The term “to dupe someone” is loosely defined as to trick someone into doing your bidding by telling someone something that is not true or to convince someone into doing something that is ill advised or downright stupid. New Mexico Party Chairman Steve Pearce has kept his word to initiate a civil complaint against Governor Michelle Lujan Grisham to stop her emergency health orders that have closed businesses. However, what he has done is to get private businesses to do his dirty work for him by having the Republican Party promising to pay for the litigation, but not be a party to the lawsuit.

It has been reported that 7 businesses in six New Mexico cities have filed a civil law suit against Governor Michelle Lujan Grisham claiming that she is unfairly fining them if they decide to stay open against her public health orders. The civil suit was filed in Curry County District Court and it is being funded by the Republican Party. The businesses suing are Frontier Auto and Body and Sol Fitness in Lovington, K-Bob’s Steakhouse in Clovis, Monroe’s Restaurants in Albuquerque, an outdoor market in Socorro, Colfax Tavern & Diner in Maxwell, and J. Jones Massage in Hobbs.

GOP Party Chairman Steve Pierce explained it this way:

“The governor is overreaching. … She does not have the capability under the law as we read it that allows her to levy the $5,000 fine. … I do not think that many magistrate judges are going to put people in jail and I do not think they are going to try to find them guilty of trying to keep their business a live and afloat. … A lot of businesses would take the hundred-dollar risk. I will open up and then go to court and if I lose, I will pay a hundred bucks. it is way different for them to open and I may get a $5,000 fine.”

https://www.koat.com/article/businesses-sue-governor-with-help-from-republican-party/32634080

“The governor is mixing two laws; she’s taking the enforcement from one law and applying it to the other. … Under the law that she’s shutting down businesses, she really only has the opportunity to levy the equivalent of a parking ticket, she can give a misdemeanor fine for $100 bucks. … You can’t intimidate people, you don’t have the right to levy those $5000 dollar fines, you can put a hundred dollar fine, but you’ve got to prove that in court. … I think we’re going to give a pathway for every business in New Mexico to open up, and then the governor has to close them down individually, and I only risk 100 dollars each.”

https://www.krqe.com/health/coronavirus-new-mexico/republican-party-of-new-mexico-backs-lawsuit-against-gov-lujan-grisham-and-administration/

On May 27, it was reported that Monroe’s Restaurants in Albuquerque has withdrawn from the lawsuit. Kathy Diaz, co-owner of Monroe’s Restaurants, gave no reason for withdrawing from the lawsuit challenging the state’s threat of $5,000 fines for violating New Mexico’s public health orders. Diaz voluntarily dismissed the restaurant claims in a short court pleading filed on Friday, May 22.

https://www.abqjournal.com/1459729/monroes-owner-withdraws-from-suit-on-health-orders.html

TWO SEPARATE AUTHORIZATION STATUTES

The two laws at the center of the lawsuit are the “Public Health Act” and the “Public Health Emergency Response Act.” The Public Health Act is the law the state has been using to temporarily close businesses and it allows for the state to levy $100-dollar criminal fine against non-compliant businesses, per day. The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses a civil fine of up to $5,000 per day. Note that the actions for violations of the “Public Health Act” are criminal and that violations of the “Public Health Emergency Response Act” are civil.

“PUBLIC HEALTH ACT”

In 1973, the New Mexico Legislature enacted the New Mexico Public Health Act (NMPHA), section 24-1-3, et. seq., (Laws 1973, Chapter 359, as amended) which is administered and enforced by the New Mexico Department of Health. It outlines the powers and authority of the department. There are at least 12 specific provisions of the NMPHA that empowers the department by and through the Governor by appointment of the cabinet secretary. Those sections are:

Section 24-1-3 (C) empowers the department to investigate, control, and abate causes of disease, especially epidemics, sources of mortality, and other conditions of public health.
Section 24-1-3 (D) empowers the department with the authority to establish, maintain and enforce isolation and quarantine.
Section 24-1-3 (E) empowers the department with authority to close any public place and forbid gatherings of people when necessary for the protection of the public health.
Section 24-1-3 (K) Ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;
Section 24-1-3 (L) Ensure a competent public health workforce;
Section 24-1-3 (M) empowers the department to bring action in court for the enforcement of health laws and rules and orders issued by the department;
Section 24-1-3 (P) Cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;
Section 24-1-3 (Q) empowers the department to maintain and enforce rules for the control of conditions of public health importance;
Section 24-1-3 (R) empowers the department to maintain and enforce rules for immunization against conditions of public health importance;
Section 24-1-3 (U) Sue and, with the consent of the legislature, be sued
Section 24-1-3 (X)Inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;
Section 24-1-3 (Z) provides that the health department do all other things necessary to carry out its duties.

CRIMINAL PENALTIES PROVIDED IN PUBLIC HEALTH ACT

The New Mexico Public Health Act also contains a criminal penalty provisions that can be sought and enforced for violations of the Health Department orders. The state police issues criminal citations that are misdemeanors that carry a maximum $100 fine and 6 months in jail. The penalty provision of the Public Health Act provides as follows:

NMSA§ 24-1-21. Penalties

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court.

The attorney general shall represent the department.”

Links to review the entire Public Health Act can be found here:

https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/

https://www.lawserver.com/law/state/new-mexico/nmstatutes/new_mexico_statutes_24-1-1

“PUBLIC HEALTH EMERGENCY RESPONSE ACT”

The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses an up to $5,000 fine per day. In 2003, the New Mexico legislature also enacted the Public Health Emergency Response Act. The act empowers the Governor to issue executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic.

