A comprehensive tax bill to make major changes to New Mexico’s tax code is moving forward in New Mexico House of Representatives with hearings being held in the House Taxation and Revenue Committee.

House Bill 6 (HB6), if approved by both the House and Senate, will overhaul New Mexico’s tax system.

Hearings on the bill are currently be conducted by the House Taxation and Revenue Committee, the likely last stop before moving to the House floor for a full vote of the House Chamber and then sent to the Senate.

The Bill as is will raise about $323 million a year for government operations and road projects.

According to a legislative analysis of HB 6, it will have the net effect of generating $286 million in new revenue for the state’s general fund with $37 million generated for state and local roads.

Albuquerque Democrat House Representative Javier Martínez, a co-sponsor of the bill, said the goal is to modernize New Mexico’s tax system and create a sustainable source of new funding for all public schools.

In defending HB 6, Representative Martinez had this to say:

“This is the first step of a process that’s going to take several years, I believe, to get there, but this is a very important first step. … For far too long, New Mexico has been way too dependent on the volatility of oil and gas. HB 6 broadens our tax base. It creates a sustainable revenue source for the state for years to come. We are looking at the wealthiest paying their fair share, we’re looking at income tax rates for the highest earners and bring them up to par . … Right now, the secretary and the doctor pay the same tax rate. That’s just inherently unfair.”

https://www.kob.com/politics-news/tax-reform-bill-draws-debate-at-the-roundhouse/5260192/?cat=500

In a nutshell, HB 6 would:

1 Raise taxes on cigarettes sales.
2. Raise taxes on motor vehicle sales.
3. Reshape the personal income tax system so higher earners would pay more.
4. Impose taxes on all online retailers that sell to New Mexico residents.

DETAILED HIGHLIGHTS OF HOUSE BILL 6

The major highlights of the tax reform quoting an Albuquerque Journal report (link below) include:

“• Revise the tax systems for hospitals, with the goal of creating a level playing field for not-for-profit, government and for-profit hospitals. Not-for-profit hospitals currently are exempt from paying state taxes. It’s expected to raise $92 million in general fund revenue in the next fiscal year.”

“• Impose gross receipts taxes on sales made by online retailers to New Mexicans, including the imposition of the city and local parts of the tax. It’s expected to raise $42 million in general-fund revenue next fiscal year.”

“• Overhaul the state’s income tax brackets to make the system more “progressive” rather than flat. People would face a higher tax rate … as their income climbs [as follows]:

The top tax bracket for the highest earners … would climb from 4.9 percent now to 6.5 percent under the proposal. For a married couple filing jointly, the top tax bracket would kick in for families with income of $300,000 or more. It’s expected to raise about $132 million.”

“[This] proposal would partly undo a 2003 personal income tax cut that was pushed by then-Gov. Bill Richardson and delivered the largest reductions to high-income state residents.”

“• Double the “working families” tax credit allowed for low- and moderate-income workers. The credit is for people who are eligible for the federal earned income tax credit. Instead of being able to claim 10 percent of their federal credit, they could claim 20 percent. It’s expected to cost about $53 million in revenue.”

“• Establish an income tax deduction for taxpayers who have more than one dependent as part of an effort to offset an unintended state tax increase caused by the 2017 federal tax overhaul. It’s expected to cost about $48 million in revenue.”

“• Repeal parts of the capital gains deduction allowed for personal income taxes, which would raise about $62 million.”

“• Increase the excise tax on motor vehicle purchases from 3 percent to 4.2 percent, which would raise about $65 million. The money would largely go to the general fund, though some lawmakers broached the idea of changing the bill to send the revenue to the road fund instead.”

“• Raise taxes on tobacco and impose taxes on vaping products, which would generate $20 million for the state general fund.”

“• Change how corporate income taxes are calculated as a way to keep multistate corporations from “shifting” their income to another state to avoid New Mexico taxes. It would help some companies and hurt others, legislative analysts said, so the overall impact on state revenue is unclear, but likely positive.
…
Supporters said the proposal would help ensure the state could cover increased education spending in coming years, even if the oil boom doesn’t last.”

https://www.abqjournal.com/1285170/house-democrats-unveil-tax-proposal.html

REFORMS NOT ADDRESSED BY HOUSE BILL 6

Three major reform areas not reported upon and ostensibly absent from House Bill 6 are:

1. Imposing the state’s gross receipts tax a food and medicine.

Gross receipts on food and medication was eliminated a number a years ago as way too regressive on low income and the poor.

However, the state lost millions in revenue as a result and the legislature failed to come up with as satisfactory revenue source to replace the lost revenues.

The elimination did impact the amount of gross receipts revenue to the cities and counties.

2. Hold harmless Provision:

In 2004, the Legislature decided to remove gross receipts taxes from food and medicine resulting in a reduction in the amount of tax revenue raised.

Cities and counties are given a share of state gross receipts tax revenues so, to “hold harmless” local governments, the Legislature approved payments or subsidies to the counties to make up for the lost revenue to them.

In 2013, a last-minute tax deal between the Democratic Legislature and former Republican Governor ““She-Who-Must-Not-Be-Named” resulted in a plan to eliminate the hold-harmless payments in a phase-out with 6% or 7% cuts annually over 15 years.

To make up for the phase-out, cities and counties were granted authority, on their own and without approval by voters, to increase the gross receipts tax in their jurisdictions by up to three-eighths of 1% which translates to about 38 additional cents on a $100 purchase.

https://www.abqjournal.com/554639/holdharmless-replacement-tax-would-mean-revenue-boost.html

3. Gross receipts taxing authority given to cities and counties.

The state’s base gross receipts tax rate is 5.125%.

Cities and counties are granted taxing authority by the legislature.

Despite the states base rate being 5.125%, there are numerous varying tax rates in cities and counties throughout New Mexico because of gross receipts tax “local add on” such as the “hold harmless” taxation.

Some gross receipts tax rates surpass 8% in some cities, such as Las Cruces (8.3125%), Santa Fe (8.4375%), Clovis (8.1875%), Gallup (8.3125%), Portales (8.1875%).

There have been not reports of the legislature attempting to take away the taxing authority from the cities and counties.

GOVERNOR’S SUPPORT FOR THE MEASURE

HB 6 has drawn support from Democratic Governor Michelle Lujan Grisham’s administration.

Lujan Grisham’s own budget plan submitted to the legislature last month called for several tax-related changes including tax collection on internet sales, imposing the state gross receipts tax on not-for-profit hospital services and imposing a state tax on electronic cigarettes, all of which appear to be in HB 6 in one form or another.

Lujan-Grisham also proposed reinstating an expired solar tax credit and expanding an existing tax break for working families.

Stephanie Schardin Clarke, the Secretary of the State Taxation and Revenue Department had this to say about HB 6:

“The bill goes a long way to diversify our revenue sources in a way that will provide stability to the general fund” said the Administration described it as a sensible way to stabilize government revenue and reduce New Mexico’s dependence on the oil and gas industry.”

THE USUAL SUSPECTS IN OPPOSITION

Not at all surprising, many in the private sector and within the Republican Party are voicing severe reservations saying HB 6 goes too far and does not make sense.

Business groups and energy companies make the usual arguments against HB 6:

1. It will damage the state economy

2. It will discourage investment in New Mexico and exacerbate the challenge of recruiting high wage earners to the state

3. The timing doesn’t make sense because of historical revenues being produced as a result of the oil and gas boom in the southeastern part of the state. State economists warn that oil and gas revenue are likely to fluctuate substantially in future years

Jack Bent of the very conservative and very Republican New Mexico Business Coalition told lawmakers: “It’s very concerning. … In talking with our neighbors and fellow taxpayers, how do we explain when we have a tax surplus that we’re going to actually raise taxes?”

Rio Rancho Republican Rep. Jason Harper, who wants tax reform without raising any taxes, said the bill’s provisions appear to raise income taxes on families, while other parts would give them a break, making it difficult to project what the net change would be.

Harper proclaimed that House Bill 6 is a tax increase bill, not a tax reform bill, when he said.

