APD Has Achieved Compliance Levels Mandated By Court Approved Settlement Agreement; City Should Seek Immediate Dismissal Of Case And Not Be Required To Waite 2 More Years

On November 14, 2014, the City of Albuquerque, the Albuquerque Police Department and the United State Department of Justice (DOJ) entered into a stipulated Court Approved Settlement Agreement (CASA). The settlement was the result of an 18-month long investigation by the Department of Justice (DOJ) that found that the Albuquerque Police Department engaged in a pattern of “excessive use of force” and “deadly force”, especially when dealing with the mentally ill. The DOJ investigation also found a “culture of aggression” existed within the APD. Department of Justice investigators reviewed 20 fatal shootings by Albuquerque Police between 2009 and 2013 and found that in the majority of cases the level of force used was not justified because the person killed did not present a threat to police officers or the public.

The Court Approved Settlement Agreement mandates 271 police reforms, the appointment of a Federal Monitor and the filing of Independent Monitor’s reports (IMRs) on APD’s compliance with the reforms. There are 276 paragraphs in 10 sections within the CASA with measurable requirements that the monitor reports on. The ultimate goal of the settlement was to implement constitutional policing practices  and it was  aimed at making sure police officers follow policy and don’t use excessive force and deadly force.

The link to the 118-page CASA is here:

https://documents.cabq.gov/justice-department/settlement-agreement.pdf

19th FEDERAL MONITOR’S COMPLIANCE REPORT FILED

On May 13, 2024 Federal Court Appointed Monitor James Ginger filed his 19th report. The 19th Independent Monitor’s Report covers the time period of August 1, 2023, through January 31, 2024.  The report is 115-pages long.  It is the shortest report filed to date with the previous reports averaging about 300 pages.  The link to review the entire 19th report is here:

https://www.cabq.gov/police/documents/final-imr-19.pdf/view

The 19th report finds that APD has reached 100% Primary Compliance,  100% Secondary Compliance and 96% Operational Compliance.   Under the terms and conditions of the CASA, once APD achieves a 95% compliance rate in all 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Originally, APD was to have come into compliance within 4 years and the case was to be dismissed in 2018. However, because of delay and obstruction  tactics by both APD management and the police union to implement in full the reforms, a 5 year delay resulted.

The 3 compliance levels are explained as follows:

PRIMARY COMPLIANCE

Primary compliance is the “policy” part of compliance. To attain primary compliance, APD must have in place operational policies and procedures designed to guide officers, supervisors and managers in the performance of the tasks outlined in the CASA. As a matter of course, the policies must be reflective of the requirements of the CASA; must comply with national standards for effective policing policy; and must demonstrate trainable and evaluable policy components.

SECONDARY COMPLIANCE

Secondary compliance is attained by implementing supervisory, managerial and executive practices designed to and be effective in implementing the policy as written, e.g., sergeants routinely enforce the policies among field personnel and are held accountable by managerial and executive levels of the department for doing so. By definition, there should be operational artifacts such as reports, disciplinary records, remands to retraining, follow-up, and even revisions to policies if necessary, indicating that the policies developed in the first stage of compliance are known to, followed by, and important to supervisory and managerial levels of the department.

OPERATIONAL COMPLIANCE

Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency e.g., line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

EXECUTIVE SUMMARY

The 19th Federal Monitors report contains the following succinct summary of the 115 page report:

“APD and CPOA  [Civilian Police Oversight Agency] have made significant progress during the IMR-19 reporting period. The monitor acknowledges that progress has taken a significant effort from APD, CPOA, and the City. The number of APD self-monitored paragraphs is at the highest point in the history of the CASA compliance efforts. This is a significant achievement, indicating that APD is now capable of assuming responsibility for oversight of CASA requirements and is not reliant on the monitoring team to do so.

We note that all the CASA paragraphs relating to discipline are compliant. This represents another milestone for APD’s compliance efforts. As of the 19th reporting period, APD is effectively self-monitoring 191 paragraphs.

Perhaps more importantly, we found all force investigation processes compliant during the 19th reporting period. Level 2 and Level 3 use of force incidents were down 16 percent from the last reporting period. We consider this strong evidence that APD’s policies, supervisory oversight, and disciplinary systems are working as designed.

We note that the External Force Investigation Team (EFIT) is no longer providing oversight to the Internal Affairs Force Division (IAFD). Similar progress is evident at CPOA during this reporting period. All the CPOA investigations reviewed by the monitoring team this reporting period were compliant with the CASA requirements. The CPOA Board has been fully reconstituted and are currently working to complete training and other requirements of the CASA.

We would be remiss, however, if we did not note some remaining areas that are still in need of improvement. These include:

  • CPOA issues related to timelines and staffing;
  • Completing the implementation of effective training for the CPOA Board members; and
  • Continuing improvement of supervisory oversight of in-field activities such as use of force.

Frequent readers of the monitor’s reports will note that this “to-do list” is markedly shorter than in the past. This is reflective of the significant progress APD has made over the last six months.”

The link to review the entire 19th report is here:

https://www.cabq.gov/police/documents/final-imr-19.pdf/view

REACTION TO 19TH REPORT FINDINGS

Mayor Tim Keller inherited the court-approved settlement agreement, known as the CASA, after being elected mayor in 2017. One of his major campaign promises was to fully implement the CASA term and conditions within his first term. Keller said this in a video statement:

The road to get here has not been easy, but we never gave up. … We believed that real reform was possible. We believed that we could support law enforcement and maintain the highest standards of accountability, and we’ve done both.”

APD Chief Harold Medina, who has been charged with ensuring APD compliance over his past three years as chief, said he was proud of the strides made. APD Chief Harold Medina in a video statement:

It has been a long road for us to get to where we are today and it couldn’t have been done without the work of so many people. …  I’d like to thank the officers who stayed with the Albuquerque Police Department and fought through these changes to make sure that we improved the services that we deliver to the citizens of the city of Albuquerque. … Reform shall never end for any police department. We should always be evolving to see how we could become a better police department, more in tune with the community, and always changing to meet the needs of an ever-changing society.”

The American Civil Liberties Union of New Mexico on Monday emphasized the need for continued vigilance to safeguard community members’ rights and safety. The ACLU said the APD should continue prioritizing de-escalation tactics and minimizing police interactions, especially with vulnerable populations.

ACLU Policing Policy Advocate Daniel Williams for his part said this in a statement:

“The APD has made notable progress in implementing critical changes; however, it’s crucial to acknowledge that the journey towards comprehensive reform does not culminate with the conclusion of the CASA. … Our concerns persist regarding the use of lethal force, particularly in cases involving unarmed individuals experiencing mental health crises. [New Mexico] consistently has one of the highest per-capita rates of people killed by police in the nation; killing by APD officers represent a significant number of these deaths. … Success should be measured not just by technical compliance but by fostering a culture of accountability and respect for human life.”

Shaun Willoughby, the President of the Albuquerque Police Officers Association and a critic of the Court Approved Settlement Agreement (CASA),  said he’s happy the APD is deemed to be in full compliance and said this:

“I think that the whole DOJ process is just a blatant fraud and tax money grab. Hopefully, the monitor is packing up and shipping away from Albuquerque and the DOJ is not far behind him.”

Links to relied on and quoted news sources are here:

https://www.krqe.com/news/albuquerque-metro/police-monitor-says-apd-doesnt-need-outside-oversight/

https://www.koat.com/article/doj-albuquerque-police-full-and-effective-compliance-reform-directives/60778782

https://www.koat.com/article/apd-full-and-effective-compliance-with-doj/60830032

https://www.abqjournal.com/apd-hits-historic-milestone-police-reform-compliance/article_f76038fc-114d-11ef-8bba-7b6875ae88fc.html

https://www.cabq.gov/police/documents/final-imr-19.pdf/view

https://www.krqe.com/news/albuquerque-metro/albuquerque-mayor-police-chief-speak-on-apds-compliance-with-doj-reforms/

COMMENTARY AND ANALYSIS

There is very little doubt that Mayor Tim Keller and APD Chief Harold Medina gave out a tremendous sigh of relief when the Federal Monitor issued his latest report and not just because of the findings of the APD being found to be in compliance with the settlement. The blunt truth is APD was expected to be found in compliance after the 18th Federal Monitors report  came out saying APD fell 2% short of being in full compliance.

What called into question if APD would finally reach compliance was the Department of Justice and the FBI investigation into allegations that DWI officers took bribes to miss court dates which led to hundreds of pending DWI cases being dismissed by the Bernalillo County District Attorney’s Office. The APD Officers reportedly worked with  prominent criminal defense attorney Thomas Clear, III,  and his paralegal to get the cases dismissed.  Six of the nine officers implicated in the scandal have resigned from APD declining to be interviewed by APD Internal Affairs.

HISTORIC MILESTONE

The announcement that APD,  after over 9 years,  is now in full compliance with the Court Approved Settlement and implementation of the reforms is indeed a historic milestone.  APD is commended for at last getting the job done.  The 19th report from the  monitor essentially  says APD is “effectively self-monitoring” and that APD’s uses of force have decreased. The monitor’s report notes that APD still needs to improve supervisory oversight of in-field activities. The monitor also says the Civilian Police Oversight Agency, which focuses on police accountability, needs to address timeliness and staffing issues.

The resulting settlement agreement with the DOJ led to an overhaul of APD use of force policies, recruitment, training, internal affairs procedures and field supervision of officers.  The implementation of all the reforms took over twice as long as was originally agreed and required the expenditure of millions of dollars and oversight by an outside independent monitor. The Federal Monitor and his team have been paid upwards of $11 Million for their services and reports. The city has also spent over $40 to implement the reforms.

The Court Approved Settlement Agreement requires 95% Operational Compliance by APD. Operational compliance tracks whether officers follow policies and whether they’re corrected when they don’t. According to this latest report  APD is  at 96% Operational Compliance

Since October 2019, APD has been and has remained at 100% Primary Compliance, meaning all required policies and procedures are in place. APD is also at 100% Secondary Compliance regarding the training of officers.