It is section 12-10A-5 that empowers the Governor to declare a state of public health emergency and it provides as follows:

A. A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

E. Upon the termination of a state of public health emergency, the secretary of health shall consult with the secretary of public safety and the director to ensure public safety during termination procedures.

CIVIL PENALTIES PROVIDED IN PUBLIC HEALTH EMERGENCY RESPONSE ACT

The “Public Health Emergency Response Act” is civil in nature and as such provides for enforcement by the Secretary of Health and for $5,000 civil penalties as follows:

“12-10A-19. Enforcement; civil penalties.

C. The enforcement authority provided pursuant to the provisions of the Public Health Emergency Response Act is in addition to other remedies available against the same conduct under the common law or other statutes of this state.”

Link to the New Mexico Public Health Emergency Response Act are here:

https://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch12art10a-712b.html

https://www.bernco.gov/uploads/files/PublicSafety/PHLH–Article%2010A%20Public%20Health%20Emergency%20Reponse.pdf

RESTAURANTS CAN RE OPEN TO LIMITED OUTDOOR DINING

On May 26, Governor Michelle Lujan Grisham’s announced that she amended her public health order so that restaurants can reopen outdoor patio areas that have been closed for more than two months. The announcement is the first step in to broader restaurant reopening’s. Lujan Grisham said the state’s progress in slowing the spread of COVID-19 has allowed her administration to begin loosening restrictions and said in a statement:

“I greatly look forward to being able to continue to ease the restrictions imposed on us by this heinous virus – provided that we continue on the right track and New Mexicans take every necessary precaution, whether in an individual capacity or as a business-owner.”

Under the amended order, effective Wednesday, May 27, outdoor dining is permitted but with restrictions. Under the amended public health order, restaurants can have no more than six customers allowed to sit together at a table. Outdoor restaurant dining will be limited to 50% capacity in order to to allow for social distancing. The revised order will NOT mandate that restaurants obtain contact information from its diners as previously proposed. Customers can decide whether they want to share their personal contact information.

https://www.abqjournal.com/1459685/nm-giving-restaurants-green-light-to-reopen-limited-outdoor-dining.html

COMMENTARY AND ANALYSIS

Under the law, a single act of conduct can have both a criminal and a civil component at the same time. A good example is when a person is charge and found guilty of driving while intoxicated and sentence to jail and is also sued civilly by the driver of another vehicle he has hit and injured.

The suit, which is being funded by the Republican Party, is claiming that the governor is picking and choosing two different laws to cite businesses. It’s likely the Republican Party has been advised that it does not have standing to file the lawsuit and hence it recruited businesses to file the lawsuit and agreed to pay the attorney’s fees for them.

What apparently is not understood is that the State and the Governor are empowered to enforce the criminal statute consisting of the “Public Health Act” and the civil statute consisting of the “Public Health Emergency Response Act”. A business can be cited under both laws for the same conduct.

The enforcement provision of the Public Health Emergency Response Act is very clear and Section 12-10A-19 C provides:

“The enforcement authority provided pursuant to the provisions of the Public Health Emergency Response Act is in addition to other remedies available against the same conduct under the common law or other statutes of this state.”

When Steve Pearce says “The governor is mixing two laws; she’s taking the enforcement from one law and applying it to the other” he shows his ignorance of the law in that a business can be charge separately for violations of both statutes and based on the same conduct. Steve Pearce needs to refrain from the practice of law without a license. He also may want to confirm that the attorneys the Republican Party he has hired to file the lawsuit understand the difference between criminal law and civil law.

Now that the Governor has begun the reopening of restaurants across the state, many of the arguments Steve Pierce has made are evaporating like Elephant Butte Lake. The Republican Party may want to save a little money, and a little face at the same time, and convince the 6 remaining businesses to dismiss their lawsuits, which is totally up to the litigants. If they decline, Pierce would be smart to say the Republican Party will no longer pay for the frivolous lawsuits he encouraged, unless of course he wants to open up his own fat wallet to beat a political dead horse.

A photo of a man participating in a protest in Farmington, New Mexico against Governor Lujan Grisham’s stay at home orders and business closures has been circulating on FACEBOOK. The man is holding in one hand a protest sign that says “WHAT’S NEXT? CONCENTRATION CAMPS? CLIMATE CHANGE LOCKDOWN? GUN CONFISCATION?” The handmade sign was inflammatory enough, but the protester took it a step further by desecrating the official New Mexico state flag. The red ZIA symbol on the yellow New Mexico State flag was altered with a matching red bar emblazoned to the right of each grouping of four bar spikes resulting in the ZIA symbol taking on the appearance of a swastika. Coupled with the signs message, the unmistakable image conveyed was that of a World War II Nazi Swaztika. The protester should be shamed and told to go to hell in no uncertain terms.

There are 23 Indian tribes located in New Mexico consisting of 19 Pueblos, three Apache tribes consisting of the Fort Sill Apache Tribe, the Jicarilla Apache Nation and the Mescalero Apache Tribe and part of the Navajo Nation. New Mexico’s Native American population makes up nearly 10.5% of the state’s entire population. Both the Zia symbol and the swastika have far more significance to the New Mexico Native American tribes and pueblos than most people, especially newcomers to the state, do not know about or who are plain ignorant about the significance of the symbols. Both symbols deserve a short explanation as to their historical and traditional meaning.

THE ZIA SYMBOL

The people of the Zia Pueblo in New Mexico regard the sun as sacred. The ZIA symbol consists of a circle symbolizing the sun with 4 groups of 4 rays pointing in 4 directions, right and left, top and bottom, radiating outward from the circle. The Zia symbol can be found painted on ceremonial vases, used to introduce newborns to the sun, and is featured in red on the bright yellow New Mexico state flag.

