Governor And Legislative Finance Committee Release Competing Budgets For 2022 Legislative Session; Both Budgets Place Emphasis On Public Education, Teacher Pay, State Workers Pay, Public Safety, Cannabis Industry, Film Industry; Cutting Gross Receipts By 0.25% Election Ploy

On January 18, the 2022 New Mexico legislature convenes for its 30 day legislative sessions known as the “short session.” Thirty-day sessions are dedicated to enactment of the annual budget and financial issues with the fiscal yeas beginning on July 1 and ending June 30. The agenda is set by the Governor, it is referred to as the “Governor’s Call”, meaning the Governor dictates was legislation can be considered other than fiscal matters.

PROJECTED WINDFALL

Prior to the beginning of any legislative session, the Governor prepares and releases a proposed budget for the new fiscal year. The New Mexico “Legislative Finance Committee” (LFC) has its own staff and economists, conducts hearing during the year and also prepares a proposed budget before any session begins. Taken together, the Governor’s Budget and the LFC budget provide a road map for compromise and consensus during the legislative’s sessions.

On Friday, August 28, during a Legislative Finance Committee (LFC) meeting it was revealed that the State is experiencing an all-time high windfall of more than nearly $1 billion higher than what was projected in February of 2021. The August estimates released to the legislative committee by executive and legislative economists projected that New Mexico would have nearly $1.4 billion in additional money in the coming year. The $1.4 Billion is the difference between expected revenue and the state’s current $7.4 billion budget. The cause of the windfall is surging oil and natural gas production and a rise in consumer spending.

The new state government income forecast has been revised upward by more than $200 million since August. On December 6, 2021, New Mexico government economists projected a new surge in state income predicting a $1.6 billion surplus in state general fund income in excess of current spending obligations for the fiscal year starting on July 1, 2022.

State Secretary of Taxation and Revenue Clarke said economist have reported New Mexico’s economy has recovered about two-thirds of the jobs that were lost at the outset of the pandemic in 2020 but cautioned:

“We still have a big percentage of our population that is in a difficult financial situation. … We see the stock market doing so well. … I just want us not to forget that there is a whole sector of the economy that has not experienced those gains.”

COMPETTING BUDGETS RELEASED

On Thursday, January 6, 2022, Governor Michell Lujan Grisham and the Legislative Finance Committee released their separate competing state budgets for the 2022-2223 fiscal year. With the projected $1.6 Billion projected windfall, both of the proposed budgets increase total budgetary spending to $8.4 billion and provides 7% salary increases for teachers and state employees. In the Governor’s proposed budget of $8.4 billion, education accounts for more than half of it at $4.8 billion.

In addition to funding the states essential services, both the Governor’s and the LFC proposed budgets call for upwards of $2.6 billion, which is 30% of state spending, to remain in cash reserves in case projected revenue levels don’t materialize. The reason for setting aside so much in cash reserves is due to a 2017 law that has bolstered New Mexico’s “rainy day” fund by taking a certain percentage of oil and gas tax revenue in cash-flush years and setting it aside for future use, which has now paid off significantly.

Both budget proposals call for significant overall spending hikes. The governor’s proposed budget increase spending levels by $998 million or by 13.4% over current spending. The Legislative Finance Committee’s plan increases spending by more than $1 billion, or by 14%.

The $8.5 Billion budget is the largest budget ever proposed in state history. Both budgets increase government spending levels by upwards of $1 billion over the fiscal year that ends June 30. Both plans represent nearly a 50% state spending growth over the last 10 years.

Both budget plans provide more money to hire additional law enforcement officers, reduce a waiting list for a state program for individuals with developmental disabilities and expand early literacy initiatives. Other increases in funding will target replacing one-time funding for Medicaid spending that will expire in April 1, 2022.

COMPARING THE BUDGETS

Budget plans by the Legislative Finance Committee and the Governor’s Office are similar in many ways but do contain some major differences. Those similarities and differences are as follows:

HIGHER PAY FOR PUBLIC SCHOOL TEACHERS

Under Governor MLG’s proposed budget, upwards of $277 million will go toward raising starting teacher pay in New Mexico to $50,000 annually. Education personnel would see a 7% increase in salaries. The minimum pay levels for more experienced educators would be raised and the Governor’s budget also provides salary increases for teachers and school administrators Teachers in the three-tier system would see a 20% bump, earning $50,000, $60,000, and $70,000 in base salaries

The LFC proposed budget sets starting teacher pay at $1,000 more at $51,000 per year but the $1,000 in additional teacher pay would be for a longer school year.
The Governor’s spokesperson Nora Meyers Sackett said the new salaried will be the highest teacher salaries of any neighboring states and said:

“… [I’ts] really important to both focus on attracting new excited New Mexico students to the profession, attracting teachers to New Mexico and retaining the wonderful hardworking qualified teachers we have in our schools right now.”

Meyers Sackett said teachers have told the Lujan Grisham Administration the new funding will help teachers make new decisions in their life and she said:

“… they love teaching! They want to do it! They love the impact they make but they just want to be able to get by a little better.”

Ellen Bernstein, Albuquerque Teachers’ Federation president, had this to say about the efforts to keep more teachers by increasing pay:

“I think it’s a great start and I think we need to pay attention to that because we have massive shortages … We are down over 1,000 teachers statewide and it’s getting worse every day. … We need to have respect and respect is shown in many ways and a decent salary is one. … We need to recruit people into the profession which means it needs to be a respected profession and we need to retain the people we have.”

Bernstein also said she would like to see a higher raise for school staff, like bus drivers, counselors, and cafeteria workers.

In addition to the $200 million for raises, Governor MLG proposed budget includes $195 million to expand Pre-K capacity, $86 million to make tuition free college available to more New Mexicans, $11 million for early literacy programs for k-12 students, and upwards of $10 million to help teachers pay for college.

TEACHER SHORTAGE CRISIS NOTED

On October 9, 2021, according to a report by New Mexico State University’s Southwest Outreach Academic Research Evaluation and Policy Center, the number of teacher vacancies throughout the state has nearly doubled in the last year. The report found that the number of teacher vacancies rose from 571 in 2020, to 1,048 in 2021. According to data latest year, there was an 84% increase in total teachers needed in 2021. The report also noted that the areas with the highest number of teacher vacancies are special education and elementary education, which were also the top areas in the prior two reports.

https://www.koat.com/article/new-mexico-teacher-vacancies-nearly-double-for-2021-according-to-new-report-by-nmsu/37913953#

It was been reported in September that the Albuquerque Public Schools is having difficulty filling hundreds of jobs. APS has over 300 open positions including:

• 83 elementary school teacher positions
• 48 middle school teacher positions
• 27 high school teacher positions
• 158 special education teacher positions.

In September, 2021, APS reported it had 650 substitute teachers they said they could use another 500 more substitute teachers.

In September it was also reported Rio Rancho Public Schools had less than 100 positions from teachers to educational assistants. They typically have around 300 active substitutes right and in September they reported having 210.

https://www.koat.com/article/budget-newmexico-state-education-spending/38689658
The link to quoted news source material is here:

https://www.koat.com/article/budget-newmexico-state-education-spending/38689658

HIGHER PAY FOR STATE WORKERS

Under the LFC’s proposed budget, state workers would be given a 3% salary increases in April followed by an additional 4% pay raise starting in June. The governor’s budget plan earmarks enough funding to boost state worker pay enough to establish a $15 minimum wage for state employees. On January 6, 2022, Governor MLG’s Fiscal Year 2023 Executive Budget summary states that $52.4 million was being set aside for the raises.

https://www.governor.state.nm.us/2022/01/06/gov-lujan-grisham-releases-fy23-executive-budget-recommendation/

PUBLIC SCHOOLS PROPOSED BUDGETS

The LFC is proposing a $3.82 billion total budget reflecting a 12% increase.
Governor MLG is proposing a $3.8 billion total budget reflecting an 11.5% increase.

The LFC proposed budget would require all New Mexico schools to provide an additional 10 instructional days during the coming year, though districts would have some flexibility in how to implement the mandate. The governor’s proposed budget provides additional funding for extended learning in an attempt to address academic losses during the COVID-19 pandemic, but allows districts to decide whether to seek out the funding and participate.

Under the LFC proposed budget, spending increases in education are targeted at restoring public services impacted by the COVID-19 pandemic, including training new teachers and trying to keep more educators from leaving amid a recent 40% jump in teacher retirements.

REVISITING LANDMARK EDUCATION CASE YAZZIE V. STATE OF NEW MEXICO AND MARTINEZ

Given the magnitude of the increase public education, a reminder of the reason for it is necessary.

On Friday, July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled in the case of Yazzie v. State of New Mexico and Republican Governor Suzanna Martinez that the state of New Mexico was violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. In a 75-page decision, the court rejected arguments by Governor Susana Martinez’s administration that the education system is improving and for that reason it does not need more funding.

The Court found that the New Mexico Public Education Department (PED) did not do the best it could with the funding it has given by the legislature to the education system. The Court ruling centered on the guaranteed right under the New Mexico Constitution to a sufficient education for all children. The lawsuit alleged a severe lack of state funding, resources and services to help students, particularly children from low-income families, students of color, including Native Americans, English-language learners and students with disabilities.

In her blistering written opinion, Judge Singleton wrote:

“[The evidence presented at trial] proves that the vast majority of New Mexico’s at-risk children finish each school year without the basic literacy and math skills needed to pursue post-secondary education or a career. … Indeed, overall New Mexico children rank at the very bottom in the country for educational achievement. … The at-risk students are still not attaining proficiency at the rate of non-at-risk students … and the programs being lauded by [the Public Education Department] are not changing this picture.”

According to the judge’s ruling, in New Mexico, at the time, 71.6% of the state’s public school students come from low-income families, and 14.4% are English-language learners. Further, 14.8 percent of students have disabilities, and 10.6 percent are Native American. Judge Singleton addressing proficiency rates for Native American students said that in the previous 3 years, those students’ reading proficiency was at 17.6% and their math proficiency was at 10.4%.

Randi Weingarten, president of the American Federation of Teachers, provided the following statement after the court ruling:

“This ruling confirms what parents and educators know—that New Mexico children are deprived of the essential resources, including qualified teachers and support staff, they need. This deprivation is especially severe for those at risk and in need of additional supports—English language learners, Native American students and those in poverty. The ruling also calls out the governor’s obsession with testing over teaching.”

“In New Mexico, it would take $228 million to get public school funding to what it was before the Great Recession, and average teacher pay in the state is nearly 10 percent lower than what it was in 2009. We call on the state to use this ruling as a long-overdue opportunity to overhaul its broken school funding system to ensure all New Mexico children are afforded the public education they deserve and are entitled to. … “

https://www.kob.com/albuquerque-news/judge-rules-lack-of-sufficient-education-for-all-nm-students-violates-constitutional-rights/4997869/?cat=500

The ultimate result of the court ruling is that the State has been ordered to increase funding to public school educations by millions. The Department of Education is till struggling to implement a plan to improve the education system with the case still pending.

https://www.abqjournal.com/1200069/questions-surround-ruling-on-nm-education-funding.html

HIGHER EDUCATION PROPOSED BUDGETS

The LFC is proposing a $935.5 million budget reflecting a 4.6% increase.
Governor MLG is proposing a $1 billion budget reflecting a 13% increase.

The governor’s proposed budget appropriates $85 million for an “opportunity scholarship program” to cover tuition costs for an additional 22,000 New Mexicans attending higher education institutions. Lawmakers have criticized the program because it is not based on financial need. The LFC’s proposed budget provides only half that much money for the scholarship program.

DEPARTMENT OF PUBLIC SAFETY PROPOSED BUDGETS

The LFC is proposing a $143.7 million budget reflecting a 10.8% increase.

Governor MLG is proposing a $139.8 million budget reflecting a 7.8% increase.

The LFC proposed state funding cuts for the Corrections Department by about $1.6 million as a result of the recent drop in New Mexico’s prison inmate population. The governor proposed spending plan slightly increases funding for the agency.

The Governor’s proposed budget provides funding for the Department of Public Safety to add 100 state police officers to its ranks. According to the Governor’s office, the increase of a little over $10 million would be enough to fill every current officer vacancy. According to the LFC, even without the additional funding, the department is projected to add 57 officers.

According to the LFC, the Department of Public Safety requested an additional $29.4 million beyond last year’s funding,. The department intends much of the funds to go to increasing pay and expanding training. The LFC proposed budget has funding for only a $12.8 million increase, $2 million of which would go to expanded training. The LFC predicts that such funding would allow the department to add 79 officers.

Charles Sallee, the Deputy Director for Budget at the LFC, had this to say:

“Rather than fund positions that are unlikely to be filled because the economy is at near full employment. . . the LFC recommendation prioritizes both across-the-board pay increases, as well as targeted increases for hard-to-staff positions, like state police officers.”

The LFC is recommending adding fewer new staff than the Governor recommends.

The link to quoted news source material is here:

https://www.krqe.com/plus/data-reporting/new-mexico-governor-seeks-13-budget-increase/

Under the Governor’s released Fiscal Year 2023 executive budget recommendations, $100 million was earmarked for a new fund to recruit, hire and retain 100 law enforcement officers and staff around the state and $14.6M to provide raises and longevity pay to New Mexico State Police officers. Further, $18.2 million is earmarked for local fire departments to purchase equipment, boost recruitment and upgrade facilities

https://www.governor.state.nm.us/2022/01/06/gov-lujan-grisham-releases-fy23-executive-budget-recommendation/

FUNDING TO REGULATE NEW CANNABIS INDUSTRY

Legalization of recreational cannabis in the state occurred last year. Both the Governor’s and the LFC’s proposed budgets proposals allocate funding for the newly created Cannabis Control Division (CCD) that will oversee and regulate the state’s recreational and medical cannibus industry. Both budgets aim to provide staffing to the CCD.

The CCD has asked for 69 additional employees. The LFC recommends only funding 19. The governor’s proposal provides funding for 35 new staff within the department.