The achievement of 96% of Operational Compliance now allows APD to enter a new phase of implementation directed towards a dismissal of the case. What the 19th report means is that APD can move toward self-monitoring with all of its remaining sections that have not already been dismissed by the court. If compliance can be sustained at 95% or more in all 3 compliance levels for two years, the case can be dismissed.

PEOPLE IN MENTAL CRISIS

The Court Approved Settlement Agreement was the result of an 18-month long investigation by the Department of Justice (DOJ) that found that the Albuquerque Police Department engaged in a pattern of “excessive use of force” and “deadly force”, especially when dealing with the mentally ill and the homeless.  The 19th Federal Monitor’s report states in part as follows:

“[In evaluating APD’s  and the city’s current response to] individuals in crisis and people who are unsheltered, we note that APD has met, and in many cases, far exceeded, the requirements of the CASA as it relates to mental health response planning, crisis intervention, training development and delivery, and services delivery. … We remain highly concerned about the sheer number of officer-involved shooting of people in crisis or people with mental illness. We appreciate the CIU’s efforts to continuously review officer behavior in the field and take appropriate corrective actions when necessary. Still, APD leadership and accountability structures must also effectively address these issues.”

FLY IN THE OINTMENT

The only fly in the ointment at this point continues to be the Civilian Police Oversight Agency. Issues found with the Civilian Police Oversight Agency include inadequate staffing and late completion of investigations, due to excessive caseloads the report said.

The 19th Federal Monitor’s report put it this way:

“From the monitor’s perspective, CPOA remains in crisis. … The change in compliance levels does not effectively demonstrate the progress made by APD and the CPOA (Civilian Police Oversight Agency) during this reporting period. … In this report, APD has demonstrated its commitment to policies, supervisory oversight, and importantly, a disciplinary process that holds officers accountable when necessary.”

It was the 18th  Federal Monitor’s Report that identified the failures of civilian oversight as  representing  the largest remaining roadblock to the city in ending the consent decree with the U.S. Department of Justice.  Twelve of the remaining 15 paragraphs of the Court Approved Settlement Agreement involve failures with the Civilian Police Oversight Agency (CPOA) which is appointed and overseen by the Albuquerque City Council.  The Civilian Police Oversight Advisory Board (CPOA) was formed in January, 2023 after the City Council abolished the previous Civilian Police Oversight Board.

The 18th Federal Monitor’s Report found that the civilian oversight mandated by the CASA is “in crisis” with understaffing and excessive caseloads leading to inadequate investigations by the external board tasked with everything from evaluating civilian complaints to weighing in on police shootings.  The report also showed that 12 of the remaining 15 sections of the settlement that are noncompliant revolve around the operations of the Civilian Police Oversight Advisory Board. The monitor found that since the change made in January, 2023, the CPOA had not been able to properly function.

The 18th Monitor’s  Report states:

“From the monitor’s perspective, CPOA is in crisis. This crisis was birthed by understaffing, the need for the City to fill supervisory and oversight positions, and the need to improve the organizational structure of the agency.”

The CPOA’s problems led the city to fall behind on Secondary Compliance which had reached 100% compliance in the 17th report but dropped by 1% and is  now at 99%  in the 18th IME Report due to a drop in CPOA training.

Then City Council President Pat Davis  said in a letter to Mayor Tim Keller that changes to “key leadership” within the City Council and the administration “slowed things down” over the summer, but they have since interviewed more than a dozen applicants for the vacant board positions.  Davis said the council expected to reach its initial goal of having those positions filled, as well as filling a crucial leadership role, by the end of the year.

Davis said the board was  expected to be fully staffed and hire a contract compliance officer, who would make sure the CPOA abides by the settlement agreement and would be in charge of staffing, by the end of December. Davis said this:

“We’re on track. … This is the last big-ticket item, the administration wants it done fast, the monitor wants it done fast, we want it done well — and fast.”

On January 1, 2024  a new city council was  sworn in.  During a November 8 news conference announcing the 18th Federal Monitors Report, Mayor  Keller emphasized  the CPOA is the responsibility of the City Council, but said his administration is “here to help.”

When asked if the city could reach full compliance without the CPOA portions of the CASA fulfilled, city and police officials replied, “Just barely.”  Keller said if the City Council doesn’t get the CPOA into compliance with the CASA, one option would be to split the CASA into two, calling the CPOA half “a little casita.”

REFORMS ACHIEVED UNDER THE CASA

On November 16, 2023, it was  a full 9 years that has expired since the city entered into the CASA with the DOJ. It was originally agreed that implementation of all the settlement terms would be completed within 4 years, but because of previous delay and obstruction tactics  by APD management and the police officers’ union found by the Federal Monitor as well as APD backsliding in implementing the reforms, it has taken another 5 years to get the job done.

After 9 full years, the federal oversight and the CASA have produced results. Reforms achieved under the CASA can be identified and are as follows:

  1. New “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.
  2. All sworn police officers have received crisis management intervention training.
  3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
  4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
  5. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.
  6. “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police also receiving the training.
  7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
  8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
  9. The Repeat Offenders Project, known as ROP, has been abolished.
  10. Civilian Police Oversight Agency has been created, funded, fully staffed and a director was hired.
  11. The Community Policing Counsels (CPCs) have been created in all area commands.
  12. The Mental Health Advisory Committee has been implemented.
  13. The External Force Investigation Team (EFIT) was created and is training the Internal Affairs Force Division on how to investigate use-of-force cases, making sure they meet deadlines and follow procedures.
  14. Millions have been spent each year on new programs and training of new cadets and police officers on constitutional policing practices.
  15. APD officers are routinely found using less force than they were before and well documented use of force investigations are now being produced in a timely manner.
  16. APD has assumed the self-monitoring of at least 25% of the CASA reforms and is likely capable of assuming more.
  17. The APD Compliance Bureau has been fully operational and staffed with many positions created dealing directly with all the reform efforts and all the duties and responsibilities that come with self-assessment.
  18. APD has attained a 100% Primary Compliance rate, a 100% Secondary Compliance rate and a 96% Operational Compliance rate.

CITY SHOULD SEEK DISMISSAL OF CASE AND NOT WAITE ANOTHER 2 YEARS

Over the last 9 years, APD has devoted thousands of manhours and the city has spent millions of dollars on the reform process, creating and staffing entire divisions and roles and rewriting policies and procedures.  APD has implemented oversight outside of the CASA requirements, implementing 6 month reviews of police shootings to identify shortcomings and possible solutions.

Despite the fact that the Court Approved Settlement Agreement mandates 2 years of sustained compliance of all 3 levels, it can be said that the spirit and intent of the CASA have now been fully achieved.  Given the extent of the compliance levels, the work of the Federal Monitor is done. The purpose and intent of the settlement has been achieved.

The city should seek to negotiate a stipulated dismissal of the case with the Department of Justice (DOJ) sooner rather than later.  Should the DOJ refuse, the City Attorney should move to immediately to dismiss the case under the termination and suspension provisions of the CASA by filing a Motion to Dismiss the case and force the issue with an evidentiary hearing and let the assigned federal judge decide the issue of dismissal.

 

APD’s Performance Base Budget Statistics Reflects APD Falling Short On Its Public Safety Mission; 15 Years of Sworn Personnel Meltdown Under Mayors Berry and Keller; APD Sworn Goes From 1,100 To 856 With Zero Growth; Exploring Reason For Meltdown; Citizens Satisfaction Survey: Public Has Lost Confidence In APD

On April 1, the Mayor Tim Keller Administration released the proposed city operating budget for fiscal 2025 and submitted it to the Albuquerque City Council for final review and approval. The fiscal year begins July 1, 2024 and ends June 30, 2025.The proposed budget is a whopping $1.4 billion budget.  The General Fund Budget, which is funding for the individual city departments, is $845.9 million, an increase of $19.3 million or a 2.3% increase above the 2024 budget. Non-recurring spending will drop from $49.9 million last year to $28.4 million in the proposed budget.  The budget leaves 12% in reserves and a $5 million fund balance. The coming fiscal year’s budget provides funding for 7,015 full time employees.

PERFORMANCE BASED BUDGET

The entire City of Albuquerque budget is what is referred to as a performance-based budget. The City’s budget is formulated in two parts: 1. A financial plan and 2. Performance plan.

The Financial Plan is organized by department budgets and funds, and program strategy. Funds are groupings of related accounts that are used to maintain control over resources that have been segregated for specific activities.

The Performance Plan is organized by goals, desired community conditions, and program strategy. A goal is a long-term result that is further defined by desired community conditions that would exist if the goal were achieved.

https://www.cabq.gov/dfa/budget

When it comes to the Albuquerque Police Department (APD), statistics are compiled in areas that reflect performance and outcomes aimed at influencing the larger outcomes and goals that APD is striving to achieve. The performance measures capture APD’s ability to perform the services at the highest level achieved from the previous year and the “target” level for the new fiscal year. Target levels and percentages are merely goals that may or may not be achieved.

The performance measures are absolutely critical in order for the City Council to understand fully the shortcomings and strengths of APD and make critical budget decisions. Without such statics, budget review and decisions are done in the dark and in a real sense become useless, become an exercise in futility and the city council is relegated to rubber stamping whatever budget is presented to them.

APD’S PERFORMANCE BASED BUDGET

The Albuquerque Police Department (APD) continues to be the largest funded department budget and it is about a fifth of the total General Fund Operating Budget. The proposed Fiscal Year 2025 General Fund budget for the Albuquerque Police Department is $271.5 million, which represents an increase of 5.2% or $13.4 million above the Fiscal Year 2024 budget.  1,840 full time positions will be funded which includes funding for 1,010 sworn police positions.

The budget includes full funding for 1,010 sworn police officers which is identical to last year. However, the city has yet to hit its goal of 1,000  sworn police.  APD had 856 sworn officers last year and this year the highest number achieved was a 880 sworn police officers in the department and 50 cadets  are currently going through the police academy.