“In addition to the $323 million at the state level, there’s another $170 million that are going to cities and counties as part of this tax increase. You add that together, that’s half a billion dollar tax increase on New Mexico families, the biggest tax increase in the state’s history. … We have a billion dollar surplus now and a billion dollar surplus for next year, so two billion extra dollars and we’re talking about a half billion dollar tax increase. … That just blows my mind.”

https://www.kob.com/politics-news/tax-reform-bill-draws-debate-at-the-roundhouse/5260192/?cat=500

Critics also argue that HB 6 fails to call for a reduction of New Mexico’s gross receipts tax rate which has always been a longtime goal of efforts to overhaul the state tax code.

GOVERNOR AND LEGISLATURES RESPONSE TO DISTRICT COURT RULING

Education is the number one priority for Democratic Governor Lujan Grisham and the legislature because of a District Court ruling that New Mexico was failing to meet its constitutional requirement to provide sufficient schooling to all students.

On July 20, 2018, Santa Fe District Court Judge Sarah Singleton, in a landmark case, ruled that the state of New Mexico is violating the constitutional rights of at-risk students by failing to provide them with a sufficient education mandating massive increases for public education.

The Governor’s proposed total budget for New Mexico is $7.1 billion.

The $7.1 billion budget increases state spending by $806 million.

More than 50% of the Governor’s proposed $806 million budget increase will go to the public education system.

Lujan Grisham’s budget plan calls for a more than a $500 million increase in public school spending.

The Lujan-Grisham 2019-2020 proposed budget includes increasing spending levels in the following areas:

Public schools: $3.2 billion, a 18% increase.
Higher education: $830.2 million, a 3.3% increase.
Medicaid: $1.01 billion a 6.7% increase.
Courts, district attorneys and public defenders: $306.3 million, a 3.5% increase.
Prisons: $321.4 million a 5.2 percent increase.

A detailed analysis of the Governor’s proposed budget can be viewed here:

https://www.petedinelli.com/2019/01/14/gov-michelle-lujan-grishams-budget-a-dawn-of-a-new-day/

If all the tax code changes suggested by the Governor were enacted, they would represent a net tax increase of $35 million in the coming year.

On January 14, 2019, the New Mexico Legislative Finance Committee (LFC) released its budget plan.

The LFC budget plan increases year-over-year state spending by $670.8 million, or by 10.6%, as opposed to the Governor’s $806 million, or 12.7% increase or a 2.1% difference between the plans.

The LFC’s budget earmarks more than three-fifths of the additional spending toward public schools statewide.

State prekindergarten programs would get about $25 million more under Lujan Grisham’s plan than under the LFC proposal.

https://www.abqjournal.com/1268316/nm-legislative-panel-rolls-out-7-billion-spending-package.html

ANALYSIS AND COMMENTARY

It is not at all surprising that the New Mexico Legislature is considering tax reform legislation and increasing taxes to some extent.

Much of the increase in spending under consideration by the New Mexico Legislature will require recurring revenue sources, especially for public education and teacher salaries.

Both New Mexico Senate and House legislative leadership have said for some time there is a need to overhauling New Mexico’s tax code.

During the last 8 years, former Republican Governor “She-Who-Must-Not-Be-Named” resisted and opposed any and all tax increases, no matter the need or justification, to avoid any and all tax increases at all costs, the result which is a major decline in the delivery of essential government services.

Instead of supporting tax increases former Republican Governor “She-Who-Must-Not-Be-Named” was more concerned about following Republican dogma of “no tax increases” and “reducing the size of government” by ordering spending cuts, reduced take-home pay for state employees, budget-balancing maneuvers and a downsizing of state government.

There are some 3,000 positions that are vacant or that have been lost in state government with government employees required to do more work for the same pay to fill the void of lost personnel.

The proposed changes to the tax code without a doubt will be strongly opposed by numerous business organizations, chambers of commerce throughout the state, especially the Greater Albuquerque Chamber of Commerce, airline companies, health insurance providers, car dealers and gas production companies.

House Republicans are already severely criticizing the Democrat proposed tax code changes in essence saying “I told you so” and that this would happen with the election of Democrats controlling both the House and Senate.

With the election of Democrat Governor Michelle Lujan Grisham, it makes it more likely than not that tax code changes under HB 6 will be enacted with a few changes in the Senate and the Governor will sign it.

The biggest problem confronting Democrat Governor Michelle Lujan Grisham and the Democratic Controlled legislature is knocking down the argument that they are “overreaching”.

Calling for increasing taxes when the state is experiencing at least a $1.1 billion in additional revenues from the oil and gas production is a very difficult sell but may be necessary.

The $1.1 billion-dollar surplus at this point is a one-shot infusion, that once spent, it’s gone.

The $1.1 surplus probably would better used for major projects such as road and bridge repairs.

Governor Michelle Lujan Grisham in her inaugural address is that she wants the state to think big.

A major construction project that immediately comes to mind as “thinking big” is to use a good percentage of the onetime $1.1 Billion surplus to raze the aging and deteriorating 62-year-old Tingly Coliseum and build a state of the art 25,000 seat capacity arena on the fairgrounds.

For over a year and a half, the New Mexico State Fair commission has been working on a study to bring a 15,000- seat, state-of-the-art arena to the fairgrounds and the study will soon be released.

https://www.koat.com/article/plans-to-bring-arena-to-state-fairgrounds-move-forward/26523604

According to the State Fair Commission, Tingly Coliseum is not big enough and not modern enough to attract major concerts or events and to accommodate major national conventions.

Tingly Coliseum holds 11,000 people, it opened in 1957, and the facility is seriously inadequate to accommodate major venue events and concerts such as Justin Timberlake and Lady Gaga who by pass Albuquerque and go to Denver of Phoenix instead.

Albuquerque is one of the very few if not the only major city of its size that does not have such a venue.

Such a facility could be built with the City and the State entering into a joint power’s agreement for construction and management of the facility.

The bottom line is that tax increases may be necessary because the $1.1 billion surplus is not the guaranteed continuing revenue flow source needed to support our public education system and the massive amount of education funding being mandated by the state court ruling on the prior Republican Administration failures in our Public Education System over the last 8 years.

For more article on the state tax code and proposed budgets, see:

https://www.petedinelli.com/2019/01/25/tackling-the-nm-tax-code/

https://www.petedinelli.com/2019/01/14/gov-michelle-lujan-grishams-budget-a-dawn-of-a-new-day/

https://www.petedinelli.com/2019/01/15/governor-mlgs-budget-plan-vs-lfc-budget-plan/

Although the title to this article is somewhat crude, with apologies made to anyone who is offended reading it, it is an old saying that rings true when a newspaper and by extension the news media get sued by those claiming malicious defamation.

This is a “deep dive” analysis into such a complaint and why they are so difficult prove.

The parents of the 16-year-old who was involved in an encounter with Native American advocate Nathan Phillips at the Lincoln Memorial on January 18, 2019 has filed a defamation lawsuit in Federal Court in the State of Kentucky against The Washington Post.

The Washington Post is the only named defendant in the case.

https://www.washingtonpost.com/lifestyle/style/the-washington-post-sued-by-family-of-covington-catholic-teenager/2019/02/19/aa252be4-349c-11e9-854a-7a14d7fec96a_story.html?noredirect=on&utm_term=.f10f72c41e69

The 16-year-old’s parents filed the lawsuit for him seeking $250 million in damages from The Washington Post for its coverage of the incident.

Quoting the complaint:

“In order to fully compensate Nicholas [Sandmann] for his damages and to punish, deter and teach the Post a lesson it will never forget, this action seeks money damages in excess of Two Hundred and Fifty Million Dollars ($250,000,000.00), the amount Jeff Bezos, the world’s richest person, paid in cash for the [Washington]Post when his company, Nash Holdings, purchased the newspaper in 2013”. (Page 4, paragraph 19 of complaint.)

The complaint is also seeking “compensatory damages” of Fifty Million Dollars ($50,000,000.00).

Punitive damages are awarded against a defendant to punish, deter and teach a lesson in order to keep a defendant from engaging in conduct and prevent them from ever doing it again.