The circle of the ZIA symbol represents the ever-revolving sacred aspects one must develop throughout life consisting of a strong body, a clear mind, a pure spirit, and a devotion to the well-being of others.

The number four is embodied in the 4 separate groupings radiating from the circle that symbolizes:

• The 4 directions of north, south, east, and west
• The 4 seasons of the year of spring, summer, autumn and winter
• The 4 periods of each day of morning, noon, evening and night
• The 4 stages of life of childhood, youth, middle years and elderhood

https://www.jessicawhitten.com/meaning-of-zia-symbol.html

THE NATIVE AMERICAN SWASTIKA

The swastika in the form of an upright X with the ends bent to the right direction is a widely used Native American symbol. It was used by many southwestern tribes, most notably the Navajo. Among different Indian tribes the swastika carried various meanings. To the Hopi it represented the wandering Hopi clans, to the Navajo it represented a whirling log ( tsil no’oli’ ), a sacred image representing a legend that was used in healing rituals.

The original meaning of this ancient sacred symbol is one of life and prosperity. The swastika is one of the oldest symbols made by humans, and dates back some 6,000 years to rock and cave paintings. Scholars generally agree it originated in India. With the emergence of the Sanskrit language came the term ‘swastika’, a combination of ‘su’, or good, and ‘asti’, to be; in other words, well-being.” The swastika is also an important symbol in Hinduism and Buddhism, among others, and was also used in Native American and Jewish faiths prior to World War II. By the early twentieth century it was regarded worldwide as symbol of good luck and auspiciousness.

THE NAZI GERMANY SWASTIKA

During World War II, Adolph Hitler adopted a hideous use of the swastika totally contrary to its original meaning. The flag of Nazi Germany, officially the flag of the German Reich, is a very bright red flag with a very black swastika on a white disc. Following the rise to power of Adolf Hitler as Chancellor in 1933, the flag was adopted as one of Germany’s dual national flags, the other being the black-white-red horizontal tricolor of the German Empire.

Hitler was convinced that a potent symbol would rally the masses to his very sick xenophobic cause. Hitler was attracted to the swastika because it conveyed the image of ongoing movement. With a black swastika, called the Hakenkreuz in German, or hooked cross, tilted 45 degrees on a white circle set against a red background, the Nazi banner modernized the ancient symbol while evoking the colors of the recently defeated German empire. Today, the images from Charlottesville, Virgnia with white supremacists marching with Nazi banners is a reminder that the swastika remains a potent symbol of racist hate contrary to its historical meaning.

https://en.wikipedia.org/wiki/Flag_of_Nazi_Germany

https://theconversation.com/how-nazis-twisted-the-swastika-into-a-symbol-of-hate-83020

NEW MEXICO STATUTE MADE IT A CRIME TO DESECRATE OR BURN FLAG BUT IT IS A FORM OF PROTECTED FREE SPEECH

In 1953, the State of New Mexico like many states made it a crime for anyone to desecrate the state or national flags by “painting, printing, stamping or otherwise placing any name or object not connected with the patriotic history of the nation or the state.” (30-21-4. Improper use of official symbols.) The New Mexico statute in unenforceable because of subsequent United States Supreme Court Rulings, but the state law has never been repealed.

The landmark United States Supreme Court case of Texas v. Johnson, 491 U.S. 397 (1989), ruled that flag burning is symbolic free speech protected by the First Amendment to the United States Constitution. In the wake of the Texas v. Johnson decision, congress enacted a law that prohibited flag burning. In order to try to get around constitutional challenges, the law prohibited all types of flag desecration, with the exception of burning and burying a worn-out flag, regardless of whether the action upset others. In 1990, the Supreme Court ruled in United States v. Eichman, 496 U.S. 310 that this did not cure the constitutional defect and by a 7-3 majority held that the law still impermissibly discriminated upon viewpoint and struck it down.

COVID-19 DISPROPORTIONATELY HITS NEW MEXICO NATIVE AMERICAN COMMUNITIES

On May 20, it was reported that the Navajo Nation has a higher rate of reported COVID-19 cases than New York City and has the highest rates in the country, surpassing New York state and New Jersey. According to the Navajo Department of Health, the reservation had 4,253 cases of the illness caused by coronavirus. This means it has a rate of 2,449 cases per 100,000 based on 2010 census data that reported 173,667 people living on the reservation, which spans parts of Arizona, New Mexico and Utah. One hundred forty-six people have died and at least 1,026 have recovered.

https://www.abqjournal.com/1458052/navajo-nation-passes-nyc-covid-19-rate.html

On May 13, the on line news agency New Mexico In Depth reported that while Navajo people represent the worst hit by COVID-19 in absolute numbers with Navajos representing 45% of all New Mexico’s positive cases, two of New Mexico’s Pueblo communities are being hit harder, by percentage of their population. About 11% of Zia Pueblo and 4% of San Felipe members have contracted the virus compared to about 2% of Navajo Nation members who live in New Mexico.

The largest outbreaks of COVID-19 in Pueblo tribes continue to be in Zia, San Felipe, Zuni and Kewa (Santo Domingo). An additional nine Pueblos plus the Jicarilla Apache tribe each have a handful of cases. The reported cases among tribal communities, combined, make up almost 60% of all positive cases in New Mexico. As of Monday, May 11, 50% of all people who had died of COVID-19 in New Mexico were Native American. As a group, New Mexico’s 23 tribes compose just 11% of the state population.