The proposed budget includes the following specific funding:

  • Funding for 1,010 officers positions across the Albuquerque Police Department, including, with an increase in Police Service Aides and civilian support staff, with a targeted total of 1,100 sworn police
  • $22 million for the use of crime-fighting technology through the Real-Time Crime Center and the APD Crime Lab
  • $800,000 is allocated for support for the Office of the Superintendent of Police Reform and the Independent Monitoring Team for federal oversight and consent decree related expenses so that APD can reach reform goals.
  • Funding for the Automated Speed Enforcement program, including hearing officers.

PERFORMANCE MEASURES

The following performance measures can be gleaned from the 2024-2025 proposed budget. The data reflects how effective APD has been with its budget over the last two years.

NUMBER OF SWORN APD OFFICERS:

Actual Fiscal Year 2022: 894 
Actual Fiscal Year 2023: 877
Mid- Fiscal Year 2024: 856
Target for Fiscal Year 2025: 1,100

NUMBER OF CADET GRADUATES:

Actual Fiscal Year 2022: 95
Actual Fiscal Year 2023:  85
Mid- Fiscal Year 2024: 54
Target for Fiscal Year 2025: 120

NUMBER OF 911 CALLS RECEIVED:

Actual Fiscal Year 2022: 459,720
Actual Fiscal Year 2023:  434,083 (Calls down 25,637)
Mid- Fiscal Year 2024: 215,492
Target for Fiscal Year 2025: 400,000

NUMBER OF 242-COPS CALLS RECEIVED:

Actual Fiscal Year 2022: 527,472
Actual Fiscal Year 2023:  448,100 (Calls down 79,372)
Mid- Fiscal Year 2024:  247,536
Target for Fiscal Year 2025: 550,000

NUMBER OF CALLS FOR SERVICE:

Actual Fiscal Year 2022: 512,394
Actual Fiscal Year 2023:  537,276   (24,882 INCREASE)
Mid- Fiscal Year 2024: 247,536
Target for Fiscal Year 2025: 550,000

EDITOR’S NOTE: Note the dramatic decline in calls to both emergency 911 calls and 242-COPS, but there was an increase in overall “calls for service” which is where sworn police are dispatched.

NUMBER OF VIOLENT CRIMES PER 100,000 RESIDENTS:

Actual Fiscal Year 2022: 2,312
Actual Fiscal Year 2023: 2,646 (334 INCREASE)
Mid- Fiscal Year 2024: 1,120

NUMBER OF PROPERTY CRIMES PER 100,000 RESIDENTS:

Actual Fiscal Year 2022: 7,229
Actual Fiscal Year 2023: 7,624 (395 INCREASE)
Mid- Fiscal Year 2024:  3,127

CLEARANCE RATE OF CRIMES AGAINST PERSONS  (e.g. murder, rape, assaults)

Actual Fiscal Year 2022: 44%
Actual Fiscal Year 2023:  40% (Clearance Rate Down 4%)
Mid- Fiscal Year 2024:  44%

CLEARANCE RATE OF CRIMES AGAINST PROPERTY  (e.g. robbery, bribery, burglary)

Actual Fiscal Year 2022: 9%
Fiscal Year 2023: 8% (Clearance Rate Down 1%)
Mid- Fiscal Year 2024:  8%

% of stolen vehicles recovered

Actual Fiscal Year 2022: 47%
Fiscal Year 2023: 67%
Mid- Fiscal Year 2024:  57%

CLEARANCE RATE OF CRIMES AGAINST SOCIETY  (e.g. gambling, prostitution, drug violations)

Actual Fiscal Year 2022: 57%
Actual Fiscal Year 2023: 44%  (Clearance Rate Down 13%)
Mid- Fiscal Year 2024:  55%

% HOMICIDE CLEARANCE RATE

Actual Fiscal Year 2022: 71%
Actual Fiscal Year 2023:  83%  (Up 12%)
Mid- Fiscal Year 2024:  93%

NUMBER OF FELONY ARRESTS

Actual Fiscal Year 2022: 6,122
Actual Fiscal Year 2023:  8,034  (Up 1,912)
Mid- Fiscal Year 2024:  4,633

NUMBER OF MISDEMEANOR ARRESTS

Actual Fiscal Year 2022: 9,799
Actual Fiscal Year 2023:  11,293 (Up 1,494 arrests)
Mid- Fiscal Year 2024:  5,883

NUMBER OF DWI ARRESTS

Actual Fiscal Year 2022: 1,287
Actual Fiscal Year 2023:  1,385   (Up 98 arrests)
Mid- Fiscal Year 2024:  674

PERCENTAGE OF CASES SUBMITTED TO THE DISTRICT ATTORNEY

Actual Fiscal Year 2022: 96%
Actual Fiscal Year 2023:  85% (Down 9%)
Mid- Fiscal Year 2024:  86%

NUMBER OF HOME VISITS

Actual Fiscal Year 2022: 3,025
Actual Fiscal Year 2023: 4,024 (INCREASE BY 1,001)
Mid- Fiscal Year 2024:  3,411

NUMBER OF INDIVIDUALS ASSISTED

Actual Fiscal Year 2022:  1,219
Actual Fiscal Year 2023:  8,996
Mid- Fiscal Year 2024:  3,411

NUMBER OF INDIVIDUALS ASSISTED THROUGH COAST

Actual Fiscal Year 2022:  2,184
Actual Fiscal Year 2023:
Mid- Fiscal Year 2024:

RECRUITMENTS UP BUT OFFSET BY DEPARTURES

The proposed APD budget of $271.5 million includes proposed funding for 1,100 sworn police officers and 725 civilian employees. APD acknowledges the 1,100 figure for sworn police officers is a goal established by previous administrations.  The last time APD reached the goal of 1,100 police officers was in 2009 under the third term of Mayor Martin Chavez. The Keller Administration now says that the 1,100 figure is an unrealistic goal.  According to the 2024-2025 proposed budget, by mid-fiscal year 2024, APD had 856 sworn officers. The 856 number is fewer than in fiscal year 2023 when there were 877 and in and 2022 when there were 894 officers.

APD Spokesperson Rebecca Atkins said this:

[The 1,100] goal is from the past and is unrealistic. … If the department reaches more than 1,000 officers, there is an administrative plan to request additional resources in order to fund the additional officers.   APD is focused on a [comprehensive approach to public safety] …That includes a multitude of things including civilianizing many areas of the department as well as advancements in technology, which have been a force multiplier for APD.”

City Councilor Dan Champine is a former APD Police Officer. He said  he thinks reaching 1,100 officers  and going  from 875 to 1,100 officers isn’t an unrealistic expectation, but it will  take time to reach that goal.

City Councilor Champine said this:

“You have an academy class that’s six months long and you put 50 people in the class, so you do two of those, that’s 100 people that are going to graduate in a year and put out on the streets. … And during that one year at a time, you lose 60 people because of retirement or moving or life, so now your net gain is 40.” 

APD Spokesperson Rebecca Atkins said in the last year, APD has seen a record number of recruits and some of the largest cadet classes in a decade.  However, 80 officers separated from the department during the last fiscal year with 40 sworn officers resigning, 35 retiring, and 5 terminated.

The city’s targeted number of recruits for next year is 120, although it has not yet broken 100 in previous years. In fiscal year 2023, there were 85 recruits and in 2022 there were 95. By mid-year of fiscal year 2024, APD had 54 recruits.

APD has ramped up its recruiting presence on social media platforms, television and in movie theaters. APD Spokesperson Rebecca Atkins said a plan was put into place in 2022 to ramp up recruiting efforts for the Police Service Aide program because they’re a pipeline to future officers. Police Service Aides are tasked with handling minor traffic crashes, writing reports, managing traffic control and assisting with other administrative duties. Atkins said this:

“There will always be retirements and separations year to year, but, the growing number of cadets in our academy and PSAs who will become future officers continue to add to the department’s growing numbers. … We will continue our recruiting efforts…which have been successful in reaching qualified candidates who want to join the department. Just in the last two years, nearly two dozen PSAs have become police officers at APD. … We also currently have nearly 100 PSAs in the department, which is the highest number in the department’s history.” 

Once PSAs are qualified to become officers which is usually when they turn 21  they can apply to become sworn officers.

https://citydesk.org/2024/mayors-proposed-budget-includes-5-more-funding-for-  police/?utm_medium=email&mc_cid=608fffdc41&mc_eid=001367acf1

ANALYSIS AND COMMENTARY

When it comes to the Albuquerque Police Department and the performance measure contained in the 2024-2025 it is painfully obvious that APD is falling short in getting its job done in protecting the public despite being the largest of all of the 27 City Departments with a $271.5 million budget.

15 YEARS OF ZERO PROGESS ON INCREASING SWORN PERSONNEL NUMBERS

On December 1, 2009 when Mayor Richard Berry was sworn into office succeeding Mayor Marty Chavez, the Albuquerque Police Department (APD) was the best trained, best equipped, best funded police department in its history. In 2009, APD was fully staffed with 1,100 sworn police officers.  APD response times had been brought down below the national average and violent and property crime rates in Albuquerque were hitting historical lows.

During the 8 years Mayor Richard Berry was in office, the city’s violent crime and property crime rates hit historical highs and APD went into a personnel meltdown going from 1,100 sworn police officers to 853 sworn police, a loss of 247 sworn police. Since taking office on December 1, 2017 Mayor Tim Keller has made Public Safety his number one priority over the last 7 years because of the city’s spiking violent crime rates.

Notwithstanding all of Mayor Keller’s efforts to recruit and expand APD, the department is still seriously short staffed despite the millions being spent on salary increases, sign on bonuses and being the best paid law enforcement agency in the state and the region. Today, according to the 2024-2025 proposed budget, by mid-fiscal year 2024, APD had 856 sworn officers which is only 3 more sworn police than the day Keller took office in 2017.  Given the volume of arrests and cases, APD is critically understaffed to complete its mission.