The staffing increases would double the current number of full-time staff at the CCD. Victor Reyes, the deputy superintendent at the New Mexico Regulation & Licensing Department, which oversees the CCD, says that additional funding will help the state regulatory department better serve customers and business owners within the cannabis industry. Reyes had this to say:

“Now that we’ve established our rulemaking process and we’ve begun the infrastructure for licensing, we need to have additional staff members to better serve the public [and] make sure that we are making customer service a priority. … “We know that both the executive and the legislative branches of government are committed to the success of this program. That’s why they passed this law. That’s why they gave us that initial support that we needed to be successful.”

The link to quoted news source material is here:

https://www.krqe.com/plus/data-reporting/new-mexico-governor-seeks-13-budget-increase/

FILM INDUSTRY FUNDING

“With the expansion of Netflix in New Mexico and more than $2 billion spent in the state, New Mexico’s film industry seems to be one that’s continuing to grow. But the COVID-19 pandemic also hit the industry hard.

The governor’s budget proposal aims to create a “Media Academy” that would help local students enter the film industry. The idea is not to make a new school, but to use $50 million in funding to support film-focused higher education in the state. The end goal, according to the budget recommendation, is to enroll 1,000 students each year in film-focused training.

In addition, the governor’s budget recommendation would add over half a million dollars to the New Mexico Film Office’s budget. That organization is in charge of making New Mexico attractive to would-be production companies. The LFC budget recommends not providing additional funding to the film program in the fiscal year 2023.”

The link to quoted news source material is here:

https://www.krqe.com/plus/data-reporting/new-mexico-governor-seeks-13-budget-increase/

REACTION TO RELEASED BUDGETS

Governor MLG had this to say in a statement:

“These are investments that take us beyond the status quo, beyond decades of unnecessary austerity – these are investments that carry our state and its people into a future that lifts up every New Mexican.”

Democratic leadership lawmakers said the spending increase, although high, are still financially prudent. Both the Governor’s and the LFC proposed budgets call for upwards of $2.6 billion, which is 30% of state spending, to remain in cash reserves in case projected revenue levels don’t materialize.

State Rep. Patricia Lundstrom, D-Gallup, the LFC’s chairwoman said:

“At this point, we feel it’s just right [to increase spending].

Senate Finance Committee Chairman George Muñoz, D-Gallup stated:

“New Mexico has the opportunity for generational change with the amount of money we have.”

Conservative Republican House Minority Leader James Townsend, R-Artesia, not at all surprisingly rebuked the governor’s proposed budget. In a prepared statement, Townsend said, in part:

“What usually gets lost in the Governor joyously announcing she is handing out cash to anyone and everyone during an election year, is that this money comes from the oil and gas industry that she, her out-of-state donors, and many progressive legislators want to shut down. … I think every one of us should be concerned about the sustainability of these spending levels.”

https://www.krqe.com/plus/data-reporting/new-mexico-governor-seeks-13-budget-increase/

Townsend added that some of the state’s revenue bonanza should be used to lower tax rates on senior citizens and veterans.

The windfall in revenues could allow for a cut in tax rates or rebates for taxpayers, though such proposals would have to be approved in separate bills.

In addition to state funds, lawmakers also have roughly $728 million in federal pandemic relief funds that New Mexico received last year but has not yet allocated.

https://www.abqjournal.com/2459383/governor-key-legislative-panel-roll-out-8-4-billion-spending-plans.html

GOVERNOR’S PLAN TO CUT GROSS RECEIPTS TAXES

On Nov 17, 2021, Gov. Michelle Lujan Grisham announced that she would pursue a statewide cut in gross receipts taxes. It would be the first in decades and was part of her signature legislative agenda items for the upcoming 2022 session. According to the Governor’s office at the time it was announce, it will save New Mexico families and businesses an estimated $145 million annually, or about $1.5 billion over 10 years.

The governor’s initiative will comprise a statewide 0.25% reduction in the gross receipts tax rate, lowering the statewide rate to 4.875% . This would be the first change in the statewide gross receipts tax rate since July of 2010, when the rate increased from 5% to its current 5.125 percent. According to the Taxation and Revenue Department, New Mexico has not decreased its statewide gross receipts tax rate since 1981, making the governor’s proposed cut, when enacted, a first in 40 years.

The tax cut, if successful, would reduce by one-quarter of a percentage point off the statewide rate, or enough to save a family 25 cents on a $100 purchase.

New Mexico’s gross receipts tax is similar to a sales tax but also applied to the sale of services, not just goods. The gross receipts tax has been a focus of debate for decades. The tax is problematic for small businesses, experts say, because they must pay it when hiring outside help for accounting, legal or other services a cost that builds on itself with each transaction, eventually passed on to the consumer.

Republican State Senator William Sharer, R-Farmington and Rep. Jason Harper, R-Rio Rancho, have repeatedly proposed overhauling the gross receipts tax code and reducing the rate. Sharer said the governor’s proposal was too small to make a real difference and said:

“While it may be a step in the right direction … it’s not tax reform. … [It] doesn’t amount to anything but a talking point.”

https://www.governor.state.nm.us/2021/11/17/governor-announces-plan-to-cut-gross-receipts-taxes/

https://www.krqe.com/news/politics-government/gov-lujan-grisham-announces-proposal-to-cut-gross-receipts-taxes/

https://www.abqjournal.com/2446857/lujan-grisham-to-propose-gross-receipts-tax-cut.html

COMMENTARY AND ANALYSIS

The Governors’ proposal of statewide 0.25% reduction in the gross receipts tax rate appears to be more of an election year ploy to garner favor with the anti-tax crowed. The tax cut if successful, would reduce by one-quarter of a percentage point off the statewide rate, or enough to save a family 25 cents on a $100 purchase. What the state really needs is real tax reform and not a talking point. To that end, the tax cut should be abandoned for the 2022 thirty day session.

The emphasis of increasing funding for education should come as absolutely no supervise to anyone. Both the Governor and the Legislature have no choice because of the landmark case of YAZZIE V. STATE OF NEW MEXICO AND MARTINEZ. The state’s education department is still operating under a district court mandate to increase funding after the ruling from 3 years ago found that the state was failing badly to provide and education to students.

Now that both the governor and the LFC have released their individual proposed budgets before the 2022 session, the hard part begins ironing out the differences. Both Senate and House committees will analyze, discuss, debate and modify the bill before both the House and Senate vote on the adjusted version and enact what is the General Appropriations Act. Once it’s approved by a majority vote, it heads to the governor’s desk for a final signature. However, the Governor still has line-item veto power over the bill.

Notwithstanding the debate and compromising that remains, the 2022 legislative session will be far easier than the past few sessions that required dramatic budget cuts and a special session. With the availability of $1.6 Billion in new revenue, there should be very little problem.

Some critics and political pundits are saying that the budgets do not go far enough to fully utilize the the state’s windfall to make transformative changes and investment. Such arguments reflect a certain level of ignorance of the state budget process. Both of the proposed budgets are the operating budgets for government. The appropriate concentration should should be for now to maintain funding for basic government services. Once the operating budget is resolved, there is ample time to address transformative infrastructure projects and programs. More importantly there will be money to to just that.

Transformative programs and projects should include more funding for mental health care services, drug addiction and intervention programs, and funding for programs to help the homeless including funding to complete Albuquerque’s GATEWAY facility for the homeless. Additional funding and changes in the laws to help local law enforcement deal with the states spiking crime rates could be added. There should be enough also for major infrastructure and capital outlay projects such as funding for a new soccer stadium and building a multi purpose venue to replace the aging Tingly Coliseum.

With $3.7 billion In Federal Infrastructure Investments and Jobs Act Funding, the allocation of $478 million in federal pandemic aid out of $1.1 Billion in pandemic relief and the $1.6 billion of projected windfall from oil an gas revenues, the state’ s decades long financial woes may finally be coming to an end. The next 4 years of government expenditure of billions may prove to be a once in a lifetime opportunity to diversify the state’s economy.

The link to a related blog article is here:

Governor Lujan Grisham Delivers On $478 Million In Pandemic Relief; $3.7 Billion In Federal Infrastructure Investments And State’s $1.6 Billion Surplus Once In A Lifetime Opportunity For Governor Running For Second Term; Concrete Results Versus Republican Smear Tactics

USA Today: Debunking False Narratives About January 6 Capitol Riot; Ample Evidence Fraud Did Not Affect Election Outcome; Republicans Buy The Big Lie

On January 4, 2021, the national news agency USA Today posted a story written by its reporter McKenzie Sadeghi with contributing reporters Camille Caldera, Devon Link, Ella Lee, Daniel Funke, Chelsey Cox, Rick Rouan, Nayeli Lomeli, Madeleine Ngo entitled “Fact check roundup: Debunking false narratives about the Jan. 6 Capitol riot”.

On January 6, USA TODAY published a second article entitled “Fact check: How we know the 2020 election results were legitimate, not ‘rigged’ as Donald Trump claims” written by reporter Daniel Funke.

Both articles are well researched and well written. When read together with minor edits, the articles provide insightful information on the January 6, 2021 capital riot as well as Trumps false claims relating to the November 4, 2020 presidential election.

USA TODAY JANUARY 4, 2021 ARTICLE

EDITOR’S NOTE: The article has been edited for clarification to the extent of bolding titles, adding “USA TODAY RATING” and deleting “Read More” reference links.

“It has been almost one year since a mob supporting now-former President Donald Trump – fueled by baseless voter fraud claims – stormed the U.S. Capitol on Jan. 6 in an attempt to overturn the 2020 presidential election results.

The attack led to deaths, injuries and more than 700 arrests, and it temporarily halted Congress’ certification of President Joe Biden’s Electoral College win. In the following months, a flurry of falsehoods and conspiracy theories about the riot were promoted online, where debunked claims continue to circulate.

With the first anniversary of the Capitol riot approaching, here’s a roundup of USA TODAY’s fact checks relating to the insurrection that touch on election misinformation, House Speaker Nancy Pelosi’s role in the attack, misleading images and videos, claims about politicians, comparisons to past demonstrations and even false claims that reports predicted the attack.

2020 ELECTION MISINFORMATION

Capitol rioters charged in the Jan. 6 attack have cited the baseless narrative that the 2020 presidential election was stolen by Democrats. The myth was promoted by Trump, his closest allies and conservative media personalities, all of whom relied on false claims about election technology, vote counting, mail-in ballots and voter turnout.

Biden legally won the presidential race by more than 7 million votes, and his victory was certified by the Electoral College. Hand recounts and independent audits across the country did not change the election’s outcome and failed to turn up any evidence of widespread wrongdoing by poll workers or voters. But that still didn’t stop people from claiming otherwise.

THE CLAIM: JOE BIDEN DID NOT LEGALLY WIN THE PRESIDENTIAL ELECTION
USA TODAY RATING: False

Biden received 81 million votes and Trump received 74 million votes. A candidate must secure 270 electoral votes to be elected, and Biden won 306 votes to Trump’s 232. There has been no evidence of widespread voter fraud in Biden’s favor, and courts have dismissed dozens of lawsuits in battleground states challenging the election results.

THE CLAIM: DOMINION VOTING SYSTEMS DELETED VOTES FOR TRUMP, SWITCHED VOTES TO BIDEN
USA TODAY RATING: False

There is no evidence Dominion, a private company supplying voting systems in 28 states, deleted or changed votes in the 2020 election, according to a national coalition and election law experts. A few counties experienced minor technology issues on Election Day, but the errors did not affect the vote counts.

THE CLAIM: SEVERAL KEY STATES HAD MORE BALLOTS CAST THAN REGISTERED VOTERS
USA TODAY RATING: False

Data and individual state reporting reviewed by USA TODAY shows no state in the U.S. had more than 100% voter turnout in the 2020 election. Posts claiming differently are using improper data sets or flawed data analysis techniques. Read more

THE CLAIM: NEVADA’S PRESIDENTIAL ELECTION INCLUDED DUPLICATE VOTING, DEAD VOTERS, FAKE ADDRESSES, NONCITIZENS VOTING AND OUT OF STATE VOTERS
USA TODAY RATING: False

Claims about widespread voter fraud in Nevada’s 2020 election stem from a failed lawsuit, and a district court concluded that no illegal votes were cast and counted. Biden won Nevada’s six electoral votes.

THE CLAIM: AN AUDIT ‘CONCLUSIVELY SHOWS’ VOTER FRAUD AFFECTED ARIZONA’S ELECTION OUTCOME
USA TODAY RATING: False

An audit of Arizona’s 2020 election results conducted by cybersecurity firm Cyber Ninjas did not surface any evidence of widespread voter fraud that changed the election’s outcome. The review, along with other hand recounts, confirmed Biden won Maricopa County.

THE CLAIM: AN INVESTIGATION FOUND MORE ‘ILLEGAL VOTES’ CAST IN WISCONSIN IN 2020 THAN JOE BIDEN’S MARGIN OF VICTORY
USA TODAY RATING: False

A report from the Wisconsin Institute for Law & Liberty investigating the integrity of the 2020 election found no evidence of widespread fraud, and the group’s findings were misstated online. A hand recount, audit and lawsuits confirmed Biden’s victory in Wisconsin.

Here are more fact-checks analyzing what’s true and false about the 2020 election and voting by mail.

THE NATURE OF THE RIOT

Just hours after rioters breached the Capitol, misinformation about what happened spread rapidly on social media, and a false narrative blaming anti-fascist activists for inciting the violence made its way to the House floor that same evening. Many such claims circulated throughout 2021.

THE CLAIM: A FACIAL RECOGNITION FIRM CLAIMED ANTIFA INFILTRATED PRO-TRUMP RIOTERS AT THE CAPITOL
USA TODAY RATING: False

Claims that members of Antifa disguised as Trump supporters orchestrated the insurrection are baseless and stem from a rumor that a facial recognition company identified left-wing activists among the rioters. The technology firm mentioned in the claims refuted the story, and there is no evidence Antifa was responsible for the attack.

