Justice Should Be Blind - to Whether the Defendant is Donald Trump or John Doe

A friend said recently that even if prosecutors proved that Donald Trump had committed huge crimes, we should never see a President of the United States in an orange jump suit.

He had no quarrel with Trump’s impeachment, or with VP Spiro Agnew going to jail in the ‘70s. If Trump cheated banks and government out of big bucks, they could and should pursue him civilly; but not jail an ex-president.

I disagree.

Trump should not be prosecuted vengefully, or because prosecutors disagree with his politics. If he’s a danger to our republic, we should fight that danger in appropriate ways. Twisting our legal system to jail him solely to protect our system would help destroy our system. Just as Trump should not have tried to use the Justice Department to attack political enemies, state and municipal prosecutors should not abuse the justice system – even trying to save it.

It sounds as if the alleged crimes involve massive violations of tax laws and perhaps massive frauds on banks. Allegedly, Trump used various schemes to compensate employees under the table, so that the amounts weren’t taxed, and that assets were significantly undervalued (to the taxperson) or extremely inflated (to lenders). If charges are proven in court, Trump should be treated as others who’ve committed similar crimes involving similar amounts of money. If they would go to jail, he probably should. If they normally wouldn’t, he probably shouldn’t.

It’s a key tenet of our democracy that no one is above the law. No one. Our founders would have loathed the thought of immunizing high officials against criminal prosecution. Yes, in practice powerful people abuse their power and escape punishment for misconduct, or their crimes are ignored by lesser officials to curry favor. My friend strongly argued that so much of the system is corrupt that it’d be unfair to jail this ex-president and not others who probably committed crimes.

Actually, although most presidents probably would be alleged by someone to have violated national or international law, flagrant and significant law-breaking is uncommon. Richard Nixon seems to have committed crimes, including obstruction of justice and aiding and abetting burglary, but Gerald Ford pardoned him. Bill Clinton committed perjury; but in criminal law “the exculpatory lie” (merely denying the conduct of which one is guilty) is rarely prosecuted. Warren Harding appointed a cabinet full of poker pals and cronies, some flagrantly dishonest, and some went to jail; but Harding, who appears not to have been personally involved in criminal activities, was pardoned by Death.

I might say LBJ and Nixon committed war crimes in Southeast Asia; Bush II clearly winked at illegal torture, and Obama probably violated international law in pursuing terrorists; but where the alleged crime is committed in the republic’s interest, we may have to grant some leeway, although just how much is a damned tough question.

Basically, we should not give a “Get Out of Jail Free” card to a criminal who gets himself elected president. It sends the wrong message. How does a judge sentence a shoplifter from Walmart when the president skates after stealing millions? Too many public officials already get away with misconduct.

Sure, I think Orange Hair wearing orange might be a healthy development for our country; but that’s a thought I’d try to put aside if I were a juror. Trump deserves the same treatment John Doe would get for the same conduct.

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[The above column appeared this morning, Sunday, 6 June, in the Las Cruces Sun-News, as well as on the newspaper's website and KRWG's website. A related radio commentary will air during the week on KRWG (90.7 FM) and KTAL-LP. (101.5 FM – http://www.lccommunityradio.org/), and will shortly be available on demand on KRWG’s site.]

[We are all somewhere on a continuum between taking whatever we can, without regard for others, manipulating them for our perceived gain, on the one hand, or trying to give more, in whatever ways we can, and take less. Religions get founded around figures like Jesus and Buddha who urge us toward the more generous and cooperative end of the spectrum – which often seems kind of boring and weak when one is young. I’m sure no saint on that score. Mr. Trump is as far toward his end of the spectrum as anyone I’ve run across. It would be an interesting challenge to be on the jury trying to decide the truth or falsity of specific accusations in a court. (Of course I’d be tossed off the jury, first because I’ve practiced law and second because I’ve expressed my views publicly; and if I weren’t, although I believe strongly in our duty to serve on juries when called, I’d advise the court of why Trump’s lawyers might reasonably question my ability to judge fairly.)] 

              SIC TRANSIT GLORIA MUNDI

 

 

Barkhouse Walks, but Sole-Source Process Raises Concerns re County Management

 Several public statements about the County’s controversial Barkhouse sole-source contract negotiations differed greatly from the documentary evidence. County Manager Fernando Macias and/or former Animal Control Manager Jeanne Quintero made these statements, while appearing to ignore credible negative information regarding Barkhouse. (Last week, Barkhouse declined to go forward.)

A court judgment against Kelly Barker for defrauding folks of $50,000+ seemed a huge caution flag. Macias said Friday the judgment meant little because it was from 2009 (when Barker was in her 50s), and because the County has had a positive experience with Barkhouse. Macias also stressed that this contract was just one among many matters he deals with, and that the planned contract covered a six-month pilot project, during which the County could evaluate both the four-pronged plan and Barkhouse’s performance.