It’s no too difficult to pin point the multiple reasons for the sworn personnel melt down over the last 15 years.

First, APD’s poor reputation has made it difficult to attract a new generation of police officers.  The Department of Justice civil rights investigation in 2013 contributed to APD’s poor reputation when it found that APD engaged in a pattern of “excessive use of force” and “deadly force” and found a “culture of aggression” with numerous judgments entered against the city for civil rights violations. The killing of homeless camper James Boyd in the Sandia Foothills by APD in 2014 expedited the city and APD entering into a consent decree that mandated 271 reforms and constitutional policing practices.  2 APD Officers were charged with murder  of Boyd, but the jury was unable to reach a verdict and the city settled the case for $5 Million. The consent decree was suppose to last only 4 years and be dismissed, but it lasted 9 years after APD management and the police union engaged repeatedly in obstruction tactics and failed to come into compliance with the reforms. On May 13, 3024, it was announced APD has come into compliance and it likely the case will be dismissed after 2 more years of being in full compliance.  A more recent scandal that has now rocked APD is the Bribery and Conspiracy Scandal to dismiss DWI cases where 9 police officers have now been implicated as the investigation expands.

Second, respect for law enforcement deteriorated all over the country as departments came under intensive scrutiny for civil rights violations and repeated killings of African Americans and other minorities. That intense scrutiny culminated with the killing of George Floyd and the conviction of 5 Minneapolis Police  Officers and the Black Lives Matter movement in the United States.

Third, violent crime,  property crime, and  the proliferation of drugs because of the drug cartels has  spiked dramatically all over the country  making it difficult to be a police officer. Murders in the United States reach an all time high, especially during the Covid-19 pandemic and law enforcement agency resources were stretched to historical levels.

Fourth, this countries obsession with guns and resistance to any and all gun control has resulted in even more guns being available to the criminal element in the United States endangering law enforcement.

Fifth, simply put, becoming a police officer has become less and less attractive making it difficult to attract a new generation of police officers. The workloads and pressures of being in law enforcement makes it unattractive profession on many levels.

APD’S WORKLOADS INCREASE AND DECREASE OVER 4 YEARS

Despite being severely understaffed, APD’s performance measure reveal that the department’s workload has increased and decreased over the last 4 years.

The number of calls for service increased by 24,882 going from 512,394 in 2022 to 537,276  in 2023 with the projected targeted number at 550,000 for 2025

APD’s felony arrests went up by 1,912 going from 6,122 in 2022 to 8,034 in 2023  with 4,633 felony arrests by midyear 2024.  Notwithstanding felony arrests going up over the last 2 years, APD felony arrest were much higher in 2020 with 10,945 felony arrests and in 2021 with 6,621 felony arrests

APD’s misdemeanor arrests  also went  up 1,494 going from 9,799 in 2022 to 11,293 in 2023 with 5,883 misdemeanor by midyear 2024. Notwithstanding  misdemeanor arrests going up over the past 2 years, misdemeanor arrests were much higher in 2020 with 19,440 misdemeanor arrests and in 2021 with 16,520 misdemeanor arrests.

The number of DWI arrests has increased by a mere 98 arrests going from 1,287 in 2022 to 1,385 in 2023.  DWI arrests were much higher in 2020 with 1,788 DWI arrests and in 2021 with 1,230 DWI arrests.

The percentage of cases submitted to the District Attorney for prosecutions has gone down by 9% with 96% submitted in 2022 and 85% submitted in 2023. The lack of personnel to complete investigations in full contributes to the decline in case submitted.

911 EMERGENCY CALLS AND 242 COPS CALLS DOWN

It is very troubling that 911 calls are down by 25,637 and 242-COPS calls are down by 79,372 from the previous year. The blunt truth is that crime has not gone down that much. The likely reasons for the decline in calls is that victims of crime have lost an extent of faith and are likely frustrated in APD’s failure to respond.

CLEARANCE RATES DOWN IN ALL THREE MAJOR CATEGORIES

Clearance rates are where the “rubber hits the road” when it comes to law enforcement. The ultimate goal is to solve a case, apprehend a perpetrator and prosecute.  APD uses the National Incident-Based Reporting System (NIBRS) as required by the FBI and there are 3 major broad categories of crime. The 3 major categories are then broken down into 52 sub-categories.

NIBRS counts virtually all crimes committed during an incident and for that reason alone NIMRS is far more sophisticated than the “most serious incident-based” reporting SRS reporting system which list only 8 major categories of crime.

Over the past 2 years, APD’s clearance rates have gone down in all 3 major categories of crime:

CRIMES AGAINST SOCIETY include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes. APD’s clearance rate in Crimes Against Society went down 13%, going from 57% in 2022 to 44% in 2023.

CRIMES AGAINST PERSONS include murder, rape, and assault, and are those in which the victims are always individuals. APD’s clearance rate in Crimes Against Persons went down 4% going from 44% in 2022 to 40% in 2023.

CRIMES AGAINST PROPERTY include robbery, bribery, and burglary, or to obtain money, property, or some other benefit. APD’s clearance rate in Crimes property went down by 1% going from 9% in 2022 to  8% in 2023.  APD Spokesperson Franchesca Perdue said property crime clearance rates are generally low because there are usually no witnesses or offender information after the crime has been committed.

According to the proposed 2024-205 budget, APD’s goal is to more than double the clearance rate for property crimes setting a goal to clear 20% of property crimes. The department had the same goal last year but fell far short.  Perdue said this about APD’s low clearance rates in property crime:

“The most common way to overcome this is the use of surveillance videos, better lighting, and neighbors working together to report suspicious activity. … There is increased lab personnel to assist in processing evidence such as fingerprints and the number of crime scene specialists is the highest it’s been at the department. …  The hope is that more evidence will be gathered and processed, which will lead to more cases being solved and a higher clearance rate.”

The link to the relied upon and quoted news source is here:

https://citydesk.org/2024/more-than-90-of-property-crimes-in-albuquerque-arent-solved/?utm_medium=email&mc_cid=40922ff3e7&mc_eid=001367acf1

CITY HOMICIDES EBB AND FLOW

On January 5, 2024, the Albuquerque Police Department (APD) released its end-of-year data for homicides.  During the last 6 years, the city’s murder rates rose, dropped one year, and then rose to a historical high and dropped by 20% in 2023. Following is the breakdown of homicides by year:

2017: 72 homicides
2018: 69 homicides.
2019: 82 homicides
2020: 76 homicides
2021: 117 homicides
2022: 120 homicides

2023: 97 homicides

https://www.abqjournal.com/1534762/homicide-numbers-high-despite-pandemic.html?amp=1

https://www.abqjournal.com/2458296/remembering-some-of-2021s-homicide-victims-in-abq-ex-total-

2023 HOMICIDES

According to the Albuquerque Police Department (APD), murders were down 20% last year. In 2023, APD said there were 97 murders, compared to 121 investigated by APD in 2022.  APD reported that 84 homicides were solved in 2023 with 53 of the cases from 2023 and 31 of the cases are from previous years. APD reported that 117 suspects were arrested, charged or died in 2023  and 12 of the homicide suspects from 2023 were juveniles.

According to APD, there are a few things that may have led to the 20% decrease in homicides. They include officers being more proactive, new and updated technology and arresting people. In 2017, APD only had five homicide detectives who investigated 72 homicides. The homicide unit now has 16 detectives, and roughly 200 officers went through the department’s detective academy.

The raw data breakdown for the 2023 homicides is as follows:

Of the 97 homicides:

  • 84 homicides were solved.
  • 53 of the cases were from 2023.
  • 31 of the cases are from previous years.

ARRESTED AND CHARGED

APD reported 117 suspects were arrested, charged or died in 2023.

  • 72 of the suspects are from 2023 cases.
  • 64 arrested
  • 5 dead
  • 3 charged or considered wanted.
  • 45 of the suspects are from previous years.
  • 20 suspects are from 2022 cases.
  • 12 suspects are from 2021 cases.
  • 7 suspects are from 2020 cases.
  • 1 suspect is from a 2019 case.
  • 1 suspect is from a 2018 case.
  • 2 suspects are from 2017 cases.
  • 1 suspect is from a 2016 case.
  • 1 suspect is from a 2014 case.

CITY’S HISTORICALLY LOW HOMICIDE CLEARANCE RATES IMPROVE

APD’s performance measures reflect that the department’s homicide clearance rate is up by 12% for one year going from 71% in 2022 to 83% in 2023.  Notwithstanding the impressive increase, for the years 2019 to 2021, the city’s homicide clearance percentage rates have been in the 50%-60% range and in fact dropped dramatically to less than 40% one year.

According to APD approved city budgets, following are APD’s homicide clearance rates for the years 2016 to 2024:

  • 2016:APD homicide clearance rate 80%
  • 2017:APD homicide clearance rate 70%.
  • 2018: APD homicide clearance rate 47%.
  • 2019: APD homicide clearance rate 57%
  • 2020: APD’s homicide clearance rate 57%
  • 2021: APD’s homicide clearance rate 53%
  • 2022: APD’s homicide clearance rate 71%
  • 2023: APD’s homicide clearance rate 79%

The link to review all city budgets from Fiscal years 2007 to 2024 is here:

https://www.cabq.gov/dfa/budget/annual-budget

APD RANKS #1 IN CIVILIAN KILLINGS OUT OF THE 50 LARGEST CITY POLICE DEPARTMENTS IN THE COUNTRY

The national nonprofit Mapping Police Violence reported that  APD killed 10.6 people per million residents — more than any other sizable police department in the nation, according to data  the tracked.  In 2022, the department set a record for police shootings with 18, 10 of which were fatal. That year, a Searchlight New Mexico  analysis found, only the police departments in Los Angeles, New York and Houston killed more people than APD.

Law enforcement officials, including police leaders and district attorneys, say such figures are nuanced. They point to the acute dearth of mental health resources in New Mexico and, anecdotally, stories of people who draw guns on police officers as explanations for why the problem of police violence is so outsized locally.”