THE CLAIM: THE SHIRTLESS MAN PICTURED IN THE CAPITOL BREACH IS WITH ANTIFA AND BLACK LIVES MATTER
USA TODAY RATING: False

Jake Angeli, a man who was pictured at the Capitol shirtless wearing a fur hat with horns, is a well-known Trump and QAnon supporter – he is not tied to Black Lives Matter or Antifa. The claim is part of the false larger conspiracy theory that Trump’s supporters were not actually behind the riot.

THE CLAIM: A “KNOWN ANTIFA MEMBER” WAS PAID $70,000 FOR HIS VIDEO OF THE RIOT
USA TODAY RATING: Partly false

News outlets paid Utah activist John Sullivan roughly $90,000 for video footage he captured during the Capitol riot, but he is not linked to any anti-fascist groups and has denied being associated with the movement.

THE CLAIM: FBI OPERATIVES ORGANIZED THE ATTACK ON THE U.S. CAPITOL
USA TODAY RATING: False

There’s no evidence “unindicted co-conspirators” listed in federal charging documents related to the Jan. 6 attack are undercover FBI agents or federal informants. Legal experts say the term can’t be used to describe undercover government operatives. Rioters have been identified by authorities as Trump supporters, conspiracy theorists and members of far-right groups.

THE CLAIM: CNN EMPLOYEES TOOK PART IN THE RIOT
USA TODAY RATING: False

Posts claiming CNN employees were among the Capitol rioters are unfounded. Jade Sacker, mentioned in the claims, is a freelance journalist and has never worked for the cable news outlet. Read more

THE CLAIM: A MAN DIED FROM A HEART ATTACK AFTER ACCIDENTALLY USING A STUN GUN ON HIMSELF AT THE CAPITOL RIOT
USA TODAY RATING: False

Kevin Greeson of Alabama died on the Capitol grounds after a heart attack, and his wife told USA TODAY he had a history of high blood pressure. He did not accidentally stun himself.

THE CLAIM: THE FBI TOLD A SENATE COMMITTEE THAT THE FBI DID NOT RECOVER ANY GUNS AT THE RIOT
USA TODAY RATING: Missing context

Jill Sanborn, assistant director of the FBI’s counterterrorism division, said the FBI did not recover any firearms at the Capitol riot. But she also noted that she cannot speak for other law enforcement agencies. The Department of Justice charged rioters with bringing firearms to the Capitol grounds.

NANCY PELOSI’S ROLE

Social media users have tried to shift blame by spreading false claims about Pelosi in the wake of the Capitol attack.

THE CLAIM: PELOSI REJECTED TRUMP’S REQUEST FOR 10,000 NATIONAL GUARD TROOPS TO BE DEPLOYED BEFORE JAN. 6
USA TODAY RATING: False

Trump’s claim that Pelosi blocked his formal request for 10,000 National Guard troops ahead of the “Stop the Steal” rally is false. The Pentagon said there is no record of the request, and Pelosi’s office said she was not contacted about deploying the National Guard. Testimony and a Department of Defense memo about Jan. 6 also confirms that.

THE CLAIM: NANCY PELOSI WAS IN CHARGE OF CAPITOL POLICE ON JAN. 6
USA TODAY RATING: False

Pelosi was not in charge of the Capitol Police at the time of the riot. The agency is overseen by the Capitol Police Board, which is made up of the House and Senate sergeants-at-arms and the Capitol architect.

THE CLAIM: NANCY PELOSI REFUSES TO TAKE RESPONSIBILITY FOR CAUSING THE INSURRECTION
USA TODAY RATING: False

… Pelosi wasn’t responsible. Capitol Police told USA TODAY that committees from the House and Senate and a Capitol Police Board are responsible for overseeing operations, not Pelosi.

THE CLAIM: PELOSI WON’T LET CAPITOL POLICE TESTIFY ABOUT WHAT HAPPENED ON JAN. 6
USA TODAY RATING: False

The claim that Pelosi is blocking testimony is a reversal of what actually happened. Republican lawmakers tried to stop a hearing from taking place, while Democrats pushed for one.

THE CLAIM: SPECIAL FORCES TOOK NANCY PELOSI’S LAPTOP DURING THE RIOT
USA TODAY RATING: False

A laptop belonging to the House speaker’s office was stolen by pro-Trump rioters, not special forces.

MISLEADING IMAGES AND VIDEOS

Photos and videos of the Capitol riot went viral online. But in many cases, the footage was doctored, outdated or unrelated to Jan. 6.

THE CLAIM: POLICE OFFICER IS THE MAN WHO CARRIED A CONFEDERATE FLAG DURING THE CAPITOL RIOT
USA TODAY RATING: False

An image purporting to show a police officer carrying a Confederate flag during the attack is false. The man in the photo was identified by the FBI as Kevin Seefried, who was charged in connection with the riot. He is not a police officer.

THE CLAIM: CAPITOL WORKERS THREW AWAY AN AMERICAN FLAG AS THEY PREPARED FOR THE TRANSITION OF POWER
USA TODAY RATING: Missing context

Capitol employees did not throw out an American flag in preparation for Biden’s inauguration. The photo was captured in the aftermath of the riot.

THE CLAIM: VIDEO SHOWS TRUMP FAMILY CELEBRATING THE RIOT FROM A NEARBY TENT
USA TODAY RATING: False

Days after the riot, a video went viral purporting to show the Trump family celebrating amid the attack. But monitors seen in the clip as well as a timeline of the events on Jan. 6 prove the video was captured before Trump’s supporters stormed the Capitol.

THE CLAIM: CHUCK NORRIS WAS AT THE CAPITOL RIOT
USA TODAY RATING: False

Martial artist and actor Chuck Norris did not take part in the riot. His manager told USA TODAY he was on his ranch in Texas on Jan. 6 and confirmed that a photo on social media of a man resembling Norris is not actually him.

THE CLAIM: IMAGES SHOW PRO-TRUMP RALLY IN WASHINGTON, D.C., IN JANUARY
USA TODAY RATING: False

Photos of crowds at the 2018 March for Our Lives rally and 2017 Women’s March were passed off on social media as pro-Trump demonstrations on Jan. 6.

THE CLAIM: IMAGE SHOWS A CARAVAN OF TRUMP SUPPORTERS TRAVELING TO WASHINGTON
USA TODAY RATING: False

A photo purporting to show dozens of vehicles heading to Washington to protest the presidential election results on Jan. 6 was actually taken in San Francisco at a pro-Trump truck rally in October 2020.

THE CLAIM: A VIRAL VIDEO SHOWS A MAN SCREAMING ABOUT BEING PLACED ON THE NO-FLY LIST BECAUSE OF THE RIOT AT THE CAPITOL
USA TODAY RATING: False

A video shows a man being asked to leave an American Airlines flight for a mask violation, not for being placed on the no-fly list because of the Capitol riot.

THE CLAIM: DEMONSTRATORS ERECTED A CROSS IN FRONT OF THE CAPITOL
USA TODAY RATING: Missing context

A photo shows pro-Trump demonstrators erected a cross in front of the Michigan Capitol in Lansing, not in Washington.

THE CLAIM: THE INSURRECTION WAS AN EVENT HOSTED BY THE STANFORD FEDERALIST SOCIETY
USA TODAY RATING: Satire

An image of an event flyer claiming the Capitol riot took place during a student-run Stanford Federalist Society meeting with guest speakers Sen. Josh Hawley, R-Mo., and Texas Attorney General Ken Paxton is fake.

CLAIMS ABOUT POLITICIANS

A number of hoaxes concerning the whereabouts of politicians during the Capitol riot and their responses circulated online after the insurrection.

THE CLAIM: ACTING PARDON ATTORNEY ROSALIND SARGENT-BURNS SAID TRUMP WAS “STRONGLY CONSIDERING” PARDONING CAPITOL RIOTERS
USA TODAY RATING: False

Trump didn’t pardon Capitol rioters during his final days in office. At the time, the Justice Department issued a statement saying it was not involved in efforts to pardon people involved with “the heinous acts” that took place at the Capitol.

THE CLAIM: REP. LAUREN BOEBERT TOOK A PHOTO WITH RIOTERS BEFORE A TOUR OF CAPITOL ON JAN. 5
USA TODAY RATING: False

An image claiming to show Rep. Lauren Boebert, R-Colo., with rioters at the Capitol a day before the attack was actually captured in December 2019 at the Colorado State Capitol in Denver. She was posing with members of several pro-Trump groups.

THE CLAIM: REP. ALEXANDRIA OCASIO-CORTEZ TWEETED THAT CAPITOL RIOTERS STOLE HER SHOES
USA TODAY RATING: False

Rep. Alexandria Ocasio-Cortez, D-N.Y., never said Capitol rioters stole her shoes. The congresswoman’s office told USA TODAY the tweet is fake, and no shoes were taken during the attack.

THE CLAIM: MITCH MCCONNELL SAID TRUMP WAS “PRACTICALLY AND MORALLY RESPONSIBLE” FOR THE CAPITOL RIOT AFTER VOTING TO ACQUIT HIM AFTER TRUMP’S IMPEACHMENT
USA TODAY RATING: True

Senate Minority Leader Mitch McConnell, R-Ky., voted to acquit Trump of inciting the Capitol riot during an impeachment trial but said during a speech on the Senate floor that the former president was “practically and morally responsible.” He said he believed it was unconstitutional to convict Trump during an impeachment proceeding after he had already left office.

THE CLAIM: VICE PRESIDENT MIKE PENCE WAS ARRESTED ON JAN. 6
USA TODAY RATING: False

Then-Vice President Mike Pence was not arrested on Jan. 6. He and other officials were taken to a secure location, and his spokesperson said Pence never left the Capitol during the riot.

THE CLAIM: LAUREN BOEBERT DISCLOSED NANCY PELOSI’S LOCATION DURING INSURRECTION, LED TOUR BEFOREHAND, REFERENCED 1776
USA TODAY RATING: Partly false

During the Capitol riot, Boebert tweeted that Pelosi left the House chamber, but she did not say where Pelosi went. It’s true Boebert was seen giving a tour of the Capitol before the insurrection and compared it to 1776.

THE CLAIM: DEMOCRATIC LEADERS IN THE HOUSE AND SENATE CALLED FOR VIOLENCE DURING BLM PROTESTS
USA TODAY RATING: Missing context

Posts accusing several Democratic leaders of hypocrisy for supporting violent Black Lives Matter demonstrations but condemning the Capitol riot are misleading. The quotes included in the meme were taken out of context and made before the summer 2020 protests against racial injustice.

THE CLAIM: THE INSURRECTION ACT HAS BEEN SIGNED AND ARRESTS HAVE BEEN MADE
USA TODAY RATING: False

Trump did not invoke the Insurrection Act on Jan. 6. The day after the riot, he publicly acknowledged the transition of power to Biden that would happen on Jan. 20.

COMPARISONS TO PREVIOUS DEMONSTRATIONS

Social media posts comparing previous demonstrations in Washington to the Capitol attack are misleading and leave out significant details.

THE CLAIM: IN 2018, LIBERALS AND DEMOCRATS PROTESTING AGAINST BRETT KAVANAUGH STORMED THE CAPITOL AND SUPREME COURT
USA TODAY RATING: Missing context

Posts comparing the insurrection and 2018 protests against Brett Kavanaugh’s nomination to the Supreme Court leave out key details. The Capitol was open to the public during the Kavanaugh demonstrations, unlike on Jan. 6, when rioters forced their way in. And protesters did not enter the Supreme Court as was claimed.

THE CLAIM: IMAGES SHOW POLICE PRESENCE DURING BLACK LIVES MATTER DEMONSTRATIONS COMPARED TO CAPITOL RIOT
USA TODAY RATING: Missing context

Comparisons between law enforcement’s handling of the 2020 Black Lives Matter protests and the Jan. 6 riot lack context. An image used in the claim shows National Guard members at the Lincoln Memorial after it was vandalized, not at the Capitol.

THE CLAIM: POLICE HELPED A PRO-TRUMP CAPITOL DEMONSTRATOR AND KICKED A BLM BYSTANDER IN THE HEAD
USA TODAY RATING: Partly false

A police officer was recorded helping a pro-Trump protester down the steps of the Capitol on Jan. 6, but a Black Lives Matter demonstrator did not have “his head kicked in by police.” The man was shoved by officers in New York, who were later charged with assault.

THE CLAIM: JOE BIDEN CONDEMNED VIOLENCE JAN. 6 BUT DIDN’T CONDEMN VIOLENT PROTESTS BY BLM OR ANTIFA IN THE SUMMER OF 2020
USA TODAY RATING: False

Biden repeatedly condemned violence linked to Black Lives Matter gatherings in 2020 and rioters on Jan. 6.

FAKE PREDICTIONS

Like many other major news events, people were quick to falsely claim that news outlets or TV shows predicted the events that took place on Jan. 6, implying the event was staged or planned.
Fact check: COVID-19, election misinformation dominated social media in 2021.

THE CLAIM: AN EPISODE OF “THE SIMPSONS” PREDICTED THE CAPITOL RIOT
USA TODAY RATING: False

A doctored photo showed Groundskeeper Willie, a character from “The Simpsons,” wearing the same outfit as the pro-Trump rioter in a furry horned hat. It was misused online to claim the TV show predicted the Jan. 6 attack.

THE CLAIM: NPR POSTED A STORY ABOUT RIOTERS IN THE U.S. CAPITOL AT 9:33 A.M., HOURS BEFORE THE ATTACK TOOK PLACE
USA TODAY RATING: Missing context

This was a misunderstanding of how breaking news is reported. National Public Radio did not post a story about rioters taking over the Capitol hours before it happened. The story was originally published on the morning of Jan. 6, and it was updated throughout the day with new developments.”