COMMENTARY AND ANALYSIS

There is no doubt that the State of New Mexico is one of the most diversified states in the United State. It is a major source of pride to many. Some New Mexicans would no doubt argue that racism does exist in the state. However, the racism that exists in New Mexico is not as overt as you find in other parts of the country. The extent of the racism in New Mexico does not even approach the level of the racist hate in large cities and in the deep south where white supremist organizations exist. The Southern Poverty Law Institute went so far to report that New Mexico is the only state in the country that in 2018 had no organized hate groups. For more see:

https://www.petedinelli.com/2020/01/29/no-hate-groups-in-new-mexico-but-plenty-of-gangs-to-victimize/

Native Americans have long endured unspeakable acts of hate, violence and racism. Now New Mexico Native Americans are suffering from the ravages of the corona virus to the point it has become a major threat to the pueblo’s and tribe’s sure existence and preserving their culture and traditions. The elders of the pueblos and tribes are highly respected and carry on and preserve the many traditions of their culture, including their unwritten languages and traditions. It’s the Native American elder who live on the reservations that are the most threatened by the virus.

Least anyone forget, the Navajo Code talkers were instrumental during World War II and this country’s fight to preserve our freedoms from Hitler’s Nazi Germany. It was the Navajo language that proved to be an “unbreakable code” by the Nazi’s during World War II. The World War II Navajo Code talkers who are still alive today are in their 90’s and will soon no longer be with us, but their traditions must be preserved by their tribes.

The idiots that desecrated the New Mexico flag and the ZIA symbol to make it look like a Nazi Swastika no doubt think they are patriots but they are within their rights. They are exercising their first amendment rights of free speech and expression, but that does not make is morally correct. What they are really doing is showing a degree of racism and exhibiting a form of hate speech that in no uncertain terms needs to be condemned.

The last thing New Mexico needs in these difficult times dealing with a pandemic is a bunch of idiots and fools that are insensitive to New Mexico’s symbols, cultural history and Native American traditions. The protesters who desecrated the New Mexico State Flag with a Nazi Swastika need to be told in no uncertain terms to take their hate speech elsewhere because it does not belong here. While they are at it, they can go to hell and take their Nazi Swastika with them.

____________________________________

On May 26, this blog article was posted on the Farmington Tribune FACEBOOK page. Within a few hours, the newspaper sent a single short question “What is “hate speech”? Following is the response sent:

“Thank you for your question. A newspaper asking for a definition of a term used in a political commentary article is a new one for me.

The First Amendment to the United States Constitution protects speech no matter how offensive its content. Hate speech is not confined to speech that expresses hate or encourages violence towards a person or group on the basis of race, ethnicity, gender, religion, age, or disability. Symbols can be a form of hate speech.

Under US Supreme Court rulings, the desecration of the New Mexico flag to convert the Native American ZIA symbol to a swastika was protected free speech as were the written words on the placard “WHAT’S NEXT? CONCENTRATION CAMPS? … . Combined, the desecrated flag and the reference to concentration camps conveyed the Nazi Swastika.

The Nazi Swastika is a hate symbol, a form of hate speech. According to the Anti Defamations League (ADL), “Since 1945, the swastika has served as the most significant and notorious of hate symbols, anti-Semitism and white supremacy for most of the world …”.

https://www.adl.org/education/references/hate-symbols/swastika

White Supremacy is not confined to anti-Semitism, but includes most minorities, including native Americans.

On Memorial Day, I am compelled to pay tribute to members of my family who have given so much and sacrificed so much to protect our freedoms and to protect this great country of ours. All these family members were born and lived in New Mexico, two were born in Chacon, New Mexico and the rest raised and educated in Albuquerque.

One gave the ultimate sacrifice during time of war.

My father Paul Dinelli and my Uncle Pete Dinelli, for whom I was named after, both served in the US Army during World War II when the United States went to war with Italy, Germany and Japan. The United State was at war with Italy during World War II. My father and uncle were first generation born Americans and the sons of Italian immigrants who settled in Albuquerque in the year 1900 to live the American dream. My Uncle Pete Dinelli was killed in action when he stepped on a land mine. My father Paul Dinelli was a disabled American Veteran when he returned to Albuquerque after World War II.

My uncles Fred Fresques and Alex Fresques, my mother’s two brothers, also saw extensive combat in World War II. My Uncle Alex Freques served in England and was in the Air Force. My uncle Fred Freques saw extensive action in the US Army infantry to the point that he refused to talk about what he saw to to anyone. After the war, my Uncle Fred returned to Albuquerque and raised a family in Barelas. Over many years, my Uncle Fred was active in the Barelas Community Center and was a trainer for the “Golden Gloves” competition teaching young adults the sport of boxing.

My father in law, George W. Case, who passed away a few years ago at the age 93, served in the United States Navy during World War II and saw action while serving on a destroyer. My father in law George Case was so proud of his service that he wore a World War II Veterans cap every day the last few years of his life. After the war, my father in law George Case returned to Albuquerque was married to my mother in law Laurel Del Castillo for 50 years, raised a family of 4 girls. George eventually owed a liquor store for a few years and then went on to build, own and operate the Old Town Car wash and was in the car wash industry for a number of years.

My nephew Dante Dinelli, was born and raised in Albuquerque and joined the service a few years after graduating from Cibola High School. Dante served 20 + years in the US Navy, retired as a Chief Petty Officer and to this day still works in a civilian capacity for the Navy.

My two nephews, Matthew Barnes and Brandon Barnes, the sons of my younger sister, Pauline were born and raised in Albuquerque and went to Bosque Prep. Mathew is a Major and Brandon is a Captain in the United States Marine Corps and both are climbing the promotion ladder in the Marine Corps. My nephew Captain Brandon Barnes is a graduate of the US Naval Academy. My nephew Major Matthew Barnes graduated from UNM with honors and served a tour in Afghanistan and is currently on a tour of duty.