It is worth comparing Albuquerque’s 10.6 kill rate to the largest cities in the surrounding border states of Texas, Colorado, Arizona and also including Oklahoma and Nevada:

  • Albuquerque, NM: 10.6
  • San Antonio, Texas:  9.8
  • Phoenix, Arizona: 8.7
  • Austin, Texas: 7.3
  • Denver, Colorado: 5.6
  • Tucson, Arizona: 5.5
  • Fort Worth, Texas: 5.4
  • Houston, Texas: 5.2
  • Colorado Springs, Colorado: 4.2
  • Dallas, Texas: 3.1
  • El Paso, Texas: 2.9
  • Las Vegas, Nevada: 2.6
  • Oklahoma City, Oklahoma: 2.0

In the past four years, Albuquerque police repeatedly shot people who were suffering visible mental health crises. They shot 26-year-old Max Mitnik in the head during a “schizoaffective episode” in which he asked officers to fire their weapons at him; they shot and killed 52-year-old Valente Acosta-Bustillos who swung a shovel at officers and told them to shoot him; they shot and killed 33-year-old Collin Neztsosie while he was on his cell phone, pleading for help with a 911 dispatcher.

RESIDENTS CRITICAL OF APD’S JOB PEFORMANCE 

Each year, the City of Albuquerque commissions a survey to assess residents’ satisfaction with various City services and issues relating to crime, homelessness, and public safety.  The study is required by City ordinance.

On April 16, the results of the annual City of Albuquerque Citizen Perception Survey were released. This year the poll was conducted by Pinion Research.  The findings are from a poll of 400 adults residing within Albuquerque city limits, conducted via landline, cellphone, and text-to-web, from February 26 to February 28, 2024. The margin of error is +/- 4.9% points at the 95% confidence interval.

City Residents are critical of the job the Albuquerque Police Department is doing.

“The majority of city residents DISAGREE that APD is doing a good job addressing violent crime with 39% agreeing it is doing good job and 56% disagreeing they are doing a good job.

The majority of city residents DISAGREE that the APD is doing a good job addressing property crime  with 35% agreeing APD is  doing a good job and 60% disagreeing they are doing a good job.

A slight majority of city residents DISAGREE that “the Albuquerque Police Department is ready to transition away from oversight by the federal government and operate on its own” with 39% agreeing APD is ready to transition away from federal oversight and 51% disagreeing APD is ready to transition away from federal oversight.

In addition to disagreeing with the positive APD statements, most city residents disagree that “The Albuquerque City Government is responsive to our community needs” with 35% agreeing that the Albuquerque City Government is responsive to community needs and 61% disagreeing Albuquerque City Government is responsive to community needs.

Feelings about APD vary by gender.  Men are less likely to agree that the APD is doing a good job addressing violent crime with 32% of men agree versus 46% women agreeing.   Men are less likely to agree that the APD is doing a good job addressing property crime with 24% men agreeing versus  45% women agreeing.  Women are less likely to agree that the APD is ready to operate on its own with 45% men agreeing versus 33% women agreeing.

Speeding and reckless driving is the top issue that affects feelings of safety across demographics. Overall, a whopping 81% of city residents say that speeding and reckless driving affects their feelings of safety at least somewhat, while 43% say it affects their feelings of safety “very much”.

Illegal drug use is the second most significant contributor to safety overall, but edges out speeding and reckless driving in intensity with 45% of city residents saying very much, and a whopping 77% of residents saying very much/somewhat.

The survey reflects the public has lost confidence in APD and is dissatisfied with how APD is dealing with property crime and violent crime.  The ongoing FBI investigation of the entire DWI unit of APD for bribery and conspiracy and dismissal of 197 DWI cases has severely tarnished APD’s reputation. APD’s finding Chief Medina’s car crash critically injuring another was “not preventable” is evidence APD is unable to police itself.  It has been reported APD Ranks #1 in civilian killings out of the 50 largest city police departments in the country.

FINAL COMMENTARY

The Citizens Satisfaction Survey is a reflection of Mayor Keller’s poor job performance as he prepares to run for a third term. Voters want results when it comes to APD and the direction the city is going. Based on APD’s performance measures, and after seven years in office, Mayor Keller and his APD management team have been a failure.

The link to review the entire unedited survey report is here:

 https://www.cabq.gov/progress/documents/albuquerque-yearly-survey-2023.pdf

Links to related blog articles are here:

FBI Reports City’s Crime Up By Less Than 1%; Statistic Skewed Because Of Changes In FBI Reporting System; Crime Likely Much Higher Given APD’s Reduced Enforcement Efforts And APD’s Past Inaccurate Reporting

Search Light New Mexico Article: “Can The Albuquerque Police Department ever be reformed?”; APD Ranks #1 In Civilian Killings Out Of The 50 Largest City Police Departments In The Country; APD Killing More People Than Ever Despite Implementation Of Reforms

ABQ Journal Dinelli Guest Opinion Column: “Survey Says Public Has Lost Confidence In APD”; Mayor Tim Keller Should Be Denied A Third Term

On Sunday, May 12, the Albuquerque Journal published the following guest opinion column written by Pete Dinelli entitled “Survey says: Public has lost confidence in APD”:

On April 16, the results of the annual city of Albuquerque Citizen Perception Survey were released. The survey is done to determine residents’ satisfaction with city services and issues. The poll of 400 adults was taken Feb. 26-28, with a margin of error of +/- 4.9% points. The results of the survey are as follows:

QUALITY OF LIFE

Financial security deals with “quality of life.” Fifty percent of city residents feel their personal financial situation has largely stayed the same over the last six months. Thirty-seven percent report that their personal financial situation has gotten worse over the last six months, while just 12% feel their financial situation has gotten better. 

PERSONAL SAFETY

Sixty-nine percent of city residents report feeling safe outside in their neighborhoods. Eighty-one percent of city residents say that speeding and reckless driving affects their feelings of safety. Illegal drug use is the second most significant contributor to residents not feeling safe. It edges out speeding and reckless driving in intensity with a whopping 77% of residents saying very much or somewhat.

CITY SERVICES

Sixty-one percent “disagree” and 35% “agree” that “the Albuquerque City Government is responsive to our community needs.”

HOMELESSNESS

Twenty-three percent of residents feel panhandling impacts them and their family the most, while 17% feel homeless encampments impacts the most for a combined total of 40% for the two issues. Homeless numbers have spiked dramatically despite the Keller administration spending over $100 million the last two years on assistance and shelter to the homeless.

DIRECTION CITY IS GOING

Sixty-three percent of city residents report feeling concerned about the direction of the city with only 31% say they are hopeful about the direction of the city.

ALBUQUERQUE POLICE DEPARTMENT

Sixty percent of city residents “disagree” and 35% “agree” that the APD is doing a good job addressing property crime. Fifty-six percent of city residents “disagree” and 39% “agree” that APD is doing a good job addressing violent crime.

Fifty-one percent of city residents “disagree” that “the Albuquerque Police Department is ready to transition away from oversight by the federal government and operate on its own” while only 39% “agree.”

APD’s budget is $271.5 million and is the largest department budget, representing upwards of 33% of the city’s $845.9 million general fund budget. The survey reflects the public has lost confidence in APD and is dissatisfied with how APD is dealing with property crime and violent crime with the resources it has.

The ongoing FBI investigation of the entire DWI unit of APD for bribery and conspiracy and dismissal of hundreds of DWI cases has destroyed APD’s reputation. APD’s finding that Chief Harold Medina’s car crash critically injuring another was “non-preventable” reflects APD is unable to police itself.

It has been reported APD ranks No. 1 in civilian killings out of the 50 largest city police departments in the country.

The city’s annual budget is $1.2 billion and it employs over 7,000 full-time employees, yet residents do not believe city government is responsive to their needs.

It’s alarming that 63% of city residents say they are concerned over the direction the city is going and 61% disagreeing city government is responsive to community needs. These ratings reflect the general public believes Mayor Tim Keller and the City Council are failures managing city resources.

The Citizens Satisfaction Survey is a reflection of Mayor Keller’s poor job performance as he prepares to run for a third term. Voters want results when it comes to APD and the direction the city is going.

After seven years in office, Mayor Keller and his APD management team have failed. Mayor Tim Keller should be denied another term.

Pete Dinelli is a former Albuquerque city councilor, former chief public safety officer and former chief deputy district attorney. You can read his daily news and commentary blog at www.PeteDinelli.com.

The link to the  related blog article is here:

City “Citizens Satisfaction Survey” Gut Punch To Mayor Tim Keller As He Plans to Seek 3rd Term; 63% Concerned Over Direction City Is Going; 61% Disagree City Government Is Responsive To Community Needs; 60% Disagree APD Doing Good Job Addressing Property Crime; 56% Disagree APD Doing Good Job Addressing Violent Crime

Vote Democrat Frank Baca For Bernalillo County Commission, District 2

EDITOR’S DISCLAIMER: The opinions expressed in this guest column written by Frank Baca  are those of Mr. Baca  and do not necessarily reflect those of the www.petedinelli.com blog. Mr. Baca did not  pay www.PeteDinelli.com to publish his opinion column and Mr. Baca was not compensated for it.  The article  is published as a public service to voters of Bernalillo County Commission District 2.

Democrat District 2 Bernalillo County Commissioner Steven Michael Quezada cannot run for reelection because he will have served two consecutive four-year terms. Two Democrats, Frank Baca and William Walker, and one Republican, Mary Ingham are now running to fill the seat.

ABOUT FRANK BACA

Frank Baca has a long history of involvement with community and economic development groups, including having served on the board of the Rio Grande Community Development Corporation for 12 years, ten years as president and on the board of the New Mexico Hispanic Bar Association for six years, two (2) as president.  A native of New Mexico, Frank graduated from Rio Grande High School, Yale University (B.A. in History), and earned a law degree from the University of New Mexico School of Law.