I was also troubled that Barkhouse attacked critics and had a lawyer send threatening letters, and that in March Barker alleged “sabotage” by county employees – but asked to delay any investigation until after contract-signing. I thought Macias should investigate immediately, and either protect the employees or punish them; but Macias says he never heard of the allegation.

When people questioned letting Barkhouse keep its own dogs in the county hold facility, officials said, “[A]ll the animals [housed therein] are county animals;” but a February 8 Barker→Quintero email states, “[T]hese are NOT county dogs, these are ours.” In April, Macias called it “a misconception” that the County was permitting Barkhouse to use the hold facility to conduct its business. Friday, Macias said that legally, any dog in the facility was a county-owned animal, and that he so advised everyone about two months ago.

Officials also said, “Barkhouse volunteers have no keys or means of access” to the county hold facility, but on March 30, Quintero told Barker, “Key ring should be ready tomorrow for Barkhouse use.” Other emails suggest Barkhouse had free access to the facility. (Macias says he had no knowledge of this.)

Asked by Commissioner Reynolds about a March 29 Cessna charter to move dogs out-of-state, Macias replied that the County paid nothing; but South Aero invoiced the County for $13,294. Macias readily conceded Friday that he’d been misinformed.

February emails also show Barker reaming out Quintero because a county employee was honest with a veterinarian about the maturity of some puppies. (Apparently the pups were weaned in early February, but disclosing this before the scheduled February 26 flight would delay matters and incur charges for more than just the one health certificate required for a nursing mom. Barker writes it’s “clear” the employee is “unable to be a team player.” Barker then suggests moving county dogs and Barkhouse dogs to different wings.

Macias points out that many of these emails didn’t (and normally wouldn’t) reach his level, and that Quintero (who hasn’t yet returned my calls) made most of the questionable public statements. Still, the amount of apparent misinformation is troubling.

I don’t agree with allegations of corruption here. But I think “due-diligence” was lakcing; and management should have been more forthcoming and should not have largely discounted criticism as “other operations wanting some of the money.” Officials seemed to circle the wagons around Barkhouse. Were I a commissioner, I’d ask some serious questions.

All that aside, I completely agree with Macias that we need to do something about our homeless dog population, starting with a countywide ramped-up spay and neuter program. 

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[The above column appeared this morning, Sunday, 30 May 2021, in the Las Cruces Sun-News, as well as on the newpaper's website and KRWG's website. A related radio commentary will air during the week on KRWG (90.7 FM) and KTAL-LP. (101.5 FM – http://www.lccommunityradio.org/), and will shortly be available on demand on KRWG’s site.]

[So where does all this leave us? I’m not sure Barkhouse’s “withdrawal” had been publicly reported before, except on Facebook; the Barkhouse letter started:

It is with regret that we inform you Uncaged Paws, Inc. dba Barkhouse and our management company BarkWorks Productions are declining the award of the sole source contract. After careful consideration it is not in our mutual interests to move forward.

Meanwhile, Ms. Quintero, initially hired as the 3^rd lawyer in the County Law Department, has quietly left the County’s employ and gone back to the employ of the 3^rd Judicial District Court. (Mutual friends tell me she’s smart, and cares about dogs, and express wonder that she got involved in this.) It may be that although the reaction to the sole-source contract was publicly pooh-poohed by Mr. Macias and others, there was behind-the-scenes concern among management. A more recent email from Kathy Tarochione of Barkhouse to County Counsel Nelson Goodin seems to express annoyance at the pace of contract negotiations:

Are we going to do anything about Peter Goodman? He is continuing to spread false narratives and will have a radio show on Friday about this. Nelson, it would be greatly appreciated if you could please respond to my emails. It is extremely difficult for the Barkhouse team to be left in the dark on so many issues… The status of our contract. Are we moving forward?

Thus, it seems as if the concerns voiced and evidence supplied by various citizens, particularly other folks involved with helping dogs, were having some effect. Some went to great lengths, and supplied important information both to the County and to me. It’s reasonable to ask whether the county ought to have come up with much of that information itself, and/or reacted more gracefully to the folks who supplied it. ]

[The process still troubles me. An initial draft of this column was far more negative regarding Mr. Macias; emails seem to bear out that he was not told about much; but other county officials say he’s a micromanager (an allegation heard elsewhere about him) and that “procurement doesn’t go to the bathroom without checking with him first.”

The misstatements to Commissioners and public are concerning, whether or not they were deliberate. Further, Ms. Barker’s attack on county employees elicited no response by the County. (Again, Mr. Macias appears not to have heard of this. My draft column reamed him out for not investigating the allegation of “sabotage,” either to protect his employees from defamation or to punish them if Ms. Barker came up with serious evidence.) Ms. Quintero or Mr. McMahon should have investigated. I haven’t seen evidence that they did. (An email from the accused employee to Barker shows significant knowledge and concern about dogs.)]