Compensatory damages are the damages that must be proven in court and awarded to make a person whole again.

Sixteen year-old Nicholas Sandmann was among the students from Covington Catholic High School in Kentucky who was wearing a red “Make America Great Again” hat during a trip to the Lincoln Memorial when they encountered Nathan Phillips, a Native American activist.

You can read the entire 38-page civil federal court lawsuit complaint filed in United States District Court, Eastern District of Kentucky, Northern Division at Covington here:

https://www.dropbox.com/s/rnio82555v8eiqk/2019-02-19%20Sandmann%20%20vs.%20Washington%20Post%20-%20Complaint.pdf?dl=0

The federal lawsuit alleges a cause of action for defamation that the Washington Post published six false and defamatory articles concerning 16-year-old Nicholas Sandman, including two in its print newspaper and four online. (Page 18 of civil complaint.)

According to the federal civil complaint, The Washington Post:

“wrongfully targeted and bullied Nicholas because he was the white, Catholic student wearing a red ‘Make America Great Again’ souvenir cap on a school field trip to the January 18 March for Life in Washington, D.C. when he was unexpectedly and suddenly confronted by Nathan Phillips …, a known Native American activist, who beat a drum and sang loudly within inches of his face. … Nicholas stood quietly and respectfully for several minutes after being targeted and bullied by Phillips and Nicholas’ body language remained non-aggressive and passive throughout the incident.”

The complaint asserts that the Washington Post “targeted and bullied” 16-year-old Nicholas Sandman in order to embarrass President Donald Trump.

Numerous national news accounts and videos of the encounter resulted in a debate over the behavior of all the participants, including the students, the Native American protesters and the “Hebrew Israelite” protesters.

The complaint alleges:

“In a span of three days in January of this year commencing on January 19, the Post engaged in a modern-day form of McCarthyism by competing with CNN and NBC, among others, to claim leadership of a mainstream and social media mob of bullies which attacked, vilified, and threatened Nicholas Sandmann, an innocent secondary school child”.

Nathan Phillips for his part is a self-described Native American activist who was on the Washington Mall that day for the “Indigenous Peoples March” and is an American Veteran.

Phillips told media outlets that he was walking toward the Lincoln Memorial when he encountered the Covington Catholic (CovCath) High School group.

Nathan Phillips was chanting and beating a small drum when he came face to face with 16-year-old Sandmann.

The complaint makes the accusation that the Washington Post “bullied” Sandmann in its news stories “because he was the white, Catholic student wearing a red “Make America Great Again” souvenir cap he had purchased the morning of the incident”.

The complaint proclaims that Nathan Phillips is not a Vietnam Veteran, that he is “a phony war hero [who] was too intimidated by the unruly Hebrew Israelites to approach them, the true troublemakers, and instead chose to focus on a group of innocent children.”

According to the lawsuit, the Washington Post “did not conduct a proper investigation before publishing its false and defamatory statements of and concerning Nicholas [Sandmann]”

The Washington Post is accused of ignoring videos that showed a fuller picture of the incident and of using “unreliable and biased sources,” thus acting with “knowledge of falsity or a reckless disregard for the truth.”

NOTEWORTHY ALLEGATIONS

Noteworthy accusations to highlight in the complaint include the following numbered allegations:

“7. In targeting and bullying Nicholas by falsely accusing him of instigating the January 18 incident, the Post conveyed that Nicholas engaged in acts of racism by “swarming” Phillips, “blocking” his exit away from the students and otherwise engaging in racist misconduct.

8. The Post ignored basic journalist standards because it wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump (“the President”) by impugning individuals perceived to be supporters of the President.

9. As a 16-year-old secondary school student, Nicholas’ political beliefs are anything but established and entrenched in his young mind.

10. Nicholas has zero history of political activism or aggressiveness and did not exhibit any such conduct even when confronted with unbridled racist attacks by activist bullies at the National Mall.

11. The Post’s campaign to target Nicholas in furtherance of its political agenda was carried out by using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles which effectively provided a worldwide megaphone to Phillips and other anti-Trump individuals and entities to smear a young boy who was in its view an acceptable casualty in their war against the President.

12. Unlike the Post’s abuse of the profession of journalism, Plaintiffs do not bring this lawsuit to use the judicial system to further a political agenda. This lawsuit is brought against the Post to seek legal redress for its negligent, reckless, and malicious attacks on Nicholas which caused permanent damage to his life and reputation.

13. The Post bullied an innocent child with an absolute disregard for the pain and destruction its attacks would cause to his life.

14. The Post proved itself to be a loud and aggressive bully with a bully pulpit.

15. In targeting and bullying Nicholas by falsely accusing him of instigating the January 18th incident, the Post conveyed that Nicholas engaged in acts of racism by “swarming” Phillips “blocking” his exit away from the students, and otherwise engaging in racist misconduct.

16. But the Post did not care about protecting Nicholas. To the contrary, the Post raced with a reckless disregard of the facts and truth because in this day and time there is a premium for being the first and loudest media bully.

17. The Post wanted to lead the charge against this child because he was a pawn in its political war against its political adversary, a war so disconnected and beyond the comprehension of Nicholas that it might as well have been science fiction.

18. The Post must be dealt with the same way every bully is dealt with and that is hold the bully fully accountable for its wrongdoing in a manner which effectively deters the bully from again bullying other children. In a civil lawsuit, punishment and deterrence is found in awarding money damages to the victim and target of the bully.

19. In order to fully compensate Nicholas for his damages and to punish, deter, and teach the Post a lesson it will never forget, this action seeks money damages in excess of Two Hundred and Fifty Million Dollars ($250,000,000.00) the amount Jeff Bezos, the world’s richest person, paid in cash for the Post when his company, Nash Holdings, purchased the newspaper in 2013.”

Detailed allegations of online videos of the January 18 incident are made in the civil complaint.

THE JANUARY 18, 2019 INCIDENT

The complaint gives a version of the events of January 18, 2019 by making the following numbered allegations:

“20. On January 18, 2019, Nicholas attended the March for Life on a school trip chaperoned by sixteen adults, nine of whom were faculty members at Nicholas’ school, Covington Catholic High School (“CovCath”).

21. …

22. Nicholas was wearing a red cap Make America Great Again cap (“MAGA cap”) that he had purchased that day as a souvenir.

23. While at the National Mall, a small group of adult gentlemen who describe themselves as Hebrew Israelites a known hate group began verbally assaulting and taunting Nicholas and his CovCath classmates with including but not limited to, threats of physical violence and vitriol calling the students “incest babies” “dirty ass crackers,” and “future school shooters.”

24. One of Nicholas’ classmates requested and received permission from a school chaperone to engage in CovCath school sports cheers in an effort to ignore and drown out the hate speech being hurled at them by the Hebrew Israelites.

25. The school cheer is intended and undertaken to promote unity and school pride and should have been correctly seen as a positive act, not a racist act.

26. During the school cheer, Phillips and a small group of his companions all of whom had been participating in the Indigenous Peoples March at the National Mall that day instigated a confrontation with Nicholas and his CovCath classmates.

27. Rather than focusing their attention on the Hebrew Israelites, who had been relentlessly insulting both the teenagers for almost an hour and the Native Americans attending the Indigenous Peoples March before that, Phillips and his activist companions approached the CovCath students from a distance while beating drums, singing, dancing, and carrying cameras to capture the confrontation on video.

28. Apparently, Phillips, a phony war hero, was too intimidated by the unruly Hebrew Israelites to approach them, the true troublemakers, and instead chose to focus on a group of innocent children a much safer endeavor for activist tactics of intimidation.”

The complaint makes allegations regarding the very close face-to-face interaction between the 16-year-old and Nathan Phillips beating a drum by alleging:

“44. While he stood there with Phillips beating a drum near his face and singing loudly, Nicholas remained silent and did not utter a single word to Phillips.”

ALLEGATIONS AND INVESTIGATIONS OF NON-PARTY DEFENDANTS

The complaint argues that the Post did not conduct a proper investigation before publishing its false and defamatory statements concerning the 16-year-old. (See paragraph 71 of complaint.)