FRANK BACA GUEST OPINION COLUMN

Mr. Baca has submitted the following guest column to www.PeteDinelli.com for publication:

“I recently read a column in the Albuquerque Journal which opined that focusing on the bottom-dwelling results of the various national rankings is a rather negative, if not unproductive, way to seek change in our community. The question I pose then is what concrete, positive, steps can we take?

As a candidate for Bernalillo County Commission, District 2, I have had the opportunity to meet with a number of amazing individuals and to learn more about their impactful work, from neighborhood associations to non-profit organizations to existing government programs. I am impressed and inspired by the incredible work being done in the community.  I am especially proud that so many of these individuals and organizations are situated in or have their roots in District 2, which includes the South Valley, Barelas, the Southwest Mesa and adjoining communities.

At times, the challenges in our community can seem insurmountable and overwhelming. I know I have been inspired and encouraged knowing that work is underway to address a myriad of social issues.  I believe the public would also be inspired and encouraged and would be more likely to become engaged in finding solutions if they were more aware of what is being done. As a County Commissioner, I believe I would be well situated to help change the view from a negative approach to a more positive, collaborative and, hopefully, more productive mindset!

Education is the foundation for any community. From secondary to post-secondary to the trades and other vocational education, quality programs must be available and fully funded and supported. A Commissioner can promote communication and partnerships between the educational organizations but there MUST be accountability for good results.

We can build on that foundation by funding our infrastructure needs, including residential  roads, lighting and drainage. Infrastructure projects serve the dual purpose of safety and transportation as well as providing good paying jobs that have benefits. Infrastructure funding MUST be a priority!

In addition, we all want to live in a healthy and safe community. We have a serious problem with crime and homelessness. The County is in a position to provide behavioral health resources through the 1/8 of 1% GRT that is currently generating in excess of $33 million dollars per year. We need more facilities, therapists and social workers to make sure the resources connect with the needs. However, there MUST be accountability for these expenditures!

Along these lines, one specific positive and concrete step is to begin a campaign to highlight and promote the good work that is occurring. The benefits of such a public relations campaign would include:

  • Generating support for the particular organizations or initiative,
  • Increasing opportunities for partnering and avoiding overlap among the organizations and, most importantly,
  • Inspiring others in the community by increasing awareness that this work is currently being done.

 What I’ve come to appreciate is that community work provides an opportunity for everyone to do something. I also understand that no one organization or individual can do it alone. Supporting our existing community based initiatives and organizations that are currently in the trenches seem to me to be an effective way to make change. As a Commissioner for District 2, I would be mindful of the “health” of our workers and community based organizations and look for ways to support and perhaps replicate their good work across the county.

 We should never be afraid to demand accountability! Accountability begins with policy-makers establishing clearly-defined goals and measures for success. If those with that authority fulfill their role, those charged with implementation can do theirs.

 As a person who attended public schools in the South Valley, graduated from Rio  Grande High School, Yale University and the University of New Mexico School of Law, and who has essentially lived my entire life in Commission District 2, I feel I am ideally qualified to connect the dots and help lift up the successful initiatives and organizations, as well as to identify ways to support and encourage community involvement. I look forward to the opportunity to work with  community based  organizations and the citizens of Bernalillo County  to improve the quality of life all across the County.”

Respectfully,

Frank A. Baca,  Attorney at Law

Candidate for Bernalillo County Commission, District 2

COMMENTARY AND ANALYSIS

For the last 2 years, the Bernalillo County Commission has been an embarrassment plagued by infighting and very personal, hidden political  agendas with no attempt to arrive at a consensus amongst all 5 commissioners. Things have gotten so bad that 3 commissioners are now faced with complaints that they have violated the New Mexico Open Meetings Act to develop a selection for county manager as they seek to marginalize the opinions and input of commissioners they disagree with. The same 3 county commissioners have inserted themselves in the active recruitment of candidates to fill vacancies in the New Mexico legislature giving little or no regard to more qualified candidates who have applied for the positions.

Frank Baca has a solid reputation as a longtime practicing attorney within the New Mexico Bar and of being able to work with those he may disagree.  He has the common sense and the understanding of the law and our criminal justice system that is so desperately needed on the Bernalillo County Commission during difficult times. Frank Baca  will provide a level of expertise in the law  that is sorely needed on the Bernalillo County Commission.  Frank Baca’s background and expertise makes him the most qualified of all 3  of the candidates running for Bernalillo County Commission District 2.  Voters are encouraged to vote for him in the June 4 primary and the November 5 general election.

 

9th APD 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 Refuse To Take Any Responsibility For Scandal

On May 8, the Albuquerque Police Department (APD)  announced that a ninth APD Police officer has been placed  on leave in connection with the federal investigation into the department’s DWI unit. APD spokesperson Gilbert Gallegos said Officer Matthew Trahan was notified he is part of an investigation and was placed on leave.

Trahan has been with APD since 2006.  He was with the DWI unit from 2014 to 2016 and recently worked as a detective. Trahan was also involved in another incident 8 years ago. He was accused then  of severely beating his fiancee, who is also an APD officer. In a criminal complaint from 2016, police noted she had bruising, swelling and a bloody eye. Trahan’s fiancée is also on the Bernalillo County “Giglio List.” The list specifies law enforcement officers whose credibility has been called into question by previous acts of dishonesty or misconduct.

Trahan has not resigned but he joins eight more officers connected to the investigation. Six officers have resigned or retired since the investigation became public in early January. The officers who have resigned are Honorio Alba, Harvey Johnson, Nelson Ortiz, Justin Hunt, Joshua Montaño, and Daren DeAguero.  One other officer, Commander Mark Landavazo with the Internal Affairs Department was placed on leave. An unnamed Lieutenant was temporarily reassigned in the Internal Affairs Department as well. No officers have been charged as yet  in relation to the investigation.

The Federal Bureau of Investigation (FBI) is looking into allegations that DWI officers took bribes to miss court dates which led to hundreds of pending  DWI cases being dismissed by the Bernalillo County District Attorney’s Office. The APD Officers  reportedly worked with a prominent  criminal defense attorney Thomas Clear, III,  and his paralegal to get the cases dismissed.  Six of the nine officers implicated in the scandal have resigned from APD declining to be interviewed by APD Internal Affairs.

The links to quoted and relied upon news reports are here:

https://www.kob.com/new-mexico/apd-dwi-scandal-ninth-officer-placed-on-leave/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/another-apd-officer-placed-on-leave-as-part-of-dwi-unit-investigation/

https://www.koat.com/article/albuquerque-police-officer-leave-dwi-investigation/60738421

APD BRIBERY AND CORRUPTION SCANDAL IN A NUTSHELL

It was on Friday January 19 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law office of prominent DWI criminal defense attorney Thomas Clear, III.  All 6 are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissed 196 DWI cases because of the scandal due to the main witnesses’ credibility being called into question which in all the cases are APD officers.  The Albuquerque Police Department has opened its own Internal Affairs investigation of the 6 APD officers.

6 APD Police officers implicated in the scandal have now resigned during the Internal Affairs investigation. The names and dates of the 6 resignations 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.

The FBI searched the homes of Alba and Johnson and the law offices of Thomas Clear III and the home of Clear’s paralegal Ricardo “Rick” Mendez.    The US Department of Justice and US Attorney’s office have confirmed the APD police officers and the criminal defense attorney are at the center of the federal investigation involving the dismissal of hundreds of pending DWI criminal cases by the APD Officers for remuneration to have the cases dismissed by the officers failing to appear for hearings. No one has yet to be charged as the federal investigation is ongoing.

COMMENTARY AND ANALYSIS

Mayor Keller and Chief Medina have made more than a few stunning admissions throughout this sordid APD corruption scandal and they seem joined at the hip. They admit that the APD bribery and conspiracy scheme to dismiss DWI cases went on the entire 6 years they have been in charge of APD, but they never detected what was going on.

Both 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 as far back as 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 seven audits in eight years documenting the 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. Medina also  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.

BASTION OF “DIRTY AND CORRUPT COPS”

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD will likely be viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  This is so even before any charges have been filed against anyone, before any one 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 attorney be charged and convicted of the crimes, he is 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. The only way that any semblance of faith can be restored and for people to begin trusting APD again is if all the police officers involved in this scandal are held accountable, 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.

Ultimately, it is Mayor Tim Keller and Chief Harold Medina who need to be held accountable with what has happened. Mayor Tim Keller and Chief Harold Medina must ultimately be held accountable and take full responsibility for failed leadership of APD and this most egregious  APD scandal.  Mayor Tim Keller and Chief Harold Medina instead 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 as they attempt to get ahead of this most recent scandal involving APD.  They both have attempted to take credit for the 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.

 

Der Führer Trump’s Radical Second-Term Agenda; Promises To Wield Executive Power In Unprecedented Ways; An Imperial Presidency Reflecting American Fascism  

On April 30, Time Magazine published an exhaustive and very alarming report where former President Donald Trump outlined his second term agenda should he win.  The article was written by TIME’s staff reporter Eric Cortellessa with contributing  reporting from TIME reporters Leslie Dickstein, Simmone Shah, and Julia Zorthian.

What emerges from review of Trump’s second term agenda is an imperial presidency, some would say an American version of fascism, “where the outlines of an imperial presidency that would reshape America and its role in the world.”  Trump was very specific what he will do if he again elected President:

  • Trump would let red states monitor women’s pregnancies and prosecute those who violate abortion bans.
  • Trump would be willing to build migrant detention camps and deploy the U.S. military, both at the border and inland to carry out a deportation operation designed to remove more than 11 million people from the country,
  • Trump would be willing to fire a U.S. Attorney who doesn’t carry out his order to prosecute someone, breaking with a tradition of independent law enforcement that dates from America’s founding.
  • Trump said he might not come to the aid of an attacked ally in Europe or Asia if he felt that country wasn’t paying enough for its own defense.
  • Trump said he would gut the U.S. civil service, deploy the National Guard to American cities as he sees fit to combat crime, close the White House pandemic-preparedness office, and staff his Administration with acolytes who back his false assertion that the 2020 election was stolen.
  • Trump is weighing pardons for every one of his supporters accused of attacking the U.S. Capitol on January 6, 2021, more than 800 of whom have pleaded guilty or been convicted by a jury.
  • Trump would enter a second term bringing with loyalists who have drawn up detailed plans in service of his agenda, which would concentrate the powers of the state in the hands of a man whose appetite for power appears all but insatiable.
  • Trump would not commit to accepting the results of the 2024 election and even went to far as to suggest the possibility of political violence around the election if he is not elected.