To all the wonderful and courageous men and women who have served and continue to serve our country to protect and secure the promise of freedom and the ideals upon which the United States was founded upon, and to those who made the ultimate sacrifice, I thank you for your service to our Country.

Your service and sacrifices will never be forgotten. God bless you all and God Bless this great country of ours!

On May 21, Governor Michelle Lujan Grisham announce the appointment of Bianca Ortiz Wertheim, chief of staff under U.S. Sen. Tom Udall, as the new cabinet secretary for Department of Homeland Security and Emergency Management. The appointment does require State Senate confirmation but she can serve in the position until her Senate Confirmation. Cabinet secretaries are paid $150,000 to $156,000 a year.

Ortiz Wertheim has worked as chief of staff under United States Senator Tom Udall who is not running for another term and who is retiring from the United State Senate. Prior to being employed for Udall, Ortiz Wertheim worked for then-Albuquerque Mayor Martin Chávez as his Chief of Staff. She also served in Governor Bill Richardson’s administration and as a strategic manager for the American Cancer Society. Bianca Otiz Wertheim is the wife of prominent Santa Fe trial attorney John Wertheim who is a former Chairman of the State Democratic Party.

https://www.abqjournal.com/1458276/ortiz-wertheim-to-lead-nm-homeland-security.html?fbclid=IwAR25_vYYQnRFjrF-3mmpPJbSDHBcY1IXxLuaXmpQuslGKKqU2eMejAjcRec

JACKIE LINDSEY RESIGNATION

The cabinet position of Secretary of Homeland Security has been vacant since November 26, 2019 when Jackie Lindsey resigned. The Lindsey resignation came just a day after Governor Michelle Lujan Grisham, Attorney General Hector Balderas, members of the state’s congressional delegation and House Speaker Brian Egolf met with her on efforts to combat potential domestic terrorism in New Mexico. The timing of her resignation raised questions as to the real reason for it.

Lindsey said in her resignation:

“After careful consideration, I have decided to resign as the Cabinet secretary of the Department of Homeland Security and Emergency Management to focus on my family and my health.”

Former Secretary Jackie Lindsey was clearly highly qualified and considered by many at the time as one of the Governor’s better appointments. Before becoming a Cabinet secretary, Lindsey was captain of homeland security and emergency management for the Albuquerque Fire Department, where she had worked for 17 years. She was captain of fire investigations for the department before that, and she served 10 years on the former New Mexico Urban Search and Rescue Team unit. Sources have confirmed that Jackie Lindsey is back with the City of Albuquerque under contract working as a liaison assisting the city with the pandemic.

https://www.santafenewmexican.com/news/local_news/new-mexico-homeland-security-secretary-to-step-down/article_fa3b2685-6fd9-566b-abe9-347d8de83683.html

Analysis And Commentary

The appointment of Bianca Ortiz Wertheim is raising more than a few eyebrows in Santa Fe. It is also raising questions within law enforcement of why the Governor is making the appointment now and why this person. The Cabinet Position of Secretary of Homeland Security has been vacant since late November when secretary Jackie Lindsey stepped down.

According to the State Website, Department of Homeland Security and Emergency Management coordinates the State’s response to all hazard type events and supports local response. Emergencies and disasters are something caused by natural or human-made events or any other circumstances determined by the Governor. When necessary, the State assists local jurisdictions whose capabilities are overwhelmed serving as the conduit for assistance from the Federal government. The Department coordinates around the mission areas of the National Preparedness Goal: Prevention, protection, mitigation, response, and recovery.

https://www.nmdhsem.org/about-the-department/

Bianca Ortiz Wertheim is very personable, she and her husband John Werthheim are well liked within the Democratic Party and she has served essentially as Chief of Staff to two elected officials. The positions she has held in city, state and federal government have had very little or absolutely nothing to do with Homeland Security.

The Governor’s appointment appears to have been made based strictly on taking care of a political operative in search of a new job, a job that the Governor could not find nor create that would pay $150,000 a year. Bianca Ortiz Wertheim’s immense talents and abilities would be better suited in a position that she is in fact qualified to hold and more like Chief of Staff or Deputy Chief of Staff to the Governor. Bianca Ortiz Wertheim’s meager qualifications or lack of qualifications to be Secretary of Homeland Security will no doubt be an issue in any State Senate confirmation hearing.

For a related blog article see:

Governor Michelle Lujan Grisham Assembles Quality Cabinet and Staff

On Wednesday, May 5, Governor announced that on June 1, service industry businesses will be allowed to start reopening. Dine-in restaurant services, salons, gyms, malls and other services will be allowed to re-open with restrictions. During the Wednesday briefing, the Governor said that as of May 20, the state has made steady progress in fighting the corona virus to allow the openings. In making the announcement, the Governor said:

“We might come to you even earlier, but right now we want you to know… there’s nothing that we’re seeing, even though we had an increase in cases today largely related to a high-risk area, that we aren’t going to get to our targets exactly when we should. ”

The Governor and Dr. David Scrase, Human Services Secretary, both emphasized to keep moving forward and allow for the business reopening, there is still a need for everyone to take necessary precautions such as wearing masks and social distancing. Everything can change and businesses could be order to close again if the public fails to follow the social distancing rules.

Dr. Scrase released data showing most regions are seeing a decline in the corona virus while the northwest part of the state continues to see an increase in reported cases. Scrase also reported that according to the CDC guidelines New Mexico is one of only two states that are on track to go onto Phase 1. Despite all the progress being made by New Mexico, Dr. Scrase still emphasized the need for caution by saying:

“If we jumped out of a plane with a parachute on and we’re descending and drifting toward earth and slowing down but still 1,000 feet above… we would not conclude its time to take off the parachute. It would be time to continue that slow descent and prepare for a landing in a COVID positive world”

During the May 20 news conference, the governor pointed out that El Paso, Texas is still seeing a surge in cases that could spread into New Mexico. El Paso is seeing more hospitalizations due to the virus. The governor said New Mexicans who travel to El Paso raise their own risk of infection and spreading the disease.