The lawsuit contains allegations and quotes from specific stories and videos published and statements made by school officials and the sixteen your old himself in a national TV interview.

According to the lawsuit an investigation was conducted that revealed the truth about what happened on January 18 and that inconsistent and false claims were made by Native American Activist Nathan Phillips.

Nathan Phillips is not a named party defendant.

The complaint also alleges false and defamatory statements concerning the 16-year-old published by the Catholic Diocese of Covington on January 19 before a proper investigation had been conducted by the Diocese.
(Paragraph 72)

The Catholic Diocese is not a named defendant.

The complaint makes specific allegations that the 16-year-old is not a “public figure” as defined by the law but is a private figure for the purposes of this defamation action, claiming he has lived his entire life outside of the public eye. (See paragraphs 163 to 168 of complaint.)

ABSENCE OF MALICE IS A DEFENSE TO “MALICIOUS DEFAMATION” ALLEGED AGAINST THE NEWS MEDIA

The distinction between a “public figure” and a “private figure” under the law is a critical distinction when it comes to the First Amendment Right of Freedom of the Press and the lawsuit filed.

The civil complaint specifically alleges that “The Post published negligently with actual malice”.

The First Amendment rights of free speech and of the press have limitations when it comes to libel, slander, defamation and malicious statements that harm others.

An act of malicious defamation involves the intentional commission of a wrongful act and statements made against another, absent real justification, with the intent to cause harm to others.

An act of malicious defamation is considered an intentional violation of the law that injures another individual in some manner and where actual damages can be proven.

“Absence of malice” refers to the legal defense against charges of libel (written) defamation, and is used in journalism to illustrate the conflict between disclosing damaging personal or newsworthy information and the public’s right to know.

If something is published or telecast with an “absence of malice” against a person reported upon, there is no liability owed to the person or subject harmed with the publication considered “freedom of speech” or of the press.

In the context of civil defamation actions for libel and slander for damages, a person who is found to be a “public figure”, such as an elected official, cannot succeed and recover damages in a lawsuit for false statements unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth and there must be actual and provable damages.

The plaintiff’s in their case against the Washington Post have requested a jury trial.

In any civil lawsuit seeking damages, the party bringing the lawsuit must prove their case by a “preponderance of the evidence” before the “trier of fact”, the jury.

“Preponderance of the evidence” is defined as the greater weight of the evidence required in a civil, non-criminal, lawsuit for a jury to decide in favor of one side or the other.

This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

https://dictionary.law.com/Default.aspx?selected=1586

COMMENTARY AND ANALYSIS

When you review the federal lawsuit against the Washington Post, what is glaring is that more than few individuals have been omitted or ignored who should have been named as parties to the lawsuit.

President Donald Trump is not name as an injured party and Native American Nathan Phillips, the Hebrew Israelites who allegedly instigated the incident and the Catholic Diocese of Covington are not named as defendants.

The complaint boldly proclaims the Washington Post “targeted and bullied” 16-year-old Nicholas Sandman in order to embarrass President Donald Trump, which is very easily alleged but will be difficult to prove in court.

“Bullying” can be loosely defined as physically or emotionally hurting someone, or shaming and embarrassing someone over an extended period of time forcing that person to do something they do not want to do to themselves or others.

“Bullying” someone usually takes the form of personal threats against a single individual being bullied and not against a third party that the person being bullied does not even know.

Besides, Trump has show repeatedly that he is incapable of being embarrassed and that he is beyond being shamed, just ask Stormy Daniels.

The Plaintiffs boldly proclaim they “do not bring this lawsuit to use the judicial system to further a political agenda” yet the lawsuit itself is seeking to stop the Washington Post and punish it for exercising First Amendment Rights of Freedom of the Press and reporting what was witnessed.

It is interesting that the complaint seeks to punish the Washington Post for “targeting and bullying” when many would say that is the exact and same type on conduct that Trump has engaged in all of his life and as President of the United States, especially against the press and minorities.

Alleging that the 16-year-old “has zero history of political activism or aggressiveness” is somewhat absurd because he was on the Washington Mall wearing a red MAGA cap with his school group attending the “March for Life Rally”, and anti-abortion rally.

It is likely the Post will defend by asserting much of the following:

1. The 16-year-old became a public figure participating in a “right to life” protest because of his religious beliefs, wearing a red MAGA hat at a public function, and there was no reasonable expectation of privacy from photos and videos.

2. The Plaintiff was under the supervision of an adult who should have intervened to prevent the incident, but instead encouraged it by having the students make school chants to drown out other protesters.

3. The 16-year-old went on national TV to do an interview all by himself to defend his action showing a great degree of maturity beyond his age.

4. All the actions on the mall the day of the incident and his appearance on national TV combined to make the 16-year-old a “public figure” in which case the plaintiff will have to prove actual malice by the Post which is very difficult at best.

5. The sixteen-year-old has suffered no damages or negligible damages and nothing near the $50 million in compensatory damages and he not entitled to punitive damages.

The complaint asserts that Nathan Phillips instigated the incident with his drum beating and that he is not a Vietnam Veteran, but that he is “a phony war hero” an allegation that will now have to be proven in court.

There are no videos quoted that have Phillips proclaiming to be a war hero and besides being a phony war hero does not mean you are prohibited from exercising your constitutional right of free speech.

The widely published photo and video of the expression on the 16-year old’s face as to what it conveyed and what he was actually thinking will be subjected to many interpretations by the public and attorneys, including it was a reasonable reaction to the situation or it was a “smirk” done to antagonize Nathan Phillips.

No doubt Mr. Phillips will have to be called as a witness in the case to get his version of what happened and what he felt.

The allegation that the Post has a “well-known and easily documented, biased agenda against President Donald J. Trump” is nothing but that, an allegation.

The civil complaint alleges and argues the Post news accounts were its own interpretation of the events, which is exactly what news agencies do in their reports.

There is no requirement that all news must be uniformly, accurately and reported upon without any biases by all news agencies, otherwise FOX News would be out of business.

What will happen now is the attorneys for the Washington Post, no doubt some of the finest in the country when it comes to the First Amendment Right of freedom of the press, will comb over all the allegations and do extensive investigation themselves and file an Answer to the Complaint.

It is highly likely that a Motion to Dismiss will be filed by the Post alleging that the civil complaint fails to allege a cause of action where relief can be granted against the Washington Post.

If a judge does not dismiss the case and allows the case to proceed, the Plaintiff’s will have to prove all the allegations made in the complaint, such as those noted above, in a court of law by “preponderance of the evidence” and show the damages sustained.

All the events occurred in Washington, DC, where the Post does business and where its reporters are, its offices are and for that reason a motion can be anticipated for a change of venue removing the case from the Eastern District of Kentucky to the Washington DC Federal Court

It is also possible that a motion will be filed to add necessary and proper parties to the lawsuit, such as Trump, Nathan Phillips, the Hebrew Israelites and the Catholic Diocese of Covington so that all the facts can be explored and damages accessed.

The Washington Post could file a counterclaim against the Plaintiff’s alleging “bad faith” on their part and for filing a frivolous complaint to interfere with the Washington Post’s First Amendment right of Freedom of the Press in order to have a chilling affect on their constitutional rights.

Another potential is that other news outlets who reported on the case may decide to intervene in the case.

All too often, Plaintiff’s file lawsuits with inflated expectations not fully comprehending that the results could result in a totally different outcome to their own determent.

As the saying goes, never get into a “pissing match” with those who buy ink by the barrel.

The elected Bernalillo County Commission and the Bernalillo County Government are required by state law to provide for the housing of the 2nd Judicial District Court, the Metro Court, the Bernalillo County Sheriff’s Office, the Bernalillo County Attorney’s Office and the Bernalillo County District Attorney’s Office.

The elected 5 members of the Bernalillo County Commission appoints the County Manager who in turn is responsible for managing, repairing and maintaining all county buildings and facilities using taxpayer funding.

