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New Mexico Political Journal Volume I, No. 8

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Monday, June 28, 2004 Roswell
Circulation: 4,911
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In this issue:

Richardson will Never get the Call
Feedback, Update on the GOP Convention
Hip pocket Regents: Like Puppets on a String

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Richardson will Never be Asked

Since our May 24 article about Richardson's absurd "rejections" of phantom offers to be "the running mate," no stories on the subject have emanated from the governor's office. The time from early May to today marks the longest sustained period since September in which Richardson has not claimed to have been asked to be the vice-presidential running mate. Is there a coincidence?

Could be. Our story, showing that no one--exactly ZERO people--actually running for president has EVER asked Governor Bill Richardson to consider being the vice presidential nominee of the Democrat Party, was picked up by several entities, including www.NewsMax.com, and transmitted nationwide. Thousands of people learned that the non-story "story" about Richardson being asked to be on the Democrat ticket was phony---a completely fabricated tale written in and directed from Richardson's own office. The "offers" were not coming from John Kerry, or Howard Dean et. al., before Kerry. The "offers" were coming from Richardson's own press secretary. (It reminded us of a late 70's movie line in a thriller about a babysitter getting ominous calls. A cop tracing a call shouted to the girl: "Get out, the call is coming from inside the house.")

Our story was received with the appropriate combination of good humor and serious reflection it was designed to inspire. The readership, including a mildly surprising half dozen or so from the New Mexico media, called and e-mailed to express their appreciation for how the continuing story had indeed long since reached the heights of absurdity. It was conceded that, on reflection, the story was indeed embarrassing to everyone, including the media reviewers, most of whom worked for organizations complicit in the charade.

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GOP Convention Update, Feedback

The response to last week's article on the State Republican Convention earlier this month has been almost uniformly positive. Folks appreciate knowing what the Republican Party has done and also enjoyed the update on the makeup of the GOP delegation to New York City. (Our issue was apparently widely recirculated, resulting in a jump of almost 300 subscribers.)

There were very few detractors, mostly electronic feedback--all of it from Democrats no less, upset that we were boldly exposing and opposing racism and bigotry. There were two, exactly two, negative reactions from liberal Republicans--again either pretending not to understand the concept of racism or simply threatening to feed their own criticisms to particular pro-Democrat media outlets. One was an unsuccessful GOP statewide primary candidate in 2002, the other a young self-described activist.

We have news for both of them: all media outlets in New Mexico already get NMPJ.

We should note here that we did not comment one word on any election for any office at the state convention, we only reported the winners and the vote totals. We did report the demographic makeup of the candidates, but never took sides reporting the outcome of the convention's various elections.

For the most part, the feedback has been good, with some, arguably insightful commentary:

"It is ironic that the RPNM elected a pro-choice national committeeman and one who is also inclined to support gay marriage...even while putting so much emphasis on 'the platform' of the party...did they get the contradiction?"

"I could not believe the pro-life people who were everywhere talking up a pro-choice candidate for national committeeman...against a pro-life guy..."

"Right-to-Life New Mexico has no credibility left."

"Your analysis is right on the money, as usual."

"Your reporting is akin to the 'reporting' the Pravda[sic] did..."

"One of the Hispanics elected is also Jewish..." (note: NMPJ did not attempt to ascertain the religious affiliations of the delegation)

"...we didn't manipulate the selection process to achieve some sort of quota...every delegate/alternate earned his/her position by being elected. Must drive the Democrats crazy that Republicans get these results honestly."

Our bottom line: Regardless of the outcome of the convention, the Republican Party of New Mexico, including especially the 500 to 2,000 people who work so actively from state conventions to county conventions and organizations around the state, must pull together. Those who continue the "gotcha" craze, need to either be reined in, or exercise some self discipline.

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"I got your resignation right here,"

Says Governor Bill Richardson as he reaches in his hip pocket and pulls out the signed, undated, Letter of Resignation written by a stunned University of New Mexico regent in January 2003. The regent watches breathlessly as Richardson calmly unfolds the letter, takes out his pen, and writes "July 12, 2004" at the top of the page.

"There you go," says Bill, "thanks for your service, but I see where you have written me as follows:

"With this letter, I hereby submit my unqualified resignation, effective immediately." (***see below)

"Guess what? 'immediately' just became today," said Richardson, "Call me sometime, let's do lunch."