Highlights of the TIME report, editing out reporter subjective observations for brevity, and emphasizing Trump’s second term agenda are as follows:

ABORTION RIGHTS

As President, Trump nominated three Supreme Court Justices who voted to overturn Roe v. Wade, and he claims credit for his role in ending a constitutional right to an abortion. At the same time, he has sought to defuse a potent campaign issue for the Democrats by saying he wouldn’t sign a federal ban. … [Trump] declines to commit to vetoing any additional federal restrictions if they came to his desk. More than 20 states now have full or partial abortion bans, and Trump says those policies should be left to the states to do what they want, including monitoring women’s pregnancies. “I think they might do that,” he says.  When … ask whether he would be comfortable with states prosecuting women for having abortions beyond the point the laws permit, he said this “It’s irrelevant whether I’m comfortable or not. It’s totally irrelevant, because the states are going to make those decisions.”

Trump’s allies don’t plan to be passive on abortion if he returns to power. The Heritage Foundation has called for enforcement of a 19th century statute that would outlaw the mailing of abortion pills. The Republican Study Committee (RSC), which includes more than 80% of the House GOP conference, included in its 2025 budget proposal the Life at Conception Act, which says the right to life extends to “the moment of fertilization.”  TIME  asked  Trump if he would veto that bill if it came to his desk. Trump said “I don’t have to do anything about vetoes because we now have it back in the states.”

THE SOUTHERN BORDER

Trump’s radical designs for presidential power would be felt throughout the country. A main focus is the southern border. Trump says he plans to sign orders to reinstall many of the same policies from his first term, such as the “Remain in Mexico Program” which requires that non-Mexican asylum seekers be sent south of the border until their court dates, and Title 42, which allows border officials to expel migrants without letting them apply for asylum. Advisers say he plans to cite record border crossings and fentanyl- and child-trafficking as justification for reimposing the emergency measures.

Trump would direct federal funding to resume construction of the border wall, likely by allocating money from the military budget without congressional approval. The capstone of this program, advisers say, would be a massive deportation operation that would target millions of people. Trump made similar pledges in his first term, but says he plans to be more aggressive in a second. “People need to be deported,” says Tom Homan, a top Trump adviser and former acting head of Immigration and Customs Enforcement. “No one should be off the table.”

For an operation of that scale, Trump says he would rely mostly on the National Guard to round up and remove undocumented migrants throughout the country. “If they weren’t able to, then I’d use [other parts of] the military,” he says. When I ask if that means he would override the Posse Comitatus Act—an 1878 law that prohibits the use of military force on civilians—Trump seems unmoved by the weight of the statute. Trump says this  “Well, these aren’t civilians. … These are people that aren’t legally in our country.” He would also seek help from local police and says he would deny funding for jurisdictions that decline to adopt his policies. Trump says, “There’s a possibility that some won’t want to participate and they won’t partake in the riches.”

FOREIGN POLICY

“… Since its founding, the U.S. has sought to build and sustain alliances based on the shared values of political and economic freedom. Trump takes a much more transactional approach to international relations than his predecessors, expressing disdain for what he views as ”free-riding friends”  and appreciation for authoritarian leaders like President Xi Jinping of China, Prime Minister Viktor Orban of Hungary, or former President Jair Bolsonaro of Brazil.

That’s one reason America’s traditional allies were horrified when Trump recently said at a campaign rally that Russia could “do whatever the hell they want” to a NATO country he believes doesn’t spend enough on collective defense. That wasn’t idle bluster.  [Trump said this] “If you’re not going to pay, then you’re on your own.” Trump has long said the alliance is ripping the U.S. off. Former NATO Secretary-General Jens Stoltenberg credited Trump’s first-term threat to pull out of the alliance with spurring other members to add more than $100 billion to their defense budgets.

But an insecure NATO is as likely to accrue to Russia’s benefit as it is to America’s. President Vladimir Putin’s 2022 invasion of Ukraine looks to many in Europe and the U.S. like a test of his broader vision to reconstruct the Soviet empire. Under Biden and a bipartisan Congress, the U.S. has sent more than $100 billion to Ukraine to defend itself. It’s unlikely Trump would extend the same support to Kyiv.  [Trump said]  in March he “wouldn’t give a penny” to Ukraine [and said]  “I wouldn’t give unless Europe starts equalizing. … If Europe is not going to pay, why should we pay? They’re much more greatly affected. We have an ocean in between us. They don’t.””

Trump has historically been reluctant to criticize or confront Putin. He sided with the Russian autocrat over his own intelligence community when it asserted that Russia interfered in the 2016 election. Even now, Trump uses Putin as a foil for his own political purposes. When …  Trump [was asked]  why he has not called for the release of Wall Street Journal reporter Evan Gershkovich, who has been unjustly held on spurious charges in a Moscow prison for a year, Trump said, “I guess because I have so many other things I’m working on.” Gershkovich should be freed, he adds, but he doubts it will happen before the election. “The reporter should be released and he will be released. … I don’t know if he’s going to be released under Biden. I would get him released.”

America’s Asian allies, like its European ones, may be on their own under Trump. Taiwan’s Foreign Minister recently said aid to Ukraine was critical in deterring Xi from invading the island. Communist China’s leaders “have to understand that things like that can’t come easy,” Trump says, but he declines to say whether he would come to Taiwan’s defense. 

 Trump is less cryptic on current U.S. troop deployments in Asia. If South Korea doesn’t pay more to support U.S. troops there to deter Kim Jong Un’s increasingly belligerent regime to the north, Trump suggests the U.S. could withdraw its forces. “We have 40,000 troops that are in a precarious position,” he tells TIME. (The number is actually 28,500.) “Which doesn’t make any sense. Why would we defend somebody? And we’re talking about a very wealthy country.”

“Transactional isolationism”  may be the main strain of Trump’s foreign policy, but there are limits. Trump says he would join Israel’s side in a confrontation with Iran. “If they attack Israel, yes, we would be there.”  He says he has come around to the now widespread belief in Israel that a Palestinian state existing side by side in peace is increasingly unlikely. “There was a time when I thought two-state could work,” he says. “Now I think two-state is going to be very, very tough.”

Yet even his support for Israel is not absolute. He’s criticized Israel’s handling of its war against Hamas, which has killed more than 30,000 Palestinians in Gaza, and has called for the nation to “get it over with.” When I ask whether he would consider withholding U.S. military aid to Israel to push it toward winding down the war, he doesn’t say yes, but he doesn’t rule it out, either. Trump  is sharply critical of Israeli Prime Minister Benjamin Netanyahu, once a close ally. “I had a bad experience with Bibi,” Trump says. In his telling, a January 2020 U.S. operation to assassinate a top Iranian general was supposed to be a joint attack until Netanyahu backed out at the last moment. “That was something I never forgot,” he says. He blames Netanyahu for failing to prevent the Oct. 7 attack, when Hamas militants infiltrated southern Israel and killed nearly 1,200 people amid acts of brutality including burning entire families alive and raping women and girls. “It happened on his watch,” Trump says.

CRIME AND DEALING WITH “ANTIWHITE FEELING”

“On the campaign trail, Trump uses crime as a cudgel, painting urban America as a savage hell-scape even though violent crime has declined in recent years, with homicides sinking 6% in 2022 and 13% in 2023, according to the FBI.  [When the declines are pointed out, Trump said]  he thinks the data, which is collected by state and local police departments, is rigged. “It’s a lie” he says. He has pledged to send the National Guard into cities struggling with crime in a second term, possibly without the request of governors, and plans to approve Justice Department grants only to cities that adopt his preferred policing methods like stop-and-frisk.

To critics, Trump’s preoccupation with crime is a racial dog whistle. In polls, large numbers of his supporters have expressed the view that “antiwhite racism” now represents a greater problem in the U.S. than the systemic racism that has long afflicted Black Americans. When asked if he agrees, Trump does not dispute this position. “There is a definite antiwhite feeling in the country … and that can’t be allowed either.” In a second term, advisers say, a Trump Administration would rescind Biden’s Executive Orders designed to boost diversity and racial equity.

UNITARY EXECUTIVE THEORY

In a second term, Trump’s influence on American democracy would extend far beyond pardoning powers. Allies are laying the groundwork to restructure the presidency in line with a doctrine called the “UNITARY EXECUTIVE THEORY”, which holds that many of the constraints imposed on the White House by legislators and the courts should be swept away in favor of a more powerful Commander in Chief.

Nowhere would that power be more momentous than at the Department of Justice. Since the nation’s earliest days, Presidents have generally kept a respectful distance from Senate-confirmed law-enforcement officials to avoid exploiting for personal ends their enormous ability to curtail Americans’ freedoms. But Trump, burned in his first term by multiple investigations directed by his own appointees, is ever more vocal about imposing his will directly on the department and its far-flung investigators and prosecutors.

Trump said he might fire U.S. Attorneys who refuse his orders to prosecute someone: “It would depend on the situation.” He’s told supporters he would seek retribution against his enemies in a second term. Would that include Fani Willis, the Atlanta-area district attorney who charged him with election interference, or Alvin Bragg, the Manhattan DA in the Stormy Daniels case, who Trump has previously said should be prosecuted? Trump demurs but offers no promises. No, I don’t want to do that,” he says, before adding, “We’re gonna look at a lot of things. What they’ve done is a terrible thing.”