A BRIEF HISTORY OF THE BERNALILLO COUNTY DISTRICT ATTORNEY’S OFFICE

During the last 40 plus years, there have been 3 physical locations for the Bernalillo County District Attorney’s Office: the 2nd Judicial District Courthouse, “Union Station” and the Steve Schiff District Attorney Building.

Over the last forty years, the Bernalillo County District Attorney office has grown from a small office of one elected District Attorney and 10 appointed Assistant District Attorneys to an office that employs 319 full time personnel consisting of 118 full time attorneys, and numerous paralegals, secretaries, investigators, and victim advocates.

For many years, and for many District Attorneys, the Bernalillo County District Attorney’s Office was located on the second floor of the old 2nd Judicial District Courthouse downtown at 5th Street and Marquette, NW

The old courthouse still stands today and it is often used for TV and film productions, including “Breaking Bad” and “Better Call Saul” for courtroom scenes.

Notable elected District Attorneys who officed on the second floor of the old courthouse include Democrats Alexander Soresse, James Brandenburg, Ira Robinson and Republicans Steve Schiff and Bob Schwartz.

As both the 2nd Judicial District Court and the District Attorney’s Office grew over the years, it was necessary for the county to move the District Attorney’s Office to its own separate building because of its sure size.

The historic Union Station building located off of Central and the rail road tracks in downtown Albuquerque housed the District Attorney’s office for about 10 years, with the county remodeling and repairing it over those years.

Only two elected District Attorneys worked at the Union Station building: Republican Bob Schwartz and Democrat Jeff Romero.

Jeff Romero was the first hispanic elected Bernalillo County District Attorney who was born and raised in Albuquerque.

NEW COURTHOUSE, NEW DISTRICT ATTORNEY BUILDINGS

It was Democrat District Attorney Jeff Romero who successfully lobbied the Bernalillo County Commission to fund and build the Bernalillo County District Attorney’s Office on Lomas adjacent to the seven story Bernalillo County Courthouse.

Democrat District Attorney Jeff Romero lobbied “one on one” all Bernalillo County Commissioners and the Bernalillo County Manager to get the office not only built, but to make it a modern functioning office that would last for decades as the office grew within a growing city.

The building of the courthouse and the District Attorney’s Office were both part of the same project costing $55.9 million dollars to construct both buildings.

The 80,000-square-foot Steve Schiff District Attorney Building houses both the Bernalillo County District Attorney as well as the Bernalillo County Attorney’s office.

The elected DA’s office is on the 3rd floor while the appointed Bernalillo County Attorney Offices are located on the 4th floor.

There is one Bernalillo County Attorney with 7 Assistant County Attorneys who office on the 4th floor of the District Attorney’s office.

The current Bernalillo County Attorney is former Democrat Speaker of the New Mexico House of Representatives Ken Martinez.

An emphasis was placed on aesthetics for both the new courthouse and the district attorney office to include public art, including sculptures and paintings.

Outside and in front of the entrance of the District Attorneys office is a commissioned sculpture of an adult “American eagle” in a nest with chicks to symbolize the nurturing of justice.

The outside bronze piece is a commissioned work of art by well-known New Mexico sculptor Sonny Rivera.

Former Republican US Representative Steven H. Schiff was a five-term Republican Congressman from New Mexico who helped research the ethics case against former Speaker of the House Newt Gingrich who was admonished for his actions by the House.

Steve Schiff passed on March 26, 1998 at the age of 51 from a lengthy battle with cancer leaving a wife and a young son Daniel.

The Bernalillo County District Attorney’s Office was named by the Bernalillo County Commission after former congressman Steve Schiff soon after he passed away.

The outside of the building bears the name “The Steve Schiff Building”.

Three elected District Attorneys have had their offices at the Steve Schiff District Attorney Building: Democrats Jeff Romero, Kari Brandenburg and Raul Torrez

In the dedication area for the District Attorney’s office building is a commissioned bronze bust of former Congressman Steve Schiff who also served as Bernalillo County District Attorney for a number of years before becoming a United States Congressman replacing Republican Congressman Manuel Lujan.

After the dedication of the Bernalillo County District Attorney’s Office and the revealing of the Steve Schiff bronze bust, the photos of all the past elected Bernalillo District Attorney’s where found and framed using taxpayer money with the photos exhibited for historical reasons.

The photos were exhibited in a small room area immediately south of the front desk entry, behind the metal detector screening area.

COMMENTARY AND ANALYSIS

Some of the best trial attorneys in New Mexico have either been elected District Attorney or started their careers at the District Attorney’s office to get trial experience.

Many prominent attorneys who are still practicing law today were given their first job right out of law school by a past Bernalillo County District Attorney.

More than a few attorneys started their careers in the District Attorney’s Office went on to become Metro Court Judges, District Court Judges, or Appellate Court Judges or becoming prominent private practice trial attorneys.

It is important to the legal community that the memories of past District Attorney’s not be forgotten but respected for the years of service they gave to our criminal justice system.

An act that was considered an act of pettiness was when current District Attorney Raul Torrez removed without any explanation all of the framed photographs of past elected District Attorneys that also had their dates of service.

Ostensibly, Mr. Torrez took the photographs down without the permission of the County Manager who manages the property.

According to sources within the DA’s office, dedication plaques to long time serving Deputy District Attorneys for the office who have passed, Deputies Joe Paone and Chris Lackman, have also been removed from conference rooms dedicated to their memory.

Elected officials often believe the offices they hold means they can do whatever they want to government facilities and its contents.

All too often elected officials do not realize how short their tenure can be if they are not careful with how they treat people or how they perform in office after elected.

Time and time again, elected officials quickly find it is easier to run for office than to hold office and fall into the trap of governing by constantly campaigning and attending events to keep a positive image with the press.

Another common tactic by insecure elected officials is to make sure that the legacy of their predecessor is dismantled, forgotten or scrubbed from public memory, such as what President Donald Trump has been trying to do for the past 2 years with the Barack Obama Legacy.

If things continue as they are for District Attorney Raul Torrez with bad stories regarding his management of the office, he needs to make sure he gives to his successor a nice photo shot of himself.

https://www.petedinelli.com/2019/02/22/two-very-bad-news-stories-and-acts-of-pettiness-by-da-raul-torrez/

His photo can then be exhibited with all the photos of his predecessors he has taken down, if those photos can be found, not destroyed or thrown away by Torrez.

In the meantime, the Bernalillo County Manager and the Bernalillo County Commission need make sure the history of the District Attorney’s Office be preserved and remind Mr. Torrez that he is a tenant, not an owner, of the building.

For the second time within a week, a very negative news report regarding the mishandling of a domestic violence case by the Bernalillo County District Attorney’s office has been reported.

Both news stories call into serious question the management of the office by District Attorney Raul Torrez.

There have also been a few very small acts of pettiness by Raul Torrez within the office.

CHANNEL 4 INVESTIGATES REPORT

According to a February 20, 2019 Channel 4 Investigates Report, an imposter “scammed the Bernalillo County District Attorney’s Office” falsely claiming she was a victim in a case.

The imposter demanded the charges dropped against the violent defendant and that he be released from jail.

Below is the link to the Channel 4 report:

https://www.kob.com/investigative-news/4-investigates-imposter-tricks-bernalillo-darsquos-office-inmate-released/5253378/?cat=504

According to the news report, the Defendant Freddie Trujillo pled guilty in a 2017 aggravated assault case.

Originally, Trujillo was placed on probation but in December 2018, Trujillo was jailed for violating his probation.

Trujillo violated his probation when he physically attacked his estranged relatives, David and Mary Ann Baca.

Trujillo was arrested after the attack on his relatives and jailed.

One month later Trujillo was released from jail after the District Attorney’s Office dropped the charges against him.

The DA’s office dropped the charges when a woman apparently claiming to be the victim Mary Anne Baca walked into the courthouse and demanded the charges be dropped.

The only problem is the woman was an imposter and the DA’s office fell for the scam.

David and Mary Ann Baca were shocked that Freddie Trujillo was released and questioned why nobody at the District Attorney Office bothered to check if the woman claiming to be the victim really was the victim.