RESUMING CHURCH SERVICES EASIER SAID THAN DONE

On Wednesday, May 13, Governor Michell Lujan Grisham announced that New Mexico all retail business, with a few exceptions, could operate at 25% capacity. Lujan Grisham also said that churches and houses of worship would be able to meet in person as long as they restrict in-person attendance to 25% of each building’s capacity as set by the fire marshal.

Notwithstanding being allowed to, resuming church services is easier said than done. A few Albuquerque-area congregations said despite the new rules, they are not yet ready to open thier doors.

Paul Murphy, the interim lead pastor for Hope Church, a congregation in the Albuquerque Northeast Heights, said that in pre-virus times the church had about 600 people attend its two Sunday morning services. However, Hope Church is not rushing to resume in-person services.

According to Ryan Bestelmeyer, the lead pastor of Refuge Church which has a congregation about 300 people said the mask requirement would be particularly difficult to enforce at his church which is attended by many families with young children. Bestelmeyer said he intends to send out recorded services online rather than relaunch in person services.

Sagebrush Church, has a congregation of between 14,000 and 15,000 people with several locations in Albuquerque and elsewhere across the state. Sagebrush has not set a reopening date for its in-person services. According to Church Spokesman Eric Williams, enforcement of social distancing and mask wearing could be too problematic. As a result, Sagebrush Church will continue to do services online.

CATHOLIC CHURCH ARCHDIOCESE GUIDELINES

Catholic Church Archbishop of Santa Fe John Wester issued guidelines for all catholic churches throughout the state for resuming in-person services. Those guidelines are as follows:

People over age 60, those with compromised immune systems, and anyone concerned about being infected with the COVID-19 virus should stay home.

Congregants must keep a distance of six feet from one another in all directions, and pews may be roped off. Members of the same family may sit together.

No handshaking or contact between people or families during church services is allowed.

Anyone over age 3 must wear a face covering except when they are speaking.

Cleaning staff are to disinfect commonly touched surfaces after each Mass, including pews, chairs, lecterns, door handles and rails. Restrooms are to be disinfected after each liturgy.

No open holy water should be present in churches.

Hymnals, missalettes and other prayer books should be removed.

There will be no congregational singing except by the cantor and one instrumentalist.

Collection baskets will not be passed and congregants are encouraged to use online giving.

https://www.abqjournal.com/1456420/churches-moving-slowly-to-reopen-inperson-services.html

MINIMIZE THE SPREAD

The Lujan Grisham Administration and state health officials say all New Mexican’s can do their part and should practice the following:
Stay home except for work, urgent needs or emergencies.

Wear a cloth face covering whenever you venture out in public.

Keep at least 6-feet of physical distance from others in public spaces.

Do not congregate in groups of more than 5 at parks and on hikes.

Support local businesses. See buynmlocal.com on line.

Help your neighbors by offer to shop for groceries if you can using personnel protection practices, make face coverings for others if you have extra fabric or other resources.

Monitor yourself for symptoms and find out how to get tested.

For related news coverage see:

https://www.krqe.com/health/coronavirus-new-mexico/gov-lujan-grisham-to-provide-update-on-covid-19-efforts-in-new-mexico-wednesday/

https://www.kob.com/albuquerque-news/gov-lujan-grisham-touts-progress-on-covid-19/5736338/?cat=500

UPDATED CORONA VIRUS CASES

On Thursday, May 21, the New Mexico Health Department announced that 11 more New Mexicans have died amid the coronavirus pandemic resulting in the death toll now at 294. Health officials also said testing has confirmed 163 additional cases of the virus resulting in a total of 6,472. The new cases include 19 state inmates at the Otero County Prison and 40 new cases in Doña Ana County, which borders Texas.

SPECIAL SESSION DATE ANNOUNCED

During her May 20 press conference, Governor Lujan Grisham announced that June 18 will be the start for a special legislative session. The session is required to deal with the state’s deficit and to adjust the state budget amid a major hit to expected revenue related to the COVID-19 pandemic as well as the collapse in oil prices. The governor hopes to reach bipartisan agreement on financial measures and wrapping up the session in a few days.

ANALYSIS AND COMMENTARY

By all accounts, Governor Michelle Lujan Grisham is doing a better job than most Governor’s in the country to get a handle on the pandemic in New Mexico and taking the necessary steps to protect all New Mexicans. The approach Governor Michelle Lujan has taken is to first move aggressively to close down New Mexico and she now being cautious about lifting the restrictions to deal with the crisis. The clear and unmistakable message Governor Lujan delivered with the limited opening of the state is that all of what she has ordered is indeed “flattening the curve”.

The state is making significant progress, but we still have a long way to go given the fact that increases in cases is still occurring. New Mexico is now inching closer to reopening over perhaps the next 2 months.The Governor has sent the clear message that in a real sense, it’s all on use to make sure we do are part and follow the social distancing rules. Otherwise, if there is a major spike in diagnosed cases, the state could be close once again.

On April 14, the blog article entitled “Sanders Endorses Biden; Trump’s Popularity Spike Short Lived; Biden Beats Trump In National Polls; The Trump Version Of “Midas Touch” Turns Things To Crap” was published. The blog article contained a summary of a number of polls in the Presidential race and included a Commentary and Analysis section. The link to the article is here:

https://www.petedinelli.com/2020/04/14/sanders-endorses-biden-trumps-popularity-spike-short-lived-biden-beats-trump-in-national-polls-the-trump-version-of-midas-touch-turns-things-to-crap/?fbclid=IwAR37UyCY_z3TxBoz0Tjwow8XfFFqwf9REZ6Ulv40ztPLk6vkC4jewkL2xrY

According to the independent blog manager’s tabulator, the blog article received a major spike in “reads and shares” on the internet. The blog is separate from the FACBOOK page where the blog articles are also posted, but where there is no tabulation of views and shares.