The link to the unedited USA Story with READ MORE links is here:

https://www.usatoday.com/story/news/factcheck/2022/01/04/fact-check-roundup-many-false-narratives-jan-6-insurrection/9052900002/

NO EVIDENCE THAT FRAUD AFFECTED ELECTION OUTCOME

On January 6, USA TODAY published an article entitled “Fact check: How we know the 2020 election results were legitimate, not ‘rigged’ as Donald Trump claims” written by reporter Daniel Funke. The article concluded saying that there is ample evidence fraud did not affect the 2020 presidential election outcome. Following are excerpts from the report:

“Based on our research, [USA TODAY] rate[s] FALSE the claim that the 2020 presidential election was “rigged.” Lawsuits, recounts, forensic audits and partisan reviews have all affirmed the election results. Officials from both parties have repeatedly debunked claims of widespread voter fraud. With 306 electoral votes, Biden beat Trump in the election.

In the immediate aftermath of Biden’s win, election officials insisted the results were legitimate.

The Cybersecurity and Infrastructure Security Agency and its partners said in a November 2020 statement:

The November 3rd election was the most secure in American history. … There is no evidence that any voting system deleted or lost votes, changed votes or was in any way compromised.”

Trump’s own attorney general, William Barr, said in early December 2020 that the Justice Department had “not seen fraud on a scale that could have affected a different outcome in the election.” Biden won the presidency with 306 electoral votes, which Congress certified in January 2021 after the Capitol riot.

At the time, some Republican lawmakers also pushed back on claims of widespread fraud.

“Nothing before us proves illegality anywhere near the massive scale, the massive scale that would have tipped the entire election – nor can public doubt alone justify a radical break when the doubt itself was incited without any evidence,” Sen. Mitch McConnell, the Senate’s top Republican said in his address to the chamber before it was evacuated during the Jan. 6 insurrection.

Since then, a mountain of evidence – including lawsuits, recounts, forensic audits and even partisan reviews – has affirmed those results.

Dozens of lawsuits by Trump and his allies aimed at overturning the election, some of which inspired misinformation about results in contested states like Nevada, failed. The Supreme Court refused to take up several cases challenging results in battleground states that played a key role in the outcome of the election.

In those battleground states, numerous audits and recounts have affirmed Biden’s win:

• In Arizona, a six-month audit of election results in Maricopa County, home of Phoenix, confirmed the state’s election results. The audit was conducted by Cyber Ninjas, a firm hired by the Republican-dominated state Senate and whose founder had previously promoted unfounded claims of voter fraud. Multiple hand recounts, as well as a forensic audit of voting machines, have also confirmed Maricopa County’s results.

• In Georgia, three separate audits found no evidence of wrongdoing affecting the state’s election outcome. Georgia’s Republican secretary of state has repeatedly quashed claims of widespread voter fraud.

• In Michigan, an audit of ballots, voting machines and election procedures affirmed Biden’s win. The bipartisan effort was the most comprehensive post-election audit in the state’s history.

• In Pennsylvania, a statewide risk-limiting audit found “strong evidence of the accuracy of the count of votes cast in the November 2020 presidential election. ” The audit examined ballots in 63 out of 67 counties.

• In Wisconsin, a recount in the state’s two largest counties found no evidence of widespread voter fraud. An audit of voting machines by the nonpartisan Legislative Audit Bureau, commissioned by Republican lawmakers, and an investigation by a conservative law firm also upheld the election results.

Many claims of fraud stemmed from a misunderstanding of how vote counting and reporting processes work in different states.

In Wisconsin, for example, some claimed late-night vote dumps for Biden were proof of fraud. That’s wrong – the state can’t count absentee ballots until Election Day, so tallies for the largest counties can take all day to complete, or even into the night. On election night, that resulted in a late addition of absentee votes, which trended heavily Democratic in 2020.

Similar narratives targeted other contested states.

In Michigan, an election-night typo resulted in the addition of more than 100,000 votes to Biden’s tally. Although the clerical error was quickly corrected, some falsely claimed it was evidence of voter fraud. In Georgia, footage of poll workers placing ballots in their proper storage containers was also misconstrued as evidence of fraud.

Other pervasive election conspiracy theories haven’t panned out, either.

Claims from conservative pundits that voting machines deleted Trump votes and changed them to Biden are false.
Companies like Dominion Voting Systems and Smartmatic have filed defamation lawsuits against Trump allies and conservative news outlets for promoting baseless claims about their voting technology.

The link to the unedited USA Report is here:

https://www.usatoday.com/story/news/factcheck/2022/01/06/fact-check-donald-trump-2020-election-results/9115875002/

REPUBLICANS BELIEVE ELECTION RIGGED

According to a November poll from the Public Religion Research Institute, 68% of Republicans believe the election was “stolen” from Donald Trump. Only 6% of Democrats and 26 percent of independents say the same. Tens of millions of Americans believe Trump’s “big lie” that the election was stolen even though there’s no evidence of significant voter fraud. According to a Washington Post article, the data points to three related explanations:

1. Tribal partisanship
2. A persistent tendency toward conspiratorial thinking among many Americans, and
3. A sustained misinformation campaign by Trump and his allies.

According to the Washington Post article, there’s a simple political pattern in election denial polls. When Republicans win the White House, Democrats are more likely to say the race was rigged. And when Democrats win the White House, Republicans are more likely to cry fraud.
University of Miami political science professor Joseph Uscinski, a who specializes in conspiracy theories, explained the pattern this way:

“Some people don’t like to lose, and they don’t have a good way of coming to grips with it. … You could think of it in politics as in sports: the winning team rarely complains about the umpires and referees. There’s nothing to complain about when you win — you only have something to complain about if you lose.”

When Trump lost, many Republicans followed this pattern: They alleged fraud rather than admitting that Biden won fairly. And strong Republicans, the people with the greatest attachment to the party, were the most likely to believe Trump’s voter fraud claims.

https://www.washingtonpost.com/opinions/2021/11/10/why-do-some-still-deny-bidens-2020-victory-heres-what-data-says/

COMMENTARY AND ANALYSIS

What is disgusting and the act of a traitor is that what unfolded on January 6, 2021 was an attack on our country, our very democracy, by a President of the United States who lost his election for a second term and who still refuses to accept his defeat to this day. Der Führer Trump lost the popular vote in 2016 to Hillary Clinton by 3 million votes only to win the electoral college vote by the identical number that Biden won over Trump. Instead of giving way and cooperating with a peaceful transition of power, Trump attempted a COUP D’É·TAT of his successor who won not only the electoral college vote but the popular vote by 6 million votes.

It is clear that Trump is the first fascist ever elected President of the United States who put himself above the law, his own country and his own party. Trump has no respect for our constitution nor free elections. His view is that the only votes that count are those that are cast form him, a lesson he probably learned from Vladimir Putin or Kim Jung Un. Trump’s strongest and closest allies and supporters need to come to their senses and the realization that Trump is a traitor to our country, to them, to all of us and to our democracy. Attempting to set aside the vote of the American people was an attempt to undermine our very democracy. It was a coup d’é·tat that failed.

The same goes for the “clown car” full of the Republican House and Senate members who initially sought to seek to set aside the 2020 victory of Joe Biden by voting not to certify the electoral college vote. Their conduct likewise is nothing less than in insurrection or rebellion against the United States and are democratic form of government. They too should be removed expelled by the House and Senate and if not voted out of office by their constituents. What is so damn disgusting is that there are way too many Senate and House Republicans that still defend Trump.

The physical damage is to the United State Capitol is easily repaired. The damage to our democracy by Führer Trump and his coup d’é·tat that failed will take years to recover from, if not at all.

Der Führer Trump’s Failed January 6, 2021 Coup d’é·tat Remembered; President Joe Biden Denounces Trump As Threat To Democracy

On the Morning of January 6, 2021, then President Donald Trump spoke to thousands of his upset and angry supporters in Washington, DC in front of the White House before Congress was scheduled to vote and accept the electoral college vote electing Joe Biden Presiden of the United States. For weeks prior, Trump and his supporters had been proclaiming January 6, 2021, as a day of reckoning, a day to gather in Washington to “Save America” and “Stop the Steal” of the election he had lost to Biden, but which he still maintained that he had won by a landslide.

INFLAMATORY REMARKS INSIGHTING RIOT

Der Führer Trump spoke for over one hour and ginned up his supports. The link to a transcript of the entire speech is here:

https://www.rev.com/blog/transcripts/donald-trump-speech-save-america-rally-transcript-january-6

The most inflammatory remarks and call to his followers to lay siege to the capital are clear and unmistakable and are worth quoting:

“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated. I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard. Today we will see whether Republicans stand strong for integrity of our elections, but whether or not they stand strong for our country, our country. Our country has been under siege for a long time, far longer than this four-year period. We’ve set it on a much straighter course.

In every single swing state, local officials, state officials, almost all Democrats made illegal and unconstitutional changes to election procedures without the mandated approvals by the state legislatures, that these changes paved the way for fraud on a scale never seen before. And I think we’d go a long way outside of our country when I say that.

We’re gathered together in the heart of our nation’s Capital for one very, very basic and simple reason, to save our democracy.

For years, Democrats have gotten away with election fraud and weak Republicans, and that’s what they are. There’s so many weak Republicans. … . The weak Republicans, and that’s it. I really believe it. I think I’m going to use the term, the weak Republicans. You got a lot of them, and you got a lot of great ones, but you got a lot of weak ones. They’ve turned a blind eye even as Democrats enacted policies that chipped away our jobs, weakened our military, threw open our borders and put America last. …
..
If they don’t fight, we have to primary the hell out of the ones that don’t fight. You primary them. We’re going to let you know who they are. I can already tell you, frankly.

But this year using the pretext of the China virus and the scam of mail-in ballots, Democrats attempted the most brazen and outrageous election theft. There’s never been anything like this. It’s a pure theft in American history, everybody knows it. That election, our election was over at 10:00 in the evening. We’re leading Pennsylvania, Michigan, Georgia by hundreds of thousands of votes, and then late in the evening or early in the morning, boom, these explosions of and bullshit, and all of a sudden. All of a sudden it started to happen.

Look, I’m not happy with the Supreme Court. They love to rule against me. I picked three people. I fought like hell for them, one in particular I fought. … Let them rule the right way, but it almost seems that they’re all going out of their way to hurt all of us, and to hurt our country. To hurt our country.

Today, we see a very important event though, because right over there, right there, we see the event going to take place. And I’m going to be watching, because history is going to be made. We’re going to see whether or not we have great and courageous leaders or whether or not we have leaders that should be ashamed of themselves throughout history, throughout eternity, they’ll be ashamed.

And you know what? If they do the wrong thing, we should never ever forget that they did. Never forget. We should never ever forget. With only three of the seven states in question, we win the presidency of the United States.

When you catch somebody in a fraud, you’re allowed to go by very different rules. So I hope Mike has the courage to do what he has to do. And I hope he doesn’t listen to the RINOs and the stupid people that he’s listening to. It is also widely understood that the voter rolls are crammed full of non-citizens, felons and people who have moved out of state and individuals who are otherwise ineligible to vote.

Yet Democrats oppose every effort to clean up their voter rolls. They don’t want to clean them up, they are loaded. And how many people here know other people that when the hundreds of thousands and then millions of ballots got sent out, got three, four, five, six, and I heard one who got seven ballots. And then they say, “You didn’t quite make it, sir.” We won. We won in a landslide. This was a landslide.

We must stop the steal and then we must ensure that such outrageous election fraud never happens again, can never be allowed to happen again, but we’re going forward. We’ll take care of going forward. We got to take care of going back. Don’t let them talk, “Okay, well we promise,” I’ve had a lot of people, “Sir, you’re at 96% for four years.” I said, “I’m not interested right now. I’m interested in right there.”

We will never give up. We will never concede. It doesn’t happen. You don’t concede when there’s theft involved. … Our country has had enough. We’re not going to take it anymore.”

We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated.

I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard. Today we will see whether Republicans stand strong for integrity of our elections, but whether or not they stand strong for our country, our country. Our country has been under siege for a long time, far longer than this four-year period. We’ve set it on a much straighter course.

And after this, we’re going to walk down there, and I’ll be there with you, we’re going to walk down … to the Capitol and we are going to cheer on our brave senators and congressmen and women.

And we’re probably not going to be cheering so much for some of them. Because you’ll never take back our country with weakness. You have to show strength and you have to be strong.

You’re the real people. You’re the people that built this nation. You’re not the people that tore down this nation.

Now it is up to Congress to confront this egregious assault on our democracy.

So we’re going to, we’re going to walk down Pennsylvania Avenue … , and we’re going to the Capitol and we’re going to try and give… The Democrats are hopeless. They’re never voting for anything, not even one vote. But we’re going to try and give our Republicans, the weak ones, because the strong ones don’t need any of our help, we’re going to try and give them the kind of pride and boldness that they need to take back our country.

So let’s walk down Pennsylvania Avenue. I want to thank you all.

TRUMP’S FOLLOWERS DID WHAT HE ORDERED THEM TO DO

Trump did not join the walk down Pennsylvania Avenue with the mob he just incited. Instead, he returned to the White House and watched on TV in the White House residence as the rioting, vandalism and killing occurred in the capitol. He waited hours before his staff urged him to do a video telling everyone to go home and that he loved them. No remorse and no condemnation.

Soon after Trump spoke, his supporters believing all Trumps lies that the election was rigged, when it was not, went to the United States Capitol to protest. The Congress had already begun the process of counting and certifying the electoral college vote. A mob was able to breach security and successfully enter the building, where one person was shot and later died.

Hundreds of pro-Trump protesters pushed through barriers set up along the perimeter of the Capitol, where they engaged with officers in full riot gear, some calling the officers “traitors” for doing their jobs. About 90 minutes later the domestic terrorists got into the building and the doors to the House and Senate were locked.

Shortly after, the House floor was evacuated by police. Vice President Mike Pence was also evacuated from the chamber, he was to perform his role in the counting of electoral votes. Some of the terrorists had even started to chant “HANG MIKE PENCE, HANG MIKE PENCE”.