“Trump has also vowed to appoint a “real special prosecutor” to go after Biden. [Trump says] “I wouldn’t want to hurt Biden. … I have too much respect for the office.” Seconds later, though, he suggests Biden’s fate may be tied to an upcoming Supreme Court ruling on whether Presidents can face criminal prosecution for acts committed in office. “If they said that a President doesn’t get immunity, then Biden, I am sure, will be prosecuted for all of his crimes.” Biden has not been charged with any crimes, and a House Republican effort to impeach him has failed to unearth evidence of any crimes or misdemeanors.”

 THE COURTS, CONGRESS AND THE PRESS

“The courts, the Constitution, and a Congress of unknown composition would all have a say in whether Trump’s objectives come to pass. The machinery of Washington has a range of defenses: leaks to a free press, whistle-blower protections, the oversight of inspectors general. The same deficiencies of temperament and judgment that hindered Trump  in the past remain present.

If he wins, Trump would be a lame duck—contrary to the suggestions of some supporters, he told TIME he would not seek to overturn or ignore the Constitution’s prohibition on a third term. Public opinion would also be a powerful check. Amid a popular outcry, Trump was forced to scale back some of his most draconian first-term initiatives, including the policy of separating migrant families.”

“Trump has sought to recast [the January 6]  insurrectionist riot as an act of patriotism. “I call them the J-6 patriots,” he says. When I ask whether he would consider pardoning every one of them, he says, ‘Yes, absolutely.’

GOVERNMENT IN WAITING

Policy groups are creating a government-in-waiting full of true believers. The Heritage Foundation’s Project 2025 has drawn up plans for legislation and Executive Orders as it trains prospective personnel for a second Trump term. The Center for Renewing America, led by Russell Vought, Trump’s former director of the Office of Management and Budget, is dedicated to disempowering the so-called administrative state, the collection of bureaucrats with the power to control everything from drug-safety determinations to the contents of school lunches. The America First Policy Institute is a research haven of pro-Trump right-wing populists. America First Legal, led by Trump’s immigration adviser Stephen Miller, is mounting court battles against the Biden Administration. 

The goal of these groups is to put Trump’s vision into action on day one. “The President never had a policy process that was designed to give him what he actually wanted and campaigned on,” says Vought. “[We are] sorting through the legal authorities, the mechanics, and providing the momentum for a future Administration.” That includes a litany of boundary-pushing right-wing policies, including slashing Department of Justice funding and cutting climate and environmental regulations.

Trump’s campaign says he would be the final decision-maker on which policies suggested by these organizations would get implemented. But at the least, these advisers could form the front lines of a planned march against what Trump dubs the Deep State, marrying bureaucratic savvy to their leader’s anti-bureaucratic zeal.

ACCEPTING RESULTS OF ELECTION ONLY IF HE WINS

Trump does not dismiss the possibility of political violence around the election [nor if he will accept the election results.]   Trump said this: “If we don’t win, you know, it depends. … It always depends on the fairness of the election.” When asked what he meant when he baselessly claimed on Truth Social that a stolen election “allows for the termination of all rules, regulations and articles, even those found in the Constitution.” Trump responded by denying he had said it. He then complained about the “Biden-inspired” court case he faces in New York and suggested that the “fascists” in America’s government were its greatest threat. “I think the enemy from within, in many cases, is much more dangerous for our country than the outside enemies of China, Russia, and various others.”

Trump was asked to explain another troubling comment he made: that he wants to be dictator for a day. It came during a Fox News town hall with Sean Hannity, who gave Trump an opportunity to allay concerns that he would abuse power in office or seek retribution against political opponents. Trump said he would not be a dictator—“except for day one” and  added. “I want to close the border, and I want to drill, drill, drill.”

Trump says that the remark “was said in fun, in jest, sarcastically.” He compares it to an infamous moment from the 2016 campaign, when he encouraged the Russians to hack and leak Hillary Clinton’s emails. In Trump’s mind, the media sensationalized those remarks too. But the Russians weren’t joking: among many other efforts to influence the core exercise of American democracy that year, they hacked the Democratic National Committee’s servers and disseminated its emails through WikiLeaks.

 Whether or not he was kidding about bringing a tyrannical end to our 248-year experiment in democracy, Trump was asked if he did not  see why many Americans see such talk of dictatorship as contrary to our most cherished principles? Trump says no. Quite the opposite, he insists. “I think a lot of people like it.”

The link to the full, unedited TIME news article with photos is here:

https://time.com/6972021/donald-trump-2024-election-interview/

 ASSOCIATED PRESS REPORT

It was on November 12, 2023 that Associated Press National Political Reporter JILL COLVIN with the  Associated Press reported on Trump’s second term agenda giving  insight on what Trump intends to do in areas not reported on in the TIME article. Following are excerpts from the Associated Press Article “Trump’s Radical Second-term Agenda Would Wield Executive Power In Unprecedented Ways”:

TRADE

“Trump says he will institute a system of tariffs of perhaps 10% on most foreign goods. Penalties would increase if trade partners manipulate their currencies or engage in other unfair trading practices.

He will urge that Congress pass a “Trump Reciprocal Trade Act,” giving the president authority to impose a reciprocal tariff on any country that imposes one on the U.S.

Much of the agenda focuses on China. Trump has proposed a four-year plan to phase out Chinese imports of essential goods, including electronics, steel and pharmaceuticals. He wants to ban Chinese companies from owning vital U.S. infrastructure in sectors such as energy, technology and agriculture, and says he will force Chinese owners to sell any holdings “that jeopardize America’s national security.”

FOREIGN POLICY

“Trump claims that even before he is inaugurated, he will have settled the war between Russia and Ukraine. That includes, he says, ending the “endless flow of American treasure to Ukraine” and asking European allies to reimburse the U.S. for the cost of rebuilding stockpiles.

It is unclear whether he would insist that Russia withdraw from territory in Ukraine it seized in the war that it launched in February 2022.

Trump has said he will stand with Israel in its war with Hamas and support Israel’s efforts to “destroy” the militant group. He says he will continue to “fundamentally reevaluate” NATO’s purpose and mission.”

TRANSGENDER RIGHTS

“Trump says he will ask Congress to pass a bill establishing that “only two genders,” as determined at birth, are recognized by the United States.

As part of his crackdown on gender-affirming care, he will declare that hospitals and health care providers that offer transitional hormones or surgery no longer meet federal health and safety standards and will be blocked from receiving federal funds, including Medicaid and Medicare dollars.

He would push Congress to prohibit hormonal or surgical intervention for transgender minors in all 50 states.

Doctors typically guide kids toward therapy before medical intervention. At that point, hormone treatments such as puberty blockers are far more common than surgery. They have been available in the U.S. for more than a decade and are standard treatments backed by major doctors’ organizations, including the American Medical Association.”

ENERGY

“Trump’s goal, he says, is for the U.S. to have the lowest-cost energy and electricity of any nation in the world, including China.

Under the mantra “DRILL, BABY, DRILL,” he says he would ramp up oil drilling on public lands and offer tax breaks to oil, gas, and coal producers. He would roll back Biden administration efforts to encourage the adoption of electric cars and reverse proposed new pollution limits that would require at least 54% of new vehicles sold in the U.S. to be electric by 2030.

And again, he says, he will exit the Paris Climate Accords, end wind subsidies and eliminate regulations imposed and proposed by the Biden admiration targeting incandescent lightbulbs, gas stoves, dishwashers and shower heads.”

EDUCATION

“Trump has pledged to terminate the Department of Education, but he also wants to exert enormous influence over local school districts and colleges.

He would push the federal government to give funding preference to states and school districts that abolish teacher tenure, adopt merit pay to reward good teachers and allow the direct election of school principals by parents.

He has said he would cut funding for any school that has a vaccine or mask mandate and will promote prayer in public schools.

Trump also wants a say in school curricula, vowing to fight for “patriotic education.” He says that under his administration, schools will “teach students to love their country, not to hate their country like they’re taught right now” and will promote “the nuclear family” including “the roles of mothers and fathers” and the “things that make men and women different and unique.”

To protect students, he says he will support school districts that allow trained teachers to carry concealed weapons. He would provide federal funding so schools can hire veterans, retired police officers, and other trained gun owners as armed school guards.”

HOMELESSNESS

“Trump wants to force the homeless off city streets by building tent cities on large open parcels of inexpensive land. At the same time, he says he will work with states to ban urban camping, giving violators the choice between being arrested or receiving treatment.

He also wants to bring back large mental institutions to reinstitutionalize those who are “severely mentally ill” or “dangerously deranged.”

PUBLIC SAFETY

“Trump would again push to send the National Guard to cities such as Chicago that are struggling with violence. He would use the federal government’s funding and prosecution authorities to strong-arm local governments.

He says he will require local law enforcement agencies that receive Justice Department grants to use controversial policing measures such as stop-and-frisk. As a deterrent, he says local police should be empowered to shoot suspected shoplifters in the act. “Very simply, if you rob a store, you can fully expect to be shot as you are leaving that store,” he said in one recent speech.

Trump has called for the death penalty for drug smugglers and those who traffic women and children. He has also pledged a federal takeover of the nation’s capital, calling Washington a “dirty, crime-ridden death trap” unbefitting of the country.”

The link to the full unedited AP News report is here:

https://apnews.com/article/trump-policies-agenda-election-2024-second-term-d656d8f08629a8da14a65c4075545e0f

The link to a related CNN report on  Trumps Second Term Agenda is here:

https://www.cnn.com/2023/11/16/politics/trump-agenda-second-term/index.html

 COMMENTARY AND ANALYSIS

One remarkable paragraph in the TIME article captured succinctly what is at stake in the 2025  election:

“Every election is billed as a national turning point. This time that rings true. To supporters, the prospect of Trump 2.0, unconstrained and backed by a disciplined movement of true believers, offers revolutionary promise.  To much of the rest of the nation and the world, it represents an alarming risk. A second Trump term could bring “the end of our democracy,” says presidential historian Douglas Brinkley, “and the birth of a new kind of authoritarian presidential order.”