David Baca expressed outrage when he confronted someone, presumably a prosecutor, at the DA’s office and told them:

“How dare you release someone – I [said] … don’t you have anything in [your office policies] … that says look we’re going to have to check your ID to make sure you’re the victim or you’re the assailant … And he said ‘we have nothing in [our policies] … .”

The Bernalillo County District Attorney’s Office confirmed to Ch 4 Investigates that there is no office policy that requires a person to show their identification to confirm they are the victim in a pending case or a case about to be dismissed.

DA Torrez declined to be interviewed by Channel 4 preferring to have the office Public Information Officer issue a statement that the incident was being investigated.

The Public Information Officer sent Channel 4 Investigates the following statement:

“Unfortunately, the criminal justice system currently lacks both the staff and the infrastructure to enforce a strict policy requiring every participant in the process to prove their identity. Moreover, the rigid application of that type of policy can create unnecessary barriers for many traumatized victims who must trust and communicate with our prosecutors on a regular basis. While this type of fraud is extraordinarily rare we have a responsibility to safeguard the integrity of the system and we will pursue any legal action necessary to deter this type of misconduct in the future.”

The Bernalillo County District Attorney’s Office confirmed that an investigation is underway to identify the imposter and will determine if the imposter will face charges.

What is problematic for Torrez is the fact that he has repeatedly blamed judges for the release of violent, repeat offenders, yet it was his office that released violent repeat offender Freddie Trujillo.

Channel 4 Investigates repeatedly requested to speak with District Attorney Raul Torrez on the issue.

When Torrez refused to do an interview, the reporter went out of the way to report how Torrez has an extensive history doing media interviews to report actions of his office, but declined Channel 4 Investigates an on-camera interview on the case.

CHANNEL 13 REPORT

According to a February 14, 2019 Channel 13 news story, an anonymous tipster within the District Attorney’s office sent News 13 pictures of stacks of domestic violence cases piled up on a table in the Bernalillo County District Attorney’s Office.

Below is the link to the story:

https://www.krqe.com/news/investigations/domestic-violence-victims-left-in-limbo-for-months-after-reporting-crimes/1776417417?fbclid=IwAR2h1vFytK-efAL-ldfY8TpC1iz-eVKDnDal0qB-Lv5jSM2pOrsUFjAltFY

The photos were of 3 stacks of roughly 500 domestic violence case reports.

Each one of the domestic violence reports were linked to a domestic violence victim left waiting from 2 to 5 months without hearing anything after calling police reporting misdemeanor domestic violence crimes including assault, theft and restraining order violations.

Torrez went on camera with Channel 13, but only after a week had passed giving him time to clear out the backlog.

District Attorney Raul Torrez explained the stacks of reports were made up of “criminal summons” cases where police did not arrest anyone for various reasons such as suspects had already left the scene of the crime.

Torrez acknowledged that victim advocates before would call people who reported domestic violence cases within 2 weeks compared with an average of 2 months to 5 months because there use to be more investigators and victim advocates working the cases for his office.

Torrez proclaimed on camera:

“Right now, there is no backlog … The question for us, though, is how do we sustain this over the long-run? We obviously have to move faster … It’s obviously disappointing to me to have that kind of delay … Every single case that comes into the office and every single victim of crime in the community deserves to get immediate attention.”

According to Torrez taking quick action on court cases is one of the best ways to deter someone from committing more crimes in the future.

District Attorney Raul Torrez’s explanation for the domestic violence case backlog was revealing when he said:

“We moved some of those resources into the felony side of the office so that we could increase the case speed on those most violent and dangerous offenders”.

Torrez said focusing resources to move fast on the few repeat offenders responsible for the majority of crime is working to drop the overall number of criminal cases in Bernalillo County.

DA Raul Torrez went on to tell News 13 that he has requested another budget increase this year from the 2019 Legislature put in another budget increase for more investigators and victim advocates.

Torrez failed to disclose to Channel 4 that he has 44 fully funded vacancies within his office that he has failed to fill over the past year despite his repeated complaints of lack of staff.

The 44 vacant positions include 11 vacant “at will” attorney positions, 15 classified legal secretary positions and 2 victim/witness positions (victim advocates).

For more on the vacancies and a link to the State’s Sunshine portal listing names, salaries and vacancies see:

https://www.petedinelli.com/2019/02/18/to-deja-vu-da-raul-torrez-dv-cases-should-be-violent-or-dangerous-enough-to-motivate-and-fill-44-vacant-positions/

ONE VERY PETTY BUT REVEALING ACT

Confidential sources within the District Attorney’s Office claim that District Attorney Raul Torrez is aloof with office personnel.

They have also said Torrez is obsessed with his news coverage and how he appears on camera during interviews and press conferences.

Confidential sources within the office complain he wants to make sure every Attorney within the office knows he is the current District Attorney and he is the one in charge, which is normal for any executive, but constantly reminding subordinates is not.

The Bernalillo County District Attorney’s Office was named after Steve Schiff by the Bernalillo County Commission after he passed away after a lengthy battle with cancer.

The outside of the building bears the name “The Steve Schiff Building”.

Over 18 years ago after the dedication of the Bernalillo County District Attorney’s Office, the photos of all the past elected Bernalillo District Attorney’s where found and framed using taxpayer money and the photos were exhibited for historical reasons.

The photos were exhibited in a small room area immediately south of the front desk entry, behind the metal detector screening area.

In the dedication area for the building is a bronze bust of former United States Congressman Steve Schiff who also served as Bernalillo County District Attorney.

An act that was considered by office personnel as sure pettiness and a sign of jealousy was when District Attorney Raul Torrez ordered the removal without any explanation of all the photographs of all past elected District Attorneys that also had their dates of service.

According to sources, dedication plaques to long time serving attorneys for the office who have passed, Deputies Joe Paone and Chris Lackman, have also been removed from conference rooms dedicated to their memory.

COMMENTARY AND ANALYSIS

The publication of both news stories by two separate news stations within a week is an indication that the news media is not as enamored with Torrez as they once were.

At least two news stations are now willing to report on his office management problems without giving him the benefit of the doubt.

In other words, after over two years in office, the honeymoon is over with the news media.

In both news stories, District Attorney Raul Torrez blamed to some extent the lack of resources or lack of personnel for the problems associated with the cases and his office.

This coming from the very District Attorney who last year was given a huge increase in his office budget.

According to the New Mexico State Sunshine Portal, the Bernalillo County District Attorney’s office is fully funded for 319 full time positions with a personnel budget of $14,529,202.

Even though the Bernalillo County District Attorney’s Office has 319 fully funded positions, only 275 are filled with 44 vacant positions listed as not being filled by Raul Torrez.

The budget increase included funding for more staff yet after a full year Torrez still has a major problem filling positions that are vacant.

Torrez is the very same DA who likes to take credit for reduction in crime statistics at functions he speaks at such as the Albuquerque Economic Forum.

Torrez has a bad habit of never taking management responsibility for what happens when cases in his office fall apart, or are dismissed, especially in high profile cases such as the prosecution in the murder case of 10-year-old Victoria Martens.

Within six months after being elected, Torrez had his office prepare a report on the statistics regarding the number of felony cases that were being dismissed by the District Court.

Torrez accused the District Court for being responsible for the rise in Albuquerque crime rates and releasing violent offenders pending trial.

District Attorney Raul Torrez also accused defense attorneys of “gaming the system” in order to get cases dismissed against their clients.

A subsequent report prepared by the District Court revealed that it was actually the District Attorney’s office that was in fact voluntarily dismissing far more felony cases for various reasons, including his office not being prepared for trial, the office’s failure to meet discovery deadlines, and prosecutors failure to turn evidence over to defense counsel as mandated by law and discovery court orders.

You can read a report here:

https://www.petedinelli.com/2017/07/24/courts-knock-district-attorney-off-his-white-horse/

Raul Torrez now probably knows members of his own staff are on to him, do not like his management of the office and they are willing to leak information to the press to force him to be held accountable for his bad management decisions.

All too often elected officials believe the offices they hold means they can do whatever they want, not realizing how short their tenure can be if they are not careful with how they treat people and how they perform in office after elected.