The protesters first breached exterior security barriers, and video footage showed the domestic terrorists gathering and some clashing with police near the Capitol building. A number of Trump terrorists climbed up the side of the Capitol building to gain access. Windows were broken to gain access. Protesters roamed the interior of the building and went to the House Chamber and congressional offices and did property damage. In the end, 6 people died, one domestic terrorist shot and killed by capitol police with one capitol police officer succumbing to his injuries.

A link to a related blog article is here:

https://www.petedinelli.com/2021/01/15/fuhrer-trumps-january-speech-nothing-short-of-insurgency-to-overthrow-government-senate-must-vote-to-convict-and-prohbit-trump-from-holding-office/

CONGRESS RETURNS TO WORK AND CERTIFIES BIDEN 46 PRESIDENT OF THE UNITED STATES

Within 7 hours after protestors took over the Capitol building and after they were evacuated from the building, the Congress returned to work and about 4:30 am in the morning on January 7, President Joe Biden was elected the new President of the United Sates. The final electoral college vote was Joe Biden 306 electoral votes, Donald Trump 232 electoral votes. House Speaker Nancy Pelosi said the congressional leadership wanted to continue by saying:

“Today, a shameful assault was made on our democracy. It was anointed at the highest level of government. It cannot, however, deter us from our responsibility to validate the election of Joe Biden. … To that end, in consultation with Leader Hoyer and Whip Clyburn and after calls to the Pentagon, the Justice Department and the Vice President, we have decided we should proceed tonight at the Capitol once it is cleared for use. Leader Hoyer will be sending out more guidance later today.”

Senate Republicans who planned to object to the election in multiple states Biden won withdraw their objections. Senate Majority Leader Mitch McConnell said on the Senate floor:

“United States Senate will not be intimidated. We will not be kept out of this chamber by thugs, mobs or threats. … We will certify the winner of the 2020 presidential election.”

After Congress finally certified President Biden’s election in the early morning hours of February 7, Führer Trump said:

“Even though I totally disagree with the outcome of the election, and the facts bear me out, nevertheless there will be an orderly transition on January 20th.”

Notwithstanding his pledge for an orderly transition of power, Trump refused to attend the inauguration of President Joe Biden as his successor. Since leaving the White House, Trump has spread the big lie.

SENATOR MITCH MCCONNELL’S ASTONISHING SENATE COMMENTS

A mere 24 hours before President Joe Biden was to be sworn in as the 46 President of the United States, Republican Senate Majority Leader Mitch McConnell had this to say on the Senate floor the last full day of Führer Trump’s presidency:

“The last time the Senate convened we had just reclaimed the capitol from violent criminals who tried to stop congress from doing our duty. The mob was fed lies. They were provoked by the president and other powerful people. And they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like. But we pressed on. We stood together and said an angry mob would not get veto power over the rule of law in our nation, not even for one night. We certified the people’s choice for their 46th president.”

https://www.politico.com/news/2021/01/19/mcconnell-trump-provoked-capitol-attackers-460372

PRESIDENT JOE BIDENS ADDRESSES THE NATION ON JANUARY 6, 2022

On January 6, 2022, President Joe Biden denounced former President Donald Trump as a threat to democracy. Speaking in Statuary Hall in the Capitol, Biden and Vice President Kamala Harris addressed the nation on a day of memorials.

The President’s speech was the most blistering speech marking a year since the deadly January 6 attack on the U.S. Capitol. The speech was strong and methodical akin to a prosecutor summarizing the facts of the crime Trump had committed.

Following is a transcript of President Joe Biden’s full speech:

“Madam Vice President and fellow Americans, to state the obvious, one year ago today, in this sacred place, democracy was attacked. Simply attacked. The will of the people was under assault. The constitution — our constitution — faced the greatest of threats. Outnumbered in the face of a brutal attack, the Capitol Police, the D.C. Metropolitan Police Department, the National Guard and other brave law enforcement officials saved the rule of law.

Our democracy held. We the people endured. We the people prevail. For the first time in our history, a president had not just lost an election — he tried to prevent the peaceful transfer of power as a violent mob breached the Capitol. But they failed. They failed. And on this day of remembrance, we must make sure that such an attack never, never happens again.

I’m speaking to you today from Statuary Hall in the United States Capitol. This is where the House of Representatives met for 50 years in the decades leading up to the Civil War. It’s on this floor where a young congressman of Illinois, Abraham Lincoln, sat at desk 191. Above him, above us, over that door leading into the rotunda is a sculpture depicting Clio, the muse of history.

In her hands, an open book, in which she records the events taking place in this chamber below. Clio stood watch over this hall one year ago today, as she has for more than 200 years. She recorded what took place — the real history, the real facts, the real truth, the facts and the truth that Vice President Harris just shared, and that you and I and the whole world saw with our own eyes.

The Bible tells us that we shall know the truth and the truth shall make us free. We shall know the truth. Well here is God’s truth about Jan. 6, 2021. Close your eyes. Go back to that day. What do you see? Rioters rampaging, waving for the first time inside this Capitol, the confederate flag that symbolizes the cause to destroy America, to rip us apart.

Even during the Civil War that never ever happened. But it happened here in 2021. What else did you see? A mob, breaking windows, kicking in doors, breaching the Capitol, American flags on poles being used as weapons, as spears. Fire extinguishers being thrown at the heads of police officers. A crowd that professes their love for law enforcement assaulted those police officers. Dragged them, sprayed them, stomped on them.

Over 140 police officers were injured. We all heard the police officers who were there that day testify to what happened. One officer called it “a medieval battle” and that he was more afraid that day than he was fighting the war in Iraq. They repeatedly asked since that day, “How dare anyone, anyone diminish, belittle or deny the hell they were put through?”

We saw with our own eyes, rioters menace these halls, threatening the life of the Speaker of the House. Literally erecting gallows to hang the Vice President of the United States of America.

What did we not see? We didn’t see a former president who had just rallied the mob to attack sitting in the private dining room off the Oval Office in the White House watching it all on television. And doing nothing. For hours. As police were assaulted. Lives at risk. The nation’s capital under siege.

This wasn’t a group of tourists. This was an armed insurrection. They weren’t looking to uphold the will of the people. They were looking to deny the will of the people. They were looking to uphold– they weren’t looking to uphold a free and fair election, they were looking to overturn one. They weren’t looking to save the cause of America. They were looking to subvert the Constitution.

This isn’t about being bogged down in the past. It’s about making sure the past isn’t buried. That’s the only way forward. That’s what great nations do. They don’t bury the truth, they face up to it. Sounds like hyperbole, but that’s the truth, they face up to it.

We are a great nation. My fellow Americans, in life there’s truth, and tragically, there are lies. Lies conceived and spread for profit and power.

We must be absolutely clear about what is true and what is a lie. And here’s the truth. The former president of the United States of America has created and spread a web of lies about the 2020 election. He’s done so because he values power over principle. Because he sees his own interest as more important than his country’s interest than America’s interest, and because his bruised ego matters more to him than our democracy or our Constitution. He can’t accept he lost.

Even though that’s what 93 United States senators, his own attorney general, his own vice president, governors and state officials in every battleground state have all said. He lost. That’s what 81 million of you did as you voted for a new way forward. He’s done what no president in American history, the history of this country has ever, ever done. He refused to accept the results of an election and the will of the American people.

While some courageous men and women in the Republican Party are standing against it, trying to uphold the principle of that party, too many others are transforming that party into something else. They seem no longer to want to be the party, the party of Lincoln, Eisenhower, Reagan, the Bushes. But whatever my other disagreements are with Republicans who support the rule of law and not the rule of a single man, I will always seek to work together with them, to find shared solutions where it’s possible because we have a shared belief in democracy, that anything is possible. Anything.

So at this moment, we must decide, what kind of nation are we going to be? Are we going to be a nation that accepts political violence as a norm? Are we going to be a nation where we allow partisan election officials to overturn the legally expressed will of the people? Are we going to be a nation that lives not by the light of the truth, but of the shadow of lies?

We cannot allow ourselves to be that kind of nation. The way forward is to recognize the truth and to live by it. The big lie being told by the former president and many Republicans who fear his wrath is that the insurrection in this country actually took place on Election Day, Nov. 3, 2020. Think about that.

Is that what you thought? Is that what you thought when you voted that day? Taking part in an insurrection, is that what you thought you were doing? Or did you think you were carrying out your highest duty as a citizen and voting? Former president’s supporters are trying to rewrite history. They want you to see Election Day as the day of insurrection. And the riot that took place here on Jan. 6 as a true expression of the will of the people.

Can you think of a more twisted way to look at this country? To look at America? I cannot. Here’s the truth. The election of 2020 was the greatest demonstration of democracy in the history of this country. More of you voted in that election than have ever voted in all of American history.
Over 150 million Americans went to the polls and voted that day. In a pandemic. Some at great risk to their lives. They should be applauded, not attacked. Right now in state after state, new laws are being written not to protect the vote, but to deny it.

Not only to suppress the vote but to subvert it. Not to strengthen and protect our democracy but because the former president lost. Instead of looking at the election results in 2020, and saying they need new ideas or better ideas to win more votes, the former president and his supporters have decided the only way for them to win is to suppress your vote and subvert our elections. It’s wrong, it’s undemocratic and frankly, it’s un-American.

The second big lie being told by the former president and his supporters is that the results of the election of 2020 can’t be trusted. The truth is that no election, no election in American history has been more closely scrutinized or more carefully counted. Every legal challenge questioning the results and every court in this country that could have been made was made and was rejected.

Often rejected by Republican-appointed judges, including judges appointed by the former president himself. From state courts to the United States Supreme Court. Recounts were undertaken in state after state. Georgia, Georgia counted its results three times with one recount by hand. Phony partisan audits were undertaken long after the election in several states, none changed the results. In some of them, the irony is the margin of victory actually grew slightly. So let’s speak plainly about what happened in 2020.

Even before the first ballot was cast, the former president was preemptively so in doubt about the election results. He built his lie over months, wasn’t based on any facts. He was just looking for an excuse, a pretext, to cover for the truth. He’s not just a former president. He’s a defeated, former president — defeated by a margin of over 7 million of your votes in a full and free and fair election.

There is simply zero proof the election results were inaccurate. In fact, in every venue where evidence had to be produced, an oath, to tell the truth, had to be taken, the former president failed to make his case. Just think about this. The former president and his supporters have never been able to explain how they accept as accurate the other election results that took place on Nov. 3. The elections for government, United States Senate, House of Representatives.

Elections that close the gap in the House. They challenged none of that. President’s name was first. Then we went down the line: Governor, senators, House of Representatives. Somehow those results are accurate on the same ballot but the presidential race was flawed. And on the same ballot, the same day cast by the same voters.

The only difference, the former president didn’t lose those races. He just lost the one that was his own.

Finally, the third big lie being told by a former president and his supporters is that the mob who sought to impose their will through violence are the nation’s true patriots.

Is that what you thought when you looked at the mob ransacking the Capitol, destroying property, literally defecating in the hallways, rifling through the desks of senators and representatives, hunting down members of Congress? Patriots? Not in my view.

To me, the true patriots were the more than 150 Americans who peacefully expressed their vote at the ballot box. The election workers who protected the integrity of the vote. And the heroes who defended this capital.

You can’t love your country only when you win. You can’t obey the law only when it’s convenient. You can’t be patriotic when you embrace and enable lies.

Those who stormed this Capitol and those who instigated and incited and those who called on them to do so held a dagger at the throat of America and American democracy.

They didn’t come here out of patriotism or principle. They came here in rage. Not in service of America, but rather in service of one man. Those who incited the mob, the real plotters who were desperate to deny the certification of this election, defy the will of the voters, but their plot was foiled. Congressmen, Democrats and Republicans stayed. Senators, representatives, staff — they finished their work the Constitution demanded.

They honored their oath to defend the Constitution against all enemies, foreign and domestic. Look, folks, now it’s up to all of us, to we the people to stand for the rule of law. To preserve the flame of democracy. To keep the promise of America alive.

The promises at risk targeted by the forces that value brute strength over the sanctity of democracy — fear over hope, personal gain over public good.

Make no mistake about it, we’re living at an inflection point in history, both at home and abroad. We’re engaged anew in a struggle between democracy and autocracy. Between aspirations of the many and the greed of the few, between the people’s right of self-determination and self-seeking autocrat. From China to Russia and beyond, they’re betting that democracies’ days are numbered.

They actually told me democracy is too slow, too bogged down by division to succeed in today’s rapidly changing and complicated world. They’re betting, they’re betting America will become more like them and less like us.

They’re betting that America is a place for the autocrat, the dictator, the strong man. I do not believe that. That is not who we are. That is not who we have ever been. And that is not who we should ever, ever be. Our founding fathers, as imperfect as they were, set in motion an experiment that changed the world, literally changed the world.

Here in America, the people would rule. Power would be transferred peacefully, never at the tip of a spear or the barrel of a gun. They committed to paper an idea that they couldn’t live up to, but an idea that couldn’t be constrained.

Yes, in America, all people are created equal. The reject of you, that if you succeed, I fail. If you get ahead, I fall behind. If I hold you down, I somehow lift myself up.

The former president who lies about this election and the mob that attacked this Capitol could not be further away from the core American values. They want to rule or they will ruin. Ruin what our country fought for at Lexington and Concord, at Gettysburg and Omaha Beach, Seneca Falls, Selma, Alabama. And what we were fighting for — the right to vote, the right to govern ourselves, the right to determine our own destiny.

With rights come responsibilities. The responsibility to see each other as neighbors. Maybe we disagree with that neighbor but they’re not an adversary. Responsibility to accept defeat then get back in the arena and try again the next time to make your case.

Responsibility to see that America is an idea. An idea requires vigilant stewardship. As we stand here today, one year since Jan. 6, 2021, the lies that drove the anger and madness we saw in this place, they have not abated. So we have to be firm, resolute and unyielding in our defense of the right to vote and to have that vote counted.

Some have already made the ultimate sacrifice in this sacred effort. Jill and I have mourned police officers in this Capitol Rotunda not once but twice in the wake of Jan. 6. Once to honor Officer Brian Sicnick, who lost his life the day after the attack and the second time to honor Officer Billy Evans, who lost his life defending this capital as well.