On the FACEBOOK page, there was a very lively and lengthy exchange with a Trump supporter that gives a real insight and a far better understanding of how Trump supporters think, view and support the President. I have known the Trump supporter for decades, he is highly intelligent, educated and has worked in the private industry as well as the federal government. Although the exchange is now in the public domain, the Trump Supporters name was withheld in this article to respect his privacy and to allow readers to make their own judgment.

Below is the exchange:

FACEBOOK EXCHANGE WITH READER

TRUMP SUPPORTER: “You’re delusional. Biden is in critical condition among blue collar whites. Michigan. Minnesota. Wisconsin. His lead is just as strong as Hillary’s was…and just as false. Got a lot of work to do … .”

DINELLI RESPONSE: “Sweeping, dismissive remarks from a delusional cult member without backing up the remarks. Not going to take the bait … and not going to engage. The blog says it all when I said “Trump’s staunches supporters will no doubt say all the polls were wrong last time, they are wrong now, and that Trump will win again. What the Trump supporters seem to ignore is that Trump must now run on his record of broken promises, irrational behavior and bullying voters will not cut it. Burning down the country is no way to govern.”

TRUMP SUPPORTER: … “that’s a dilemma for all politicians, as you know. All you have is your record and your credibility at the end of the day. Nobody is squeaky clean, least of all our most senior pols like Trump and Biden who spent long lives acquiring power. Every poll by definition leaves a trail of broken promises, unfulfilled dreams, aspirational objectives foregone. So, we are left with two flawed human beings and their personal perspectives on governance. Biden is a crystal-clear embodiment of the last 45 years of government overreach and nanny state largess. Trump is a tornado of laissez faire business practices and populist American exceptionalism. I’ll take Trump, warts and all.”

I feel sorry for Joe. Barack was right; he didn’t have to do this and I’m concerned about his ability and personal dignity at the end of his days. It’s a crazy time. I would that it were not. Churchill rose in chaos and fell in peace. I want a strongly intuitive fighter, a real human being with solid intuition at the helm. I don’t really understand the antipathy to Donald Trump but I was watching him interact with COVID victims yesterday and I do understand his appeal. He has negotiated 70 years of American cultural revolution from WW2 to today. His ideas have merit. His administration is in line with my own policy views about blunting egregious regulations, appointing conservative judges, and positioning America first. Our foreign policy has ever been in three parts; don’t push us around, don’t push our friends around, and bring our soldiers home. Those three ideas are mutually exclusive in practice.

I invite you to back Trump for 2020. We need yin and yang in politics and in life. We’ve had far too much of one, and way too little of the other. Let’s continue to balance the scales with practical leadership before we turn the reins back over to the social engineers.

DINELLI RESPONSE: Thank you very much for the Trump narrative, but the person you talk about is not sitting in the White House. What you wrote is shocking in that you apparently believe it but it is an exceptional work of fiction worthy of an award. Trump is a cancer on the body politic that must be removed before it’s too late. He is not interested in governing but in burning the country down by appealing to the darkest interests of those who support him and no one else. He has repeatedly proven to be an arrogant, inept, narcissistic, immoral racist who has betrayed his own country and our allies all for the sake of the money god he worships and the power he now enjoys. Enjoy your retirement, your government pension, your social security and Medicare, all programs Trump wants to get rid of to make sure we finance tax cuts for the 1%. … “

TRUMP SUPPORTER: No. My narrative is real. The 150,000,000 people who agree with me are not wrong. It’s our perspective. You don’t have an alternate set of facts. You just choose to interpret them differently.

DINELLI RESPONSE: You seem to forget Trump lost the popular vote by 3 million to Clinton and won the presidency in the electoral college. In other words, to use your own argument, there are at least 153,000,000 people who believe you are wrong, and after what he has done to the country an people see what he is, there are many more who will be voting him out of office come Nov. 3.

TRUMP SUPPORTER: It’s an illusion. You’re a Joe Montoya Democrat invested in 60- year old politics! 153 mm is a big number. You’re forgetting the 10mm Bernie Bro’s who are Never Biden.

EDITOR’S NOTE: US Senator Joseph Montoya was an American politician and member of the Democratic Party who served as the lieutenant governor of New Mexico, in the U.S. House of Representatives and as a U.S. Senator from New Mexico who died on June 5, 1978. Senator Montoya was not my generation of politician, but my parent’s generation. President’s Bill Clinton and Barack Obama are my generation of politicians.

AT THIS POINT, THE DISCUSSION CARRIED ON TO ANOTHER POST REGARDING TRUMP WHERE AGAIN IT WAS POINTED OUT THAT RECENT POLLS SHOW THAT TRUMP’S JOB APPROVAL RATINGS ARE ON THE DECLINE.

TRUMP SUPPORTER: Welllll….I know Rachel Maddow agrees with you 100% and I know her track record, so …..

DINELLI RESPONSE: My track record is and always will be better that Rachel Maddow, and that goes for the same people I support for President, like Obama, and who you support which is your cult leader Trump

TRUMP SUPPORTER: I love it that you love Old-bummer. It takes a Village.

DINELLI RESPONSE: And your world takes a “village idiot” such as President Trump.