All too often, elected officials quickly find it is easier to run for office than to hold office and make difficult decisions and fall into the trap of governing by campaigning to keep a good image.

If things continue as they are for District Attorney Raul Torrez with more bad stories reflecting poor management of cases on his part, he needs to make sure he gives to his successor a nice photo shot of himself.

His photo can then be exhibited with all the photos of his predecessors he has ordered taken down, if those photos can be found, not destroyed or thrown away by Torrez.

On February 19, 2019, media news outlets reported that the editor and publisher of the weekly newspaper “Democrat-Reporter” in Linden, Alabama called for the Ku Klux Klan “to night ride again” against Democrats who “are plotting to raise taxes” in the state.

Below are the links to 4 separate national media reports:

https://www.cnn.com/2019/02/19/media/alabama-newspaper-klan-trnd/index.html

https://www.washingtonpost.com/nation/2019/02/19/time-ku-klux-klan-night-ride-again-an-alabama-newspaper-editor-wants-bring-back-lynching/?utm_term=.d7144742d505

https://www.nytimes.com/2019/02/19/us/kkk-linden-democrat-reporter.html

https://www.washingtontimes.com/news/2019/feb/19/goodloe-sutton-ala-newspaper-editor-calls-kkk-retu/

The short editorial also proclaims that Democrats are responsible for World War I, World War II, the Korean War, the Vietnam War and war in the Middle East.

Linden is a small town in the county seat of Marengo County, Alabama, with a population of 2,123 according to the 2010 census.

Goodloe Sutton is the editor and publisher of the newspaper and he confirmed to media outlets that he wrote the editorial.

THE EDITORIAL IN FULL

The editorial appeared in print on Valentine’s Day February 14, 2019 and was titled “Klan Needs To Ride Again”.

Following is the full editorial written by and published by Goodloe Sutton:

“ Time for the Ku Klux Klan to night ride again.

Democrats in the Republican Party and Democrats are plotting to raise taxes in Alabama.

They do not understand how to eliminate expenses when money is needed in other areas. This socialist-communist ideology sounds good to the ignorant, the uneducated, and the simple-minded people.

People who do not understand the constitution do not like to be responsible.

Slaves, just freed after the civil war, were not stupid. At times, they borrowed their former master’s robes and horses, and rode through the night to frighten some evil doer. Sometimes they had to kill one or two of them, but so what.

This is the same so what used when Democrats got us into World War I and World War II. Then they got us fighting in North Korea. Next when the industrial northeast wanted more money, they got us in the Vietnam War, and now into the Middle East war.

If you haven’t noticed, they did away with the draft so their sons would not have to go into battle.

Seems like the Klan would be welcome to raid the gated communities up there. They call them compounds now.

Truly they are the ruling class.”

“Democrat-Reporter”, Goodloe Sutton, February 14, 2019.

NO APOLOGIES, MORE HATE, AND CONDEMNATION

Sutton confirmed that he wrote the editorial and went on to make even more inflammatory comments advocating violence in an interview with the Montgomery Advertiser when he said:

“If we could get the Klan to go up there and clean out D.C., we’d all been better off … We’ll get the hemp ropes out, loop them over a tall limb and hang all of them.”

When asked if he felt it was appropriate for the publisher of a newspaper to call for the lynching of Americans, Sutton argued that “socialist-communists aren’t Americans.”

Not surprising, journalist and elected officials expressed outrage and condemned the editorial.

United States Senator Doug Jones, D-Ala., called on Sutton to resign when he tweeted:

“OMG! What rock did this guy crawl out from under? This editorial is absolutely disgusting & he should resign -NOW … I have seen what happens when we stand by while people-especially those with influence – publish racist, hateful views. Words matter. Actions matter. Resign now!”

Chip Brownlee, a journalist for the Alabama Political Reporter told NBC News he is familiar with the Democrat-Reporter.

Brownlee decided to post a picture of the editorial because he “thought other people needed to see it, too” and went on to say:

“As an editor, seeing that type of dangerous language in a newspaper is disturbing. … I think sunlight is the best disinfectant.

LIKE EDITORIAL, TRUMP ENCOURAGES VIOLENCE

Goodloe Sutton proclaims “time for the Ku Klux Klan to night ride again. … We’ll get the hemp ropes out, loop them over a tall limb and hang all of them” when referring to people he does not agree with politically.

President Trump, like editor Goodloe Sutton, advocates violence against those he disagrees with and has when he ran and now that he is President.

On January 23, 2016, Donald Trump said at a rally in Sioux Center that his supporters are so loyal that he would not lose backers even if he were to shoot someone in the middle of downtown Manhattan.

“I could stand in the middle of Fifth Avenue and shoot somebody, okay, and I wouldn’t lose any voters, okay? It’s, like, incredible.”

https://www.nbcnews.com/politics/2016-election/trump-says-he-could-shoot-somebody-still-maintain-support-n502911

On February 21, 2016, Trump told a crowd of his supporters in Cedar Rapids that he would pay their legal fees if they engaged in violence against protesters and said:

“If you see somebody getting ready to throw a tomato, knock the crap out of them, would you? Seriously, OK? Just knock the hell out of them … I promise you I will pay for the legal fees. I promise, I promise.”

http://time.com/4203094/donald-trump-hecklers/

At a Las Vegas campaign rally in March, 2016 Trump said security guards were too gentle with a protester and said “He’s walking out with big high-fives, smiling, laughing. … I’d like to punch him in the face, I’ll tell you.”

In yet another campaign rally in March, 2016 in Warren, Michigan, Trump said of a protester “Get him out. …Try not to hurt him. If you do, I’ll defend you in court. Don’t worry about it.”

In July 2017 during a speech to police officials, Trump encourage law enforcement officials to be more violent in handling arrested offenders when he said:

“When you see these thugs being thrown into the back of a paddy wagon, you just seen them thrown in, rough. I said, ‘Please don’t be too nice … When you guys put somebody in the car and you’re protecting their head you know, the way you put their hand over [their head],” Trump continued, mimicking the motion. Like, don’t hit their head and they’ve just killed somebody, don’t hit their head. … You can take the hand away, OK?’”

On Thursday, October 25, 2018, the very a day after CNN and a number prominent Democrats who have criticized him, including former President Obama, Vice Joe Biden and Hillary Clinton and 10 others, were the targets of a serial pipe bomber, Trump in a TWEET blamed the media for much of the “anger” in society by saying:

“A very big part of the anger we see today in our society is caused by the purposely false and inaccurate reporting of the Mainstream Media that I refer to as Fake News. It has gotten so bad and hateful that it is beyond description. Mainstream Media must clean up its act, FAST!”

LIKE NEWSPAPER EDITOR, TRUMP IS RACIST

Goodloe Sutton calling upon the Klu Klux Klan to act and proclaiming “Slaves … At times, they borrowed their former master’s robes and horses, and rode through the night to frighten some evil doer. Sometimes they had to kill one or two of them, but so what,” is as racist as it gets.

Trump has an extensive history of making racists remarks and taking racist actions that are even worse than the editorial.

President Trump’s racism dates back to 1973 when his housing management company was the target of a Department of Justice (DOJ) Civil Rights Division civil lawsuit over allegations that he and father as real estate developers were keeping black and Puerto Rican people out of their apartments.

For at least eight (8) years, Donald Trump was front and center of the “birther movement” and questioned former President Barack Obama’s American citizenship thereby questioning Obama’s legitimacy as President of the United States.

In 2015 when Donald Trump announced his bid for the presidency, he said “When Mexico sends its people, they’re not sending the best. They’re not sending you, they’re sending people that have lots of problems and they’re bringing those problems with us. They’re bringing drugs. They’re bring crime. They’re rapists… And some, I assume, are good people.”

On January 27, 2017, just seven days after being sworn in as President, Donald Trump signed an executive order halting all refugee admissions and temporarily barring people from seven Muslim-majority countries arguing it was needed to combat terrorism. The move sparked numerous protests and legal challenges.

President Trump during a ceremony in the White House to honor the World War II Navajo Code talkers, one from New Mexico, he took the opportunity to call Massachusetts Senator Elizabeth Warren “Pocahontas”.