We think about the others who lost their lives and were injured and everyone living with the trauma of that day, and those defending this capital, to members of Congress in both parties and their staffs, to reporters, cafeteria workers, custodial workers and their families. Don’t kid yourself. The pain and scars from that day run deep.

I’ve said it many times, and it’s no more true or real when we think about the events of Jan. 6. We are in a battle for the soul of America. A battle that — by the grace of God, and the goodness and greatness of this nation — we will win. Believe me, I know how difficult democracy is, and I’m crystal clear about the threats America faces.

But I also know that our darkest days can lead to light and hope. From the death and destruction as Vice President referenced in Pearl Harbor can then triumph over the forces of fascism, from the brutality of Bloody Sunday and the Edmund Pettus Bridge came historic voting rights to this nation. So now let’s step up, write the next chapter in American history where Jan. 6 marks, not the end of democracy but the beginning of a renaissance of liberty and fair play.

I did not seek this fight brought to this Capitol one year ago today. But I will not shrink from it either. I will stand in this breach. I will defend this nation. And I will allow no one to place a dagger at the throat of democracy. We will make sure the will of the people is heard. That the ballot prevails not violence. That authority in this nation will always be peacefully transferred. I believe the power of the presidency and the purpose is to unite this nation. Not divide it. To lift us up, not tear us apart. To be about us, about us, not about me.

Deep in the heart of America burns a flame lit almost 250 years ago of liberty, freedom and equality. This is not a land of kings or dictators or autocrats. We’re a nation of laws, of order not chaos. Of peace, not violence. Here in America, the people rule through the ballot and their will prevails.

So let us remember together. We’re one nation, under God, indivisible. That today, tomorrow, and forever at our best, we are the United States of America. God bless you all. May God protect our troops. And my God, bless those who stand watch over democracy.

The link to the transcript of President Joe Bidens as well as the speech of Vice President Kamala Harris is here:

https://www.yahoo.com/gma/full-transcript-biden-harris-speak-160600892.html

COMMENTARY AND ANALYSIS

What is disgusting and the act of a traitor is that what unfolded on January 6, 2021 was an attack on our country, our very democracy, by a President of the United States who lost his election for a second term and who still refuses to accept his defeat to this day. Der Führer Trump lost the popular vote in 2016 to Hillary Clinton by 3 million votes only to win the electoral college vote by the identical number that Biden won over Trump. Instead of giving way and cooperating with a peaceful transition of power, Trump attempted a COUP D’É·TAT of his successor who won not only the electoral college vote but the popular vote by 6 million votes.

It is clear that Trump is the first fascist ever elected President of the United States who put himself above the law, his own country and his own party. Trump has no respect for our constitution nor free elections. His view is that the only votes that count are those that are cast form him, a lesson he probably learned from Vladimir Putin or Kim Jung Un. Trump’s strongest and closest allies and supporters need to come to their senses and the realization that Trump is a traitor to our country, to them, to all of us and to our democracy. Attempting to set aside the vote of the American people was an attempt to undermine our very democracy. It was a coup d’é·tat that failed.

The same goes for the “clown car” full of the Republican House and Senate members who initially sought to seek to set aside the 2020 victory of Joe Biden by voting not to certify the electoral college vote. Their conduct likewise is nothing less than in insurrection or rebellion against the United States and are democratic form of government. They too should be removed expelled by the House and Senate and if not voted out of office by their constituents. What is so damn disgusting is that there are way too many Senate and House Republicans that still defend Trump.

The physical damage is to the United State Capitol is easily repaired. The damage to our democracy by Führer Trump and his coup d’é·tat that failed will take years to recover from, if not at all.

Proposed $50 Million In Covid-19 Tests, $10 Million For Masks Reflect Good Intentions, But Short-Term Benefit; Allocate Money To Educate And Offer Cash Payment To Motivate People To Get Vaccinated

The New Mexico Legislature 30-day session is scheduled to begin on January 18, 2022. A head of the upcoming legislative session, State Senator Jeff Steinborn, Democrat from Las Cruces, has “prefiled” legislation proposing that the State distribute free high-quality masks and COVID-19 test kits to the public under a $60 million plan.

The proposal would tap into the state’s allocation of federal funds to provide $10 million for KN95 or equivalent masks and $50 million for at-home tests. The legislation would draw on unspent federal relief funds already sent to New Mexico. According to a January 5 Albuquerque Journal report, Steinborn’s proposal would call for the Department of Health to distribute masks and at-home test kits with $60 million in funding. The agency would also launch a statewide education campaign on the importance and proper usage of masks.

According to the news report “the push for better masks and increased testing comes as New Mexico prepares for a spike in cases fueled by the omicron variant. The state’s test positivity rate for the last seven days reached 19.8% on Tuesday, about 8 percentage points higher than a week ago.”

Steinborn, a member of the Senate Finance Committee, said it’s important for more New Mexicans to upgrade from cloth masks to N95 or KN95 masks offering more protection and had this to say:

“This funding can help provide some of the most powerful tools we have to limit the spread of COVID, and that’s high-quality masks, and convenient accessible tests.”

NEW MEXICO’S VACCINATION NUMBERS ARE STRONG

According to the New Mexico Department of Health, New Mexico’s vaccination rate is relatively strong ranking among the top 15 in some categories. Upwards of 76% of New Mexico adults have completed their initial vaccination series and upwards of 36% have received a booster shot.

According to the most recent United State census, New Mexico has a population of 2,117,522.

https://www.census.gov/library/stories/state-by-state/new-mexico-population-change-between-census-decade.html

Other raw data provided by the New Mexico Department of Health as of Tuesday, January 5 is as follows:

NUMBER OF FULLY VACCINATED: 1,362,075 out of total population of 2,117,522
TOTAL DOSES RECEIVED: 3,733,035
TOTAL DOSES ADMINISTERED: 3,422,665
TOTAL NUMBER OF DEATH: 5,897
DOSES GIVEN IN LAST SEVEN DAYS: 42,406
POSITIVE TESTS: 359,117
NEGATIVE TESTS: 5,378,337

NEW MEXICO HOSPITALIZATIONS UP WITH 5,897 TOTAL DEATH TOLL

On Tuesday January 4, The New Mexico Department of Health on Tuesday reported 1,654 new COVID-19 cases and reported 493 patients hospitalized for the disease, a 4% increase over Monday. The state announced 31 more COVID-19 deaths, 20 of them in Bernalillo County with 23 fatalities happening in the last 30 days, and 8 happened earlier. The official statewide death toll is now 5,897 residents.

People who are NOT fully vaccinated have made up a disproportionate share of New Mexico’s infections. Those not faxinated comprised 70% of new cases, 84% of hospitalizations and 84% of deaths in the most recent four-week period with data available, according to a state epidemiology report released December 27, 2021.

The link to quoted source material is here:

https://www.abqjournal.com/2458768/proposal-calls-for-free-masks-at-home-tests.html

OMICRON MAKES UP MORE THAN HALF OF THE COVID-19

On Wednesday, January 5, New Mexico Department of Health officials reported 2,514 additional COVID-19 cases and 36 deaths and that Omicron now makes up more than half of the COVID-19 cases in New Mexico. Dr. David Scrase, acting cabinet secretary with the New Mexico Department of Health, said Omicron cases currently make up about 50% to 60% of all new cases. He expects it will make up 100% of new cases in another week or two.

Scrase said hospitals are still struggling with just 9 intensive care units (ICU) beds and 40 surgical beds in the state. The shortage is due to 497 COVID patients in the hospitals. Over the last month, unvaccinated people made up about 66% of new COVID-19 cases, more than 83% of hospitalizations and 88% of deaths.

“New Mexico has also adopted the CDC’s recommendation to stay home for just five days after a positive test – as long as you have no symptoms.

• If you test positive, CDC guidance says you should stay home, in a room away from others, for five days.
• It’s recommended you take another test at the end of five days, but not required.
• If you have no symptoms after five days, you can leave the house – but wear a mask for five more days.
• Stay home until your fever is gone for 24 hours, and tell anyone you’ve had close contact with about your positive result.
• If you have symptoms but test negative, the guidance is to take a second test within two days.

State health officials are also reminding people what to do if you are a close contact:

• If you’re up to date on your vaccines, wear a mask for 10 days and test on day five if possible.
• If you’re not vaccinated, stay home for five days, then take a test, and wear a mask for five more days.”

The link to quoted source material is here:

https://www.kob.com/albuquerque-news/omicron-makes-up-more-than-half-of-covid-19-cases-in-new-mexico/6350404/?cat=500

STATE RAMPING UP RAPID COVID HOME TESTING

On January 5, the New Mexico State Health Department announced will start giving out thousands of at-home COVID-19 tests for free. Starting Thursday, January 6, the Department of Health will be giving out 35,000 tests in zip codes where there are higher levels of social vulnerability and places with high case rates. Dr. David Scrase, NM Human Services Secretary, had this to say in justifying giving out the tests:

“We will be seeing a rise in cases, we’re very confident in the next two to four weeks.”

Dr. Laura Parajon, Deputy Secretary for the Department of Health added:

“We are I think as a state ramping up as the whole United States as a nation trying to ramp up, but not quite catching up to omicron just yet.”

According to Parajon, if you take that home test and if you have symptoms or have been exposed to COVID-19, you need to stay at home for five days, per the new Centers for Disease Control and Prevention guidelines, whether you’re vaccinated or not. Dr. Parajon also said you don’t need an additional PCR test if you’re positive and said:

“Sometimes people are like, ‘oh I got my rapid home test, it’s positive, let me go look for a PCR test. … You don’t need to get that. If you’re positive, you’re positive.”

The link to quoted source material is here:

https://www.koat.com/article/new-mexico-covid-vaccine-omicron-nmdoh/38680274

GALLUP POLL

A Gallup poll released in November 2021 found that 74% of U.S. adults have been vaccinated against COVID-19, which is virtually unchanged from what was found in October, roughly 10 months after shots were first widely administered to the general public. The total percentage either vaccinated or planning to be vaccinated is at 80%. Most of the 20% of U.S. adults who are not vaccinated and do not plan to be describe themselves as unlikely to change their mind. Just 16% of the vaccine-resistant group in October, representing about 3% of all adults, say they are likely to agree to be vaccinated in the future.

https://news.gallup.com/poll/356945/adults-covid-vaccinations-steady-teen-jabs-tick.aspx

CITY AND STATES THAT HAVE OFFERED CASH INCENTIVES TO GET VACCINATED

It was in December of 2020 that the COVID 19 vaccines became available. After a full year of availability, 20% of U.S. adults are still not vaccinated and don’t plan to be vaccinated. President Joe Biden urged state and local officials to offer $100 cash payments for COVID-19 vaccinations as the delta variant spread in the summer of 2021. Some have even suggested paying as much as $1,000 or more. Stephen L. Carter, a professor of law at Yale University, in a column for Bloomberg Opinion in the fall of 2021 wrote “Get a shot, get a check … Incentives work.”

https://www.today.com/health/should-people-be-paid-get-covid-19-vaccine-t201847

City’s and states have in fact offered financial incentives to people to get the vaccines. Following are 4 of the most notable as reported in an edited Forbes Magazine report on December 21, 2021:

“NEW YORK CITY

In the week leading up to December 18, roughly one out of every 200 people in New York City tested positive for COVID. To fight further spread, then Mayor Bill De Blasio revived the $100 incentive, this time for booster shots received by December 31 at eligible clinics around the city.

LOUISIANA

Louisiana has regularly extended its $100 vaccination incentive, and the rise of Omicron earned it an even longer life. Residents had until December 31 to get their vaccine at a participating community-based site. For those efforts, they received a $100 gift card. To date, more than 34,000 have been distributed.

MISSOURI

With just 61% of the population partially vaccinated, Missouri is one of the most vaccine-hesitant states. And the incentive program there is underutilized, but it’s still up and running. Officials earmarked $11 million in $100 gift cards for the vaccinated, but have handed out only a fraction of those, as just 20 of the 115 eligible health departments in the state have opted into the program. Funding for that program ends on Dec. 31, but gift cards can be issued into next year.

VERMONT

Rather than targeting hesitant adults, who often aren’t persuaded to get a vaccine or booster for cash, officials in Vermont are focusing on schoolchildren, with a new incentive program for schools that will pay per vaccinated student through April 1, 2022. Schools that see an 85% vaccination rate for eligible students will receive $15 per student, for a minimum award of $2,000 and a maximum of $10,000, with those that have a better than 90% vaccination rate having an opportunity to receive $15,000.

WEST VIRGINIA

Governor Jim Justice is focusing on the opposite end of the spectrum. Only 26% of West Virginia’s 50 and over population has gotten a booster shot, leading the state to offer a $50 incentive for them to do so.”

The link to the full and unedited FORBES Magazine story is here:

https://fortune.com/2021/12/21/vaccination-incentive-booster-omicron-100-dollars-new-work-walmart/

OVER 100 YEARS OF VACCINE MANDATES UPHELD BY THE COURTS

[Over a century] plenty have argued against the legality of vaccine mandates [even] reaching the Supreme Court many times. But the courts have routinely protected the rights of states to require vaccinations in the interest of public health.

In Jacobson v. Massachusetts, justices held that a health regulation requiring smallpox vaccination was a reasonable exercise of the state’s police power that did not violate the liberty rights of individuals under the 14th Amendment to the U.S. Constitution.

The Supreme Court recognized the possibility of adverse events following vaccination and the inability to determine with absolute certainty whether a particular person can be safely vaccinated. But it specifically rejected the idea of an exemption based on personal choice. Doing otherwise “would practically strip the legislative department of its function to [in its considered judgment] care for the public health and the public safety when endangered by epidemics of disease,” the Supreme Court said.

In Zucht v. King, the high court ruled against the plaintiff, who used a due process 14th Amendment challenge to argue against city ordinances that excluded children from attendance if they failed to prove vaccination. The Supreme Court of the United States ruled that “these ordinances confer not arbitrary power, but only that broad discretion required for the protection of the public health.”