TRUMP SUPPORTER: A useful idiot. A spear catcher so others can run the ball into the end zone. It takes an outrageous guy to focus attention away from the important stuff every single day in every single news cycle. I’m sure you can appreciate the breathtaking policy revisions, regulatory changes, Court appointments and wonderful changes occurring in plain sight but unremarked because liberal tears cloud the eye

DINELLI RESPONSE: Thanks for acknowledging that Trump is an idiot, so I think you are making some progress with actually thinking. It is pathetic you think what he is doing is some sort of a game of diversion when it’s all about him and the dollar he worships. Trump is not outrageous as you say, but downright dangerous. … The “breathtaking policy revisions” you admire so much include allowing private industry to ravage this country’s natural resources and destroy its environment. Trump is the same person that said “raking leaves” in the forest would stop all of the wild fires, so it’s doubtful he … [understands] … the forest service. . The court appointments you think are so great, especially Kavanaugh and Gorsich, are throw backs to the 1940’s and ‘50s who want to set aside all the civil rights, voting rights and woman’s rights to choose that were so hard fought for by entire generations. There may be liberal tears that “cloud the eye” as you say, but you my friend, and Trump supporters, are downright blind to believing he is some sort of a messiah.

TRUMP SUPPORTER: I wish you would have had some experience with private industry in the real world. Industry does not destroy the life blood of the natural resources that feed the sawmills and paper machines. My company owned 650,000 of forest land and we managed them for sustainability in perpetuity. Having served only in government and being the recipient of only a liberal arts degree, you just don’t understand and you can’t understand. What Trump is doing will help us move through all of this mess. And, Go!

DINELLI RESPONSE: You always have to go there don’t you … . Please spare me your lectures on private industry. … I have been practicing law for 43 years in the “real world” and was in private practice of law which included business law and bankruptcy law. My private practice of law included at least 16 years with firms and my own firm representing major corporations and insurance companies. My undergraduate degree was in business administration with a major in finance. As a Worker’s Compensation Judge with statewide jurisdiction, I was exposed to many private industries throughout the state of New Mexico, including the oil and gas industry and yes natural resource industries. I have more than some experience in the “real world” as you put it, … . “

EDITORS NOTE: At this point the exchanged ceased.

TRUMPS DISCLOSES HE IS TAKING HYDROXYCHLOROQUINE

On May 18, speaking at the White House to reporters, President Trump surprised the media when he said that he started taking hydroxychloroquine, a malaria and lupus medication recently, to help protect him from the corona virus. Trump said:

“I’m taking it for about a week and a half now and I’m still here, I’m still here,” was his surprise announcement. … You’d be surprised at how many people are taking it, especially the frontline workers before you catch it, the frontline workers, many, many are taking it. … I happen to be taking it.”

There is no evidence hydroxychloroquine can fight coronavirus, and regulators warn the drug may cause heart problems. Dr Marcos Espinal, the director of the Pan American Health Organization, which is part of the World Health Organization (WHO), has also since stressed that no clinical trials have recommended the use of hydroxychloroquine for corona virus.

https://www.bbc.com/news/world-us-canada-52717161

JIM JONES MASS CULT SUICIDE RECALLED

Jim Jones was a notorious cult leader. He was an American preacher and faith healer turned cult leader who conspired with his inner circle to direct a mass murder-suicide of his followers in his jungle commune at Jonestown, Guyana. He launched the Peoples Temple in Indiana during the 1950s. As the self-proclaimed messiah of the Peoples Temple religious cult, Jones promised his followers utopia if they followed him.

In 1978, media reports surfaced of human rights abuses in the Peoples Temple in Jonestown. U.S. Representative Leo Ryan led a delegation to the commune to investigate. Ryan and others were murdered by gunfire while boarding a return flight with some former cult members who had wished to leave. Jones then ordered and likely coerced a mass suicide and mass murder of 918 commune members, 304 of them children, almost all by cyanide-poisoned Flavor Aid.

https://en.wikipedia.org/wiki/Jim_Jones

CONCLUSION

The above exchange gives Democrats and Biden supporters and idea what they are dealing with. According to many polls, and after over 3 years, Trump still maintains support of 94% of the Republican Party and maintains his base support of 43% of the general public. Trump supporters look upon him as the messiah that is indeed cult like. More people will die because of Trumps mishandling of the federal government’s response to the pandemic, but Trump supporters will remain loyal, will never abandon him, and therefor he could win in the electrical college once again, losing the popular vote to Biden.

Trump has already begun a campaign of promoting civil disobedience during the pandemic by tweeting on April 17 “LIBERATE VIRGINIA and and save your great 2nd Amendment. It is under siege!”, “LIBERATE MICHIGAN!”, “LIBERATE MINNISOTA!” There is nothing that would satisfy Trump supporters more than blow up our democracy and simply watch as Trump lets the country burn to the ground.

As the pandemic crisis continues, and the election approaches, Trump is acting more and more like a cult leader. The odds are high that he will only complicate the crisis, making things much worse and create another crisis within a crisis. Trumps declaration that he is taking hydroxychloroquine was shocking in and of itself, as was he previous comments of ingesting chlorine bleach as a means of killing the corona virus. It would not be at all surprising if Trump calls upon his “cult” followers to follow his lead and act like the followers of Jim Jones and tells them to start taking hydroxychloroquine so he can proclaim he has found the cure and saved their lives and say that those who die from the virus should have listened and followed his lead.

Vice President Mike Pence is no fool and has a lot more sense than people give him credit for. Pence is now social distancing from Trump at events. Pence has also made it clear he has no intent of taking hydroxychloroquine. Rumor has it Pence has already memorized the oath of office to become President so as not to require the Chief Justice to say “repeat after me”.

Needless to say, Trump has one vote for second term and Biden has one vote to become President.