In August 2017, after a 20-year-old white man drove his car into a crowd at a white nationalist rally in Charlottesville, Virginia, killing one anti-racist protester and injuring 19 others, President Trump said that there was “blame on both sides” regarding the deadly violence that was instigated by white supremacists.

The New York Times reported in December, 2017 that President Trump said in a June meeting about immigration that Haitians “all have AIDS”, a statement denied by the White House.

On December 24, 2017, The New York Times reported that President Donald Trump described Nigerians as people living in huts and that they would not want to return to them. He reportedly said 40,000 had come from Nigeria and would never “go back to their huts” once they had seen America.

In June, 2018, Trump announce his immigration “no tolerance policy” and his treatment of detaining people seeking asylum and separating children from their parents on the southern border with Mexico.

After the longest government shutdown, Trump declared a “national emergency” to divert millions of dollars to build his border wall after congress refused to fund it, despite declaring that “Mexico will pay for it”.

For more on Trump’s racism see:

https://www.petedinelli.com/2018/06/22/our-racist-in-chief/

COMMENTARY AND ANALYSIS

If there is anyone who is “ignorant, uneducated, and simple-minded” to use the words of editor Goodloe Sutton it is President Donald Trump and Sutton himself.

You can throw in the word racist while your at it.

What is absolutely amazing is that so many national and respected news media outlets such as CNN, the Washington Post, the Wall Street Journal, NBC news, all despised and condemned by Trump, would actually report on a very short, inflammatory and racist editorial in a totally unknown and insignificant weekly newspaper distributed to a community of a little more than 2,000 residents and probably read by even fewer.

The fact that a newspaper editor and publisher would write such an editorial and that media outlets would react to it the way they did reflects the nasty and heighten tensions and the toxic political environment created by President Donald Trump on a national level.

There is no doubt that President Trump promotes hostility, mistrust and violence towards the press as well as his critics with his own words and actions.

Trump has repeatedly labelled the media as “fake news,” even labeling reporters as “enemy of the people”.

A few months ago, Trump told his supporters at one of his many rallies:

“I just cannot state strongly enough how totally dishonest much of the Media is. Truth doesn’t matter to them, they only have their hatred & agenda. This includes fake books, which come out about me all the time, always anonymous sources, and are pure fiction. Enemy of the People!”

The “Democrat-Reporter” editorial and the reaction are a sign of the toxic political times created by a President at war with the media who condemns the media as “enemy of the people” and a President who is a racist.

Freedom of the press and freedom speech does not mean a newspaper nor a President can advocate violence against anyone.

UPDATE: It has been reported that Goodloe Sutton has resigned but is unapologetic for his editorial.

https://www.huffpost.com/entry/goodloe-sutton-alabama-editor-kkk-resigns_n_5c7085cae4b03cfdaa554c22?ncid=engmodushpmg00000003&fbclid=IwAR0aPQ3ISRsCEOhUPxxZg1ns4hyT2ixdQvuarhF_FS_6HDAvuGP5zLs12ek

Democratic Speaker of the House Brian Egolf, D-Santa Fe, told reporters that Democratic Leaders in the state House want to enact laws to make the growing of hemp New Mexico’s next big agricultural cash crop that will boost the state’s economy.

Following are links to two separate stories:

https://www.abqjournal.com/1282262/democrats-promote-hemp-as-part-of-economic-plan.html

https://www.kob.com/politics-news/nm-democrats-propose-bills-to-diversify-states-economy/5250582/?cat=500

The growing of hemp is legal throughout the United States.

According to Speaker Egolf, New Mexico could easily position itself as a national leader in the hemp agricultural industry.

Egolf highlighted House Bill 581, which will establish regulations allowing the manufacture of hemp products in New Mexico.

New Mexico State Representative Derrick Lente, D-Sandia Pueblo, a supporter of the legislation, said hemp as an agricultural cash crop has the potential to immediately rival alfalfa as a cash crop in New Mexico.

According to Lente, New Mexico has the right climate for hemp cultivation and noted “Agriculture is the lifeblood of New Mexico.”

Hemp is a relative of marijuana, but it has none of the chemicals in marijuana that causes people to become high like marijuana.

Hemp grown in New Mexico could easily be sent to in-state manufacturers, who could turn it products such as clothing and CBD oil products.

IMPORTANCE OF AGRICULTURE TO NEW MEXICO

When New Mexico State Representative Derrick Lente, D-Sandia Pueblo, said “Agriculture is the lifeblood of New Mexico” he was not at all kidding.

New Mexico is home to 23,800 farms and 43.9 million acres of farmland.

The states top commodities include beef cattle and calves, pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn.

Agriculture is deeply rooted in New Mexico and in the top 10 of its industries.

Following is a listing of New Mexico’s top 10 agricultural products and what they generate in cash receipts for New Mexico:

1. “According to the New Mexico State University Dairy Extension, just over 77 percent of the milk in New Mexico is produced on the eastern side of the state in Curry, Roosevelt, Chaves, Eddy and Lea counties. Milk and dairy products generated $1.3 billion in cash receipts.”

2. “About 10,000 families across the state raise beef cattle, and New Mexico lays claim to approximately 387,000 beef cows. Cattle and Calves generated $823.8 million in cash receipts.”

3. “New Mexico is second only to Georgia when it comes to pecan production in the U.S., and in 2017, the state’s farmers produced a record-breaking 92 million pounds of pecans. Pecans generated $220.8 million in cash receipts.”

4. “New Mexico is a major alfalfa hay producer, with 190,000 acres of the crop harvested in 2017. A legume hay, alfalfa is an excellent source of good-quality protein, fiber, vitamins and minerals. Hay generated $109 million in cash receipts.”

5. “New Mexico farmers harvested an estimated 7,100 acres of onions in 2017, and the state is one of the largest summer-onion producers in the nation. Onions generated $106.6 million in cash receipts.”

6. “Considered New Mexico’s signature crop, chile peppers have been cultivated in the state’s Rio Grande Valley for four centuries. New Mexico’s warm, dry climate and 350 days of sunshine each year make it an ideal place to grow chile peppers. Chile peppers generated $44.6 million in cash recipes.”

7. “New Mexico is one of 17 states that produce cotton, and production (in bales) ranks the state 16th. The Land of Enchantment’s upland cotton production is largest in Lea, Doña Ana and Eddy counties. Upland cotton generated $31.9 million cash receipts.”

8. “New Mexico farmers planted about 125,000 acres of corn and harvested 43,000 acres of corn for grain in 2017, resulting in a production value of more than $22 million. Corn generated $22.4 million in cash receipts.”

9. “In 2017, farmers across New Mexico harvested 135,000 acres of wheat. Wheat generated $15.7 million in cash receipts.”

10. “Sorghum is an energy-efficient, drought-tolerant crop, perfect for New Mexico’s climate. New Mexico producers planted 85,000 acres in 2017, yielding 187,000 tons. Sorghum brought in $7.65 million in cash receipts.”

Following is the link to source quoted:

https://www.farmflavor.com/new-mexico/new-mexicos-top-agriculture-commodities/

COMMENTARY AND ANALYSIS

A common public misconception is that hemp is somehow a part of marijuana cultivation, which is totally and 100% false.

The fact that legalization of recreational use of marijuana for adults is also being considered by the New Mexico legislature may contribute to the false public perception about hemp.

During past legislative sessions, former State Senator Cisco McSorely was a major sponsor of legislation that would have allowed the growing of hemp in New Mexico.

Two years ago, the legislation past both the Senate and House, but not at all surprising it was vetoed by former Republican Governor “She-Who-Must-Not-Be-Named”.

This year should be the year that the hemp legislation becomes law creating a new cash crop for the New Mexico agricultural industry.

The legislation should pass both the House and Senate because Democrats have sizable majorities in both legislative chambers and it is more likely than not that Democratic Governor Michelle Lujan Grisham will sign it.

New Mexico’s top agricultural crops include pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn and there is no real justifiable reason why hemp should not be allowed and included given its potential in the long run.

STAY TUNED NEW MEXICO