The link to quoted news source material is here:

“History of vaccine mandates in the United States”

https://www.fox10phoenix.com/news/history-of-vaccine-mandates-in-the-united-states

The United States Supreme court has said in rulings that it is constitutional in a public health crisis for the government to require people to do certain things or to prohibit certain things that they normally would not do or could do.

In 1905, during the small pox epidemic, the United State Supreme Court case of Jacobson v. Massachusetts, 197 U.S. 11 (1905), upheld the authority of states to enforce compulsory vaccination laws. The United States Supreme Court upheld the authority of Cambridge, Massachusetts, to require smallpox vaccinations when a Massachusetts minister, not on religious grounds, refused to get a vaccination for the disease.

The US Supreme Court’s decision was that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state. The court ruled that the state did have a right to legally require the vaccinations. The United State Supreme Court came down in favor of state governments being allowed to mandate vaccinations so long as it is reasonable to protect the public health, safety and welfare of citizens.

It is also well settled United States Supreme Court constitutional case law that the legislative branch can give the executive branch the authority to issue executive orders in times of national emergency over private enterprise. In 1952, the United States Supreme Court ruled in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) that the authority to issue executive orders is whatever authority the legislative branch gives to the executive.

The case involved President Harry Truman. Truman order seizing of the steel mills and directed the steel mill presidents to operate mills as managers for the United States during the Korean War. The Supreme Court found that Truman did not have the authority. The Supreme Court found that the President’s power, if any, to issue such an emergency order must stem either from an act of Congress or from the Constitution itself. Subsequent Supreme Court ruling have found that “executive power” of the President and by extension state governors to issue executive orders is whatever power the congress or the state legislators gives to them by enactment of legislation giving them those powers.

The link to a related blog article is here:

https://www.petedinelli.com/2020/05/17/gov-mlg-orders-35-million-in-emergency-funding-to-deal-with-pandemic-republicans-act-boneheaded-about-gov-mlgs-pandemic-health-orders-gop-needs-to-let-her-do-her-job/

COMMENTARY AND ANALYSIS

There is no doubt that State Senator Jeff Steinborn’s plan to spend $10 million on high quality covid masks and $50 million on covid tests is well intentioned. The state is also ramping up offering Covid 19 home tests. The pandemic has now been going on for a full 2 years and has been prolonged because of at least 3 variants and because people simply refuse to take the vaccines.

Way too many refuse to not believe the science and feel it is a violation of their constitutional rights to be ordered to be vaccinated which is absolute nonsense. For over a hundred years, it has been well settled United States Supreme Court law that government can mandate vaccines of citizens to deal with health care crises as was the case with the Spanish Flu Pandemic in 1918. Further, vaccinations for children have been mandated for decades to attend public schools. Small pox and polio vaccination mandates have also been around for decades.

It would have made sense a year ago to spend $60 million of public funds for masks and tests before the vaccines. It does not make much sense now with 3 vaccines developed, offered for free, and with 70% of new cases and 84% of hospitalizations and deaths made up of people who are not fully vaccinated or who refuse to get vaccinated. It not at all likely if you refuse to be vaccinated that you will wear a mask let alone stick a swab up your nose for a Covid 19 test.

As odd as it may sound to some to pay hold outs to take the vaccinations, there are more than a few examples of people getting compensated in a health setting. Those examples include paying people to donating plasma or taking part in medical studies. Many companies also offer financial incentives for employees who take part in wellness programs, including reducing health insurance premiums or funding a worker’s health care account.

https://www.today.com/health/should-people-be-paid-get-covid-19-vaccine-t201847

After two years, making high end masks and Covid 19 tests available will have short term benefits. The long term goal is to get the states 755,447 remaining population vaccinated. (NM total population of 2,117,522 – number of fully vaccinated 1,362,075 = 755,447). Simply put, until everyone is vaccinated, the pandemic will continue.

What the New Mexico legislature should explore is to allocate funding to continue to educate the population on the safety of the vaccines. Further, cash incentives and gift cards to people to get vaccinated or receive booster shots need to be offered.

The blunt truth is, you have no constitutional rights if you are dead from COVID 19. You have no constitutional right to be reckless and intentionally catch and spread a contagious disease that results in death of another. Please do the right thing, get the damn vaccine so we can put an end to this pandemic.

“Superintendent of Police Reform and Deputy Chief Administrative Officer” To Pay $155,001.60 To $185,016.00 Annually; National Search Announced But Expect Another Insider Appointment

On March 9, 2021, Mayor Tim Keller announced that Harold Medina had been selected as the new Chief of the Albuquerque Police Department replacing APD Chief Michael Geier who Keller had terminated. Keller also announced the appointment Sylvester Stanley as “Superintendent of Police Reform” and Deputy Chief Administrative Officer a newly created position. Stanley was placed in charge of the police academy, internal affairs including discipline and use of force review.

Stanley has a lengthy and distinguished career in law enforcement, but regrettably, has absolutely zero experience in implementing DOJ reforms and constitutional policing practices such as that mandated by the Court Approved Settlement Agreement. It was believed by city hall observers that the Stanley appointment was nothing more than a political ploy by Mayor Keller to deflect criticism in an election year that APD has been a failure with the reforms.

Mayor Keller said of the Stanley appointment at the time:

“It was simply unrealistic and a real disservice to the realities of crime and reform to think that one leader can solve all of our challenges. … It just simply takes two in this case.”

https://www.krqe.com/news/politics-government/mayor-keller-to-announce-new-leadership-for-apd/

On December 1, 2021, after a mere 8 months on the job, Interim Superintendent of Police Reform Sylvester Stanley announced his retirement at year’s end. Once Stanly announced his retirement, Mayor Tim Keller announced he was launching a “national search” for the position. Keller in his announcement had this to say:

“[We are looking for] an experienced professional to lead this cutting edge position [and] who is dedicated to police reform. … We developed this innovative position to bring about a new era for our police department. … Our Superintendent of Police Reform works hand and hand with our Chief so that each leader can focus on their core duties while supporting one another for the most benefit for the department and the community.”

https://www.abqjournal.com/2450956/interim-superintendent-of-police-reform-to-retire.html

If Keller’s history of national searches for an APD Chief is any indication, no one should hold their breath and nor expect an outsider to be appointed to the position Superintendent of Police Reform and Deputy Chief Administrative Officer. It likely applicants will be solicited and APD insiders will also apply, the city will go through the sham of interviews and Keller will appoint someone already with APD or who is retired APD and who is willing to come back.

PUBLISHED JOB DESCRIPTTION

The published city job description for the position of Superintendent of Police Reform and Deputy Chief Administrative Officer in and of itself makes an interesting read and for that reason merits publication in full. What is important to note is that the position will pay $155,001.60 to $185,016.00 annually, the position is an unclassified at-will position appointed by the Mayor and as a result subject to confirmation by the Albuquerque City Council.

The fact that the position will also be a Deputy Chief Administrative Officer dictates that whoever holds the position will be one of only 2 Deputy Chief Administrative Officers below Mayor Tim Keller and Chief Administrative Officer Sarita Nair.

Following is the full job description with a link to the city page where you can apply:

JOB TITLE: Superintendent of Police Reform and Deputy Chief Administrative Officer

Salary: $155,001.60 – $185,016.00 Annually

Job Type: Full Time

Department: Police

Job Number: 2200579

Closing: Continuous [until filled]

Position Summary

“The City of Albuquerque is looking for an experienced professional to lead a cutting-edge office dedicated to police reform. Overseeing discipline and training, the Office of the Superintendent of Police Reform sits at the heart of culture change at the Albuquerque Police Department. The Superintendent of Police Reform is an executive-level position, developed to ensure that constitutional policing reforms are transparent and effective. As a direct report to the Mayor and Chief Administrative Officer (CAO), the Superintendent will provide candid assessments of the Police Department’s implementation of reform initiatives. The creation of an independent position institutionalizes this role, so that reform measures will continue regardless of court or federal involvement.

Because the Police Academy is integral to both training and creating a culture that embraces reform, the Superintendent will directly oversee all Academy operations. This includes cadet training, continuing education, development of innovative curriculum, and creating a continuous feedback loop between issues in the field and training topics. The Superintendent will ensure compliance with court-approved settlement agreement (CASA) requirements related to training.

Recognizing what the Department of Justice has described as the inherent need for internal affairs to exercise independence and have some separation from institutional politics and pressures, the Superintendent will also directly oversee all internal affairs matters related to the Police Department. Exercising the delegated authority of the CAO, the Superintendent will have the final say on police disciplinary matters. The Superintendent will ensure consistency and fairness in the application of disciplinary policies and compliance with CASA requirements related to discipline. The Superintendent will also develop policies and practices to ensure that the Police Department has a wide range of tools to foster culture change, in addition to discipline.

The ideal candidate has experience working within a law enforcement agency that has been through the reform process, and possesses exceptional leadership, analytical and communication skills. In addition, the ideal candidate possesses significant experience as a police officer working in both field and investigative units, project management experience, and experience with inter-agency partnerships.

This is a safety sensitive position subject to random drug/alcohol testing.

This position subject to confirmation by the Albuquerque City Council.

This is an unclassified at-will position.

Job descriptions are intended to present a general list of tasks/duties performed by employees within this job classification. Job Descriptions are not intended to reflect all duties performed within the job.

Minimum Education, Experience And Additional Requirements

• Bachelor’s Degree or higher from an accredited college or university in a law enforcement related field preferred.
• Ten (10) years or more of progressively responsible and supervisory experience working in or with law enforcement or other public safety agency(ies) or equivalent preferred.
• Experience supervising in an organized (union) environment preferred.
• Ability to successfully pass a background investigation.
• Ability to obtain a valid New Mexico Driver’s License.
• Ability to obtain a New Mexico Law Enforcement Certification: Must currently hold a law enforcement certification and be eligible to qualify for the New Mexico Law Enforcement Certification by Waiver course (Non-NM applicants).

Preferred Knowledge

• Principles and practices of police reform and constitutional community policing
• Principles and practices of employee disciplinary policies and best practices
• Principles and practices of project management
• Administrative organization principles
• Principles and practices of management and staff supervision.
• Principles and practices of crime reduction strategies
• Contract negotiation and administration
• Conflict resolution techniques
• Principles of budget development and monitoring including development of control measures to remain within budget
• Computer systems and applications
• Principles and techniques for persuasive presentation of ideas and concepts in both oral and written formats
• Municipal government and organization
• Applicable Federal, State and local laws and regulations
• Understanding of collective bargaining agreements

Preferred Skills & Abilities

• Plan and coordinate project work, timelines, roles and responsibilities; establish, evaluate and implement administrative/operational policies, practices and procedures; assess, develop and administer appropriate organizational and staffing structures
• Assess, procure and implement multi-user data collection and analysis systems.
• Supervise and direct multiple and diverse functions
• Prepare, develop and administer a large and complex budget system; negotiate and administer a variety of contracts; employ cost containment strategies
• Develop and maintain positive relationships with community leaders, organizations, businesses and staff; coordinate a variety of projects and activities inter-departmentally and with outside agencies; plan, organize, direct and coordinate a variety of functional specialties and activities with overlapping work areas
• Provide leadership and direction to staff; supervise and direct subordinate professional and support staff; interpret and enforce administrative/operational polices, practices and procedures; analyze and solve problems of a complex nature; maintain departmental and state safety standards
• Analyze complex technical, administrative information and/or telecommunications systems problems, evaluate alternative solutions and recommend or adopt effective courses of action
• Communicate effectively and persuasively; speak in large and small group settings; prepare and analyze comprehensive reports; conduct staff meetings
• Exercise sound independent judgment within general policy guidelines
• Establish and maintain effective work relationships with those contacted in the performance of required duties
• Work effectively with diverse community groups
• Encourage and leverage different perspectives, wisdom and experience of group members
• Develop inclusive solutions
• Cultivate shared responsibility and collective accountability
• Perform the essential functions of the job with or without reasonable accommodation”

The link to the Job Description and application is here:

https://www.governmentjobs.com/careers/cabq/jobs/3325568/superintendent-of-police-reform-and-deputy-chief-administrative-officer-un

OUTSIDER NEEDED TO EFFECTUATE REAL CHANGE

It was during an April 15, 2021 hearing when Federal Judge Browning, who presides over the APD Court Approved Settlement Agreement that mandates 271 reforms, asked Federal Monitor James Ginger what his thoughts were on the appointment of Chief Harold Medina as the new APD Chief and Sylvester Stanley as Superintendent of Police Reform and Deputy Chief Administrative Officer.

Dr. Ginger’s response was less than enthusiastic. Dr. Ginger thought then, as is now, that APD needs an “external chief” or an “outsider” and in his words someone “nationally” with experience in DOJ reforms. Ginger expressed the opinion that such an outside person was needed to “effectuate real change” within APD.

On December 16, 2021 during the all-day hearing on the 14th Federal monitor’s report, Judge Browning asked Ginger “how deep are the leadership problems at APD” and what can be done to solve those problems. Ginger’s response was far more forthcoming than it has been in the past. Dr. Ginger stated that the problems with APD is “failed leadership”. According to Ginger the only thing that is going to change things and stop what is going on at APD is removing the existing leadership. Ginger told Judge Browning the leadership problems start from the top executive team and goes down through management to the rank file. Ginger testified that 80% of the issues APD is still faced with in the CASA can be dealt with by a change in leadership.

Federal Monitor Ginger has no management nor control over APD Personnel. He has no authority to hire nor fire. Ginger has repeatedly emphasized that all he can do is make recommendations. Ginger made it clear that Mayor Keller and the City were free to hire whoever they want as Chief, that he could not object, but only offer his opinion that APD needs someone from the outside.