"But, but," says the regent, "All I have said is maybe we should have a bid process for the awarding of these contracts. You know, make UNM's public works and contracting processes above board and open to everyone."

"Yeah, well, if I want your opinion on that, or any other subject, I'll let you know," said Bill, "You know very well where these contracts are supposed to go, you knew the ground rules when you signed on here."

"That's right," chirps a small voice standing beside the two gentlemen. The men turn to see former Democrat State Chairman and current UNM Regent Jamie Koch. "If he wants our opinion, he'll let us know," says Koch, beaming with pride. "You just didn't quite get the ground rules," Koch adds, glaring at his former (thirty seconds ago) colleague. "You ended up not being a team player."

"That's why I love you Jamie," said the governor, "you know what public service really means, in fact, you epitomize it."

"Thanks governor," said Koch, as he and the governor went to lunch. And with that the meeting was over. The former regent walked away dejected.

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***[Note for the full text of the letters of resignation signed by 40 regents to date, including at least one by a regent from your region of the state, click here nmdr@dfn.com and type "regent-gate scandal" in the subject line. We'll send an exact copy to you immediately. If you request, we will send you the names of all those who have signed such unconstitutional letters.]

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That's one scenario. No doubt coming to a theater of the absurd near you.

On May 12, Attorney General Patricia Madrid, responding to a request submitted by State Senator Rod Adair, R-Roswell, issued an opinion calling the governor's resignation letters for regents unconstitutional.

The governor has stated he doesn't care, that it's just her opinion. Democrats in the Senate Rules Committee have said they don't care. Last week, the Rules committee deadlocked 3-3 on a UNM regent nominee who had signed a letter of resignation. Senators Stuart Ingle and Ray Kysar both expressed views that the governor's policy is plainly unconstitutional. The Democrats only vowed to get more committee members present for the next meeting on August 9.

Newspapers have called for a lawsuit. Senator Phil Griego has dared "Republicans" (as if only Republicans worry about the Constitution---he may be right in the end) to file one. That would be wrong for several reasons:

1) The text of the Constitution, Article XII, Section 13, is plain enough for an 8 year-old to read: "no removal shall be made without notice of hearing...The Supreme Court of the State of New Mexico is hereby given exclusive original jurisdiction..."

2) Who has standing to take the matter to court? Perhaps only an appointed regent, not the Senate or individual senators as some have suggested.

3) Why should anyone, appointee, private citizen, or the taxpayers themselves, have to foot an enormous bill for legal fees to take such a plainly written matter to court? (This is something a lot of people don't get--including almost all lawyers, Republican and Democrat alike--it is so ingrained in our minds that EVERYTHING needs to go to court. But this is a relatively recent phenomenon in the American experience. It is pushed home in law school to promote the idea of the need for greater amounts of legal services and legal income.) In fact, in a republic such as ours, relatively few matters were ever actually designed for the courts, and almost none having to do with the branches of government. A matter such as we are discussing now used to be routinely referred to as a "political question."

4) The Supreme Court of New Mexico has shown itself to be a completely non-serious entity, in the realm of jurisprudence that is. Unfortunately for litigants and the taxpayers, its rulings and its power are deadly serious. But for legal scholars and people who care about what the law actually says, it is notoriously anti-intellectual, and almost daily ignores what the law actually says. Instead, it routinely imposes its own desired "outcome," in a given case, then reasons backwards to try to justify its decision. It is also notoriously partisan. In this instance it would almost certainly rule, probably 5-0, that the governor has the power to collect signed, undated letters of resignation. Such a ruling would simply further hack away at the actual Constitution, and further undermine people's faith in the rule of law. Then comes the bill, most likely to the taxpayers, probably in the range of $500,000 to $1,000,000. What for?

5) The actual response to a situation like this is for the first branch of government, the legislature, to stand up for the rule of law. As direct representatives of the people, the Senate should not approve regents whose own acts, forced on them by the executive, are plainly unconstitutional. To shrink from that duty is a clear violation of the oath of office. The regents are to be responsible to the people, not to the governor as an individual.

The situation before us allows regents to, in effect, perform under the a "personal services" contract, working for and reporting directly to the governor. Once appointed by the governor, and confirmed by the Senate, they are supposed to work for the people themselves, the universities, the students, the students' parents, grandparents and guardians, and the taxpayers.

That fiduciary role has been removed by the governor. It should be restored.

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Comments on this issue? Please send them to nmdr@dfn.com