COMMENTARY AND ANALYSIS

The position of “Superintendent of Police Reform” was never a good fit for Sylvester Stanly in that he had absolutely no background nor understanding of the DOJ consent decree reforms and zero experience in implementation constitutional policing practices. The Stanly appointment was always considered interim which was the reason 2nd Deputy Chief Eric Garcia was appointed as “Deputy Superintendent of Police Reform” in that he has been working on the DOJ reforms from the get go. When you read the entire job description it reads like it was written with Deputy Chief Eric Garcia in mind for the job to replace Stanly.

DEPUTY CHIEF ERIC GARCIA

Deputy Chief Eric Garcia has been with the Albuquerque Police Department since June of 1990. He was a patrol officer from 1990-1993 then moved to the Domestic Abuse Response Team. From 1995-1998, Garcia was with the Gang Unit and was then promoted to Sergeant. In 2004, Garcia was promoted to Lieutenant working with the Field Services Bureau in what are now the Northwest and Southwest Area Commands. DC Garcia worked in Operations Review for some time then was promoted to Commander in 2007 over Property Crimes, Metro Traffic Division and the Special Investigations Division.

Deputy Chief Eric Garcia was first appointed a Deputy in December, 2017 when Mayor Keller was sworn into office for his first term . It was on June 30, 2021 that it was announced that APD Deputy Chief Eric Garcia would be both the 2nd Deputy Chief and would additionally take on responsibilities of the “Deputy Superintendent of Reform” to assist Superintendent Sylvester Stanly. DC Garcia oversees the Internal Affairs Division, both Professional Standards and the Force Division. Additionally, he is in charge of crisis intervention, peer support, and behavioral sciences.

https://www.cabq.gov/police/news/apd-names-promotions-to-deputy-chief-leadership-positions

After the Court Approved Settlement Agreement (CASA) was approved in November, 2014 by the prior Republican Administration, Deputy Chief Eric Garcia was assigned the task of implementing the reforms and did what he could under the critical eye of Chief Gordon Eden who often would interfere. Deputy Chief Eric Garcia, in addition to being a Deputy Chief under Harold Medina, also serves as “Deputy Superintendent of Police Reform”. Garcia survived the high command purge 4 years ago when Keller was sworn in and he was one of 3 Deputy Chiefs Keller essentially hand picked by giving his approval.

Given the amount of pay the “Superintendent of Police Reform and Deputy Chief Administrative Office” earns, it is far more likely than not the 2nd Deputy Chief Eric Garcia will apply for the position. As was the case with his appointments of Chief Michael Geier and Harold Medina, and for a third time, Mayor Keller will go through the motions of a sham national search only to appoint another APD Insider to a high-ranking position. Mayor Tim Keller’s heavy reliance on APD’s past leadership and management practices with a department resistance to any kind of reform change no doubt is the primary reason the department after over 7 years of the consent decree is no closer to implementing the reforms.

A link to a related blog article is here:

Top Heavy APD High Command Staff Goes From 3 to 6 Deputies With 5 APD Insiders; New Level Of APD Bureaucracy Created With 16 “Deputy Commander” Positions; “Outsiders” Needed To “Effectuate Real Change”; 2 Sham National Searches For Chief; Sham Anticipated For “Superintendent of Police Reform”

2021 City Final Homicide Tally Shatters City’s Record Despite Keller and APD Initiatives Over Last 4 Years; Recalling 4 Police Officers Wounded In 2021

The final tally of murders in the city for 2021 is in and it shatters the previous 2019 record by 36 murders. The total number of homicides that occurred within the city limits was 117.

Following is the raw data breakdown:

Total Homicides: 117
Number of “justified homicides” excluded from total: 10
Per Capita Number: 20.8 per 100,000
Number of homicides Involving guns: 97
Number of cases solve or closed: 40
Number of case solved from previous years: 10
Oldest victim: 66
Youngest victim: 2

The link to quoted source material is here:

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

The first homicide of 2021 happened on January 8 and the last occurred on December 31. Not at all surprising is that it is believed that the dramatic increase in homicides and robberies is drug related.

MOST SHOCKING MURDERS NOTED

Although the murder of anyone is shocking, of the 117 murders, 3 stood out.

SERIAL KILLER

The most shocking murders of the year occurred on March 5 when four dead bodies were found inside a car at the Albuquerque International Sunport. Forty-seven-year-old Sean Lannon was eventually charged with the murders which included that of his own wife. He was arrested shortly after police found he allegedly killed a man in New Jersey. Three of the victims were identified as Matthew Miller, Jennifer Lannon and Jesten Mata, with all 3 from Grants and with all 3 disappearing around the same time since January.

APD spokesman Gilbert Gallegos said at the time:

“Our detectives, I can say at this point, when they were out there in New Jersey did learn that Mr. Lannon claimed to killed an additional 11 people in the Grants and Cibola County area.”

According to Gallegos, Lannon claimed at a court hearing the 11 other New Mexicans he killed were drug dealers.

https://www.koat.com/article/apd-confirms-four-victims-found-at-sunport-friday/35757463

KILLING AT A MIDDLE SCHOOL

Another shocking murder occurred on August 13 at Washington Middle School when Bennie Hargrove, age 13, was shot and killed by a fellow classmate, Juan Saucedo J.R., after Hargrove reportedly confronted him about bullying his friends. Juan Saucedo Jr. is facing a first-degree murder charge, but because of his age, Saucedo Jr. cannot be legally tried as an adult and he will be tried in juvenile court. But because of the offense, he would be subject to adult or juvenile sanctions, depending on the sentencing judge, but only if he is found guilty.

https://www.koat.com/article/new-mexico-middle-school-shooting-albuquerque/37976810

HOLLOWEEN PARTY MURDERS

A Halloween party turned deadly when a group of young thugs in hoodies and masks opened fire at the party killing two and wounding two others. Detectives with the Bernalillo County Sheriff’s Department say a group of guys went to a party in Albuquerque and opened fire. When it was over, four people were shot and two of them died. Police body camera video released shows a deputy pulling up to the house on Pajarito Road where the party and shooting took place. A man was found in the front yard, not moving. Inside the house another man was found lying on the floor, not moving. A third gunshot victim was found still alive. In another room a fourth victim was found talking and breathing and he had a gunshot wound to the leg.

https://www.koat.com/article/bcso-body-camera-video-halloween-party-

FOUR APD OFFICERS SERIOUSLY WOUNDED IN LINE OF DUTY

In 2021, there was another shooting incident that must be noted involving 4 APD police officers. But for the grace of God no APD Officer was killed but 4 were seriously injured and could have died protecting the community.

On Thursday, August 19, four Albuquerque Police Officers were injured following a shooting in northeast Albuquerque. The shooting happened as officers responded to a robbery by the Dutch Bros. near Mountain and Juan Tabo. Two suspects were taken into custody related to the incident. The first suspect was wounded and taken into custody shortly after the shooting unfolded. The first suspect was taken to the University of New Mexico Hospital (UNMH) for medical treatment. APD announced via Twitter at 12:34 a second suspect was taken into custody. APD believe there are no other outstanding offenders however several others were detained in the process of the investigation.

According to news reports, APD Police charged by criminal complaint in Metro Court a person identified as James Ramirez, 27, of Los Angeles with three counts of aggravated battery against a police officer, armed robbery, possession of a firearm by a felon and resisting evading or obstructing an officer. Ramirez has no criminal history in New Mexico but, according to court records, is a convicted felon in California.

All 4 of the injured APD officers have each been with APD for more than 10 years. The 4 police officers are:

Officer Mario Verbeck: It was Verbeck who dispatched to the call. He was shot in the neck and arm. On Friday, August 20, he remained in critical condition at the University of New Mexico Hospital but was able to recover and released. Officer Verbeck is a a 17-year veteran with the department and joined the department in2004.

Officer James Eichel Jr.: Eichel was sent to assist Verbeck on the call. He was shot in the forearm and was hospitalized. He has been with APD since 2009.

Officer Harry Gunderson: He was struck in the eye by shrapnel. He has been with the department since 2004.

Sgt. Sean Kenny: He was shot in his bulletproof vest, sustained minor injuries and was released from the hospital. He has been with APD since 1999.

Links to related blog articles are here:

https://www.petedinelli.com/2021/08/20/officer-down-1-apd-officer-in-critical-condition-3-officers-wounded-2-suspects-arrested-with-1-injured-man-charged-with-felonies-chief-medina-blames-justice-system-union-blame/

https://www.petedinelli.com/2021/08/25/the-4-apd-police-officers-injured-in-line-of-duty-served-the-city-with-distinction-and-honor-apd-police-union-president-willoughby-gaslights-and-falsely-shouts-fire-in-a-crowed-th/

APD CHIEF MEDINA REACTS TO 117 MURDERS

APD Police Chief Harold Medina said after a very violent year it is time the courts hold repeat violent offenders accountable, so they don’t continue to terrorize the streets and he had this to say:

“I think court leadership from the very bottom all the way to the top needs to listen to what the people in Albuquerque want. They want us to be tough on violent criminals, and they want violent criminals to stay in jail.”

https://www.koat.com/article/deadliest-year-albuquerque-homicide-apd-2021/38652595?utm_campaign=snd-autopilot&fbclid=IwAR3CPuo0sYd0K80NuQrlASuElI6f0balNQanorq5BoOAVTsDI_6oAisCKwoof-117-d.html

MEDINA’S PREVIOUS RECOMMENDATIONS TO THE PUBLIC

On Monday, November 8, APD Chief Harold Medina held a remarkable press conference to discuss the then 101 homicides for the year. Medina said APD is undertaking many initiatives and programs to bring down homicides but many of the initiatives take time. According to Medina, APD is seeing high numbers of homicides related to parties, motels and road rage. Medina’s advice to the public to help stop the spike in homicides was simplistic:

1. He urged members of the public to take steps to protect themselves by not posting on social media if they’re having a party so uninvited guests don’t show up and start fights.

2. Not to honk at people who cut them off so as not to provoke a road rage incident.

3. Not to frequent certain motels in the middle of the night to buy or sell drugs.

Any police Chief who tells the public do not post a party on FACEBOOK, do not honk at people that may result in road rage, and do not to buy or sell your drugs at motels in the middle of the night as a solution to reducing homicides is a total embarrassment. Exactly what the hell was Medina thinking and what was Medina saying when he said:

“I mean, many times we’ve seen this; we have a rash.”

APD Chief Medina’s “rash” of homicides is more like a terminal crime cancer that Medina has been unable to deal with for the past 4 years working for Mayor Tim Keller.

The link to reported source material is here:

https://www.abqjournal.com/2444440/apd-chief-responds-to-100-homicides-in-the-city.html

FOUR YEARS OF HISTORICAL HIGH HOMICIDE NUMBERS AND FAILED PROGRAMS

In 2018 there were 69 homicides the first full year of Mayor Keller’s term. In 2019, during Mayor Keller’s second full year in office, there were 82 homicides. Albuquerque had more homicides in 2019 than in any other year in the city’s history. The previous high was in 2017 when 72 homicides were reported. The previous high mark was in 1996, when the city had 70 homicides. The year 2020 ended with 76 homicides, the second-highest count since 1996. The decline dropped the homicide rate from 14.64 per 100,000 people in 2019 to about 13.5 in 2020. 2021 has now ended with the city shattering the all time record with 117 homicides in one year and a per capita murder rate of 20.8 per 100,000.

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

In 2019, Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates . Those APD programs are: the Shield Unit, Declaring Violent Crime “public health” issue, the Metro 15 Operation, “Violence Intervention Plan” (VIP Program). Based on the city’s historical 117 murders in 2021, all 4 programs can be described as failures as not having any real statistical impact on reducing crime.

METRO CRIME INITIATIVE

On Thursday, September 23, Mayor Tim Keller concluded a series of meetings with law enforcement and community partners to address what all participants called the “broken criminal justice” system. The conference was dubbed the “Metro Crime Initiative.” It concluded with a news conference at the Albuquerque Police Department’s (APD) Real Time Crime Center to announce the results of the meetings. During the September 23 concluding press conference, local leaders admitted they have not been providing enough protection and resources to keep people safe. A list of 40 action items were revealed with the hope that once implemented they will lower Albuquerque’s crime efficiently and quickly. A link to a blog article listing the 40 action items is here:

https://www.petedinelli.com/2021/09/27/its-not-a-broken-criminal-justice-system-but-the-failure-of-stakeholders-to-do-their-jobs-metro-crime-initiative-announces-40-point-action-plan-to-red/

The entire “Metro Crime Initiative” started with the phony proposition declared by Mayor Keller and all the participants that our criminal justice system is broken. It ended with a press conference with all the participants patting each other on the back for doing such a good job and asserting they have found the solution.

When you examine the “check list” of the 40 different proposals that were the result of the Metro Crime Initiative, the proposals are essentially what all the participants have been working on over the past 2 years and include many programs already announced and that are still failing. The list contains nothing new. The items listed are ones that the participants should have been doing in the first place. The 40 proposals are essentially an admission by many of the participants that they have not been doing their jobs effectively from the get go.

COMMENTARY AND ANALYSIS

Now that Mayor Tim Keller has won a second four-year term, he probably is wondering exactly what the hell he has gotten himself into. It’s the very definition of insanity to keep doing the same thing over and over again and to expect a different outcome. Mayor Keller is still faced with fact that the city’s homicide rate has now broken the historical high 3 times during his first term.

After 4 years in office, Mayor Tim Keller under his leadership still has a police department that is failing miserably to police itself, that is in a catastrophic meltdown and unable to bring down our historically high homicide rates. Getting second chances to get it right are few and far between. Keller winning a second term is a second chance. The downside to winning a second term for Mayor Tim Keller is that nothing is going to change much for him over the next 4 years and neither is APD nor is our high murder rates, unless he does things differently and makes dramatic changes at APD.

The link to a related blog article is here:

Top Heavy APD High Command Staff Goes From 3 to 6 Deputies With 5 APD Insiders; New Level Of APD Bureaucracy Created With 16 “Deputy Commander” Positions; “Outsiders” Needed To “Effectuate Real Change”; 2 Sham National Searches For Chief; Sham Anticipated For “Superintendent of Police Reform”