[People are obtaining formerly hidden county records, including abotu 1,500 emails between county and Barkhouse, and some are interesting. As noted in the column, some confirm widespread suspicions that certain things Quintero or Macias were saying publicly weren’t supported by the internal documents and emails. Saturday a source sent me the one about Kathy Tarochione’s letter to Nelson Goodin. Id’ suggest that Kathy, if still interested in correcting my “false narrative,” actually talk to me, perhaps on radio. As she knows, before my first column about this deal I called Kelly Barker to hear her side of things. (Through an intermediary, she declined, citing lawyers’ advice.) Since, on social media, I think I’ve invited Kathy to share her views. I have no agenda here except to try to learn and articulate what seem to be truths, and try to raise questions that may help in that process, or at least engage some folks in thought. If she disagrees with stuff others have said, maybe we can have some of them on radio with her. I’m open to discussion and am not under any illusion that I have all the answers.]

 

 

Reflections on an Awkward World

Suppose that, because interest rates are low, you’re refinancing the house you bought a few years ago for $100,000. Everyone knows home prices have risen. Your first two appraisals come in at $110,00 and $125,000, but your house is clearly worth much more. You pay for a market analysis: $187,500. Closer.

Finally, you try one little cosmetic change, and a third appraisal values your home at $259,000, more than double the first two appraisals. Same house. Same neighborhood.

We’ve spent much of the last year watching white folks finally “get” that driving while black is actually dangerous. Hard to imagine that those courteous, professional cops can make someone feel like a spy hiding from Stalinist police on a Soviet train in some black-and-white film. But they do. When my pal Rollin washed his classic white convertible in his own driveway, cops would sometimes stop to question him. In San Francisco.

The Las Cruces Public Schools are trying to explain to skeptical parents and citizens that our schools have been inherently unfair. The Yazzie/Martinez court decision found New Mexico schools don’t provide the constitutionally-mandated equal education to Native Americans, ESL kids, and poor kids.

When LCPS unveiled its policy, people went crazy. One skeptic yelled at an NAACP representative that kids don’t need images of successful black folks in textbooks, they can google them. (Key evidence leading the U.S. Supreme Court to order integrated schools in 1954 included studies showing little black girls preferred white dolls to black.)

At 20, I was often the first white adult that some poor black kids in Harlem or Tennessee had really talked with, and I heard and saw how their white teachers’ contempt affected them. In Las Cruces in 1972, Denise Chavez was a highly talented young writer and actress. I wouldn’t have guessed that, as she mentioned recently in Blue Mesa Review, upon seeing Rudolfo Anaya’s Bless Me Ultima, she “could not believe that a Chicano Nuevo Mexicano had written [such a novel]. . . I had never seen myself or anyone I knew in a book that wasn’t some self-published tome.”

Harvard Law School started accepting women just 25 years before I attended. I saw how much it meant to my female classmates to see a few female professors, though not yet any portraits of women on the walls. A professor and friend, Clyde Ferguson, related that when he’d won Harvard’s student moot court competition, his prize was a biography of Roger Taney, author of the Dred Scott decision that negroes were not (and could not be) citizens. School officials were clueless that this might seem an odd prize to give an over-achieving Black kid.

Without enough knowledge to analyze LCPS's JBC policy, or say just how we fix the policing problem, I’m losing patience with anyone who can’t see the problem and recognize the need for significant change.

Back to that house appraisal in 2020 in Indianapolis. The small adjustment Ms. Duffy made? She stripped her application of any hint of gender or ethnicity; removed all family photographs, some pertinent books, and African-American art from the house; and arranged that her “brother” (actually a white friend) would meet with the appraiser because she had a conflict.

Without ethnic indicia, and with a white guy showing him around, the appraiser carefully calculated the house’s value – at twice the “value” appraisers gave it when it was owned by a Black woman.

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[The above column appeared this morning, Sunday, 23 May 2021, in the Las Cruces Sun-News, as well as on the newspaper's website (under a somewhat mystifying headline) and KRWG's website. A related radio commentary will air during the week on KRWG (90.7 FM) and KTAL-LP. (101.5 FM – http://www.lccommunityradio.org/), and is available on demand at here, if you click on the arrow just under my picture.]

[ I’ve read the policy, which is vague, well-intentioned, and somewhat abstract. There’s a clear need to do something, partly because of the Yazzie / Martinez court decision. I’d guess a lot will depend on specific actions to implement it. ]

I haven’t yet watched the school board meeting, which others have described as “as close to violence as I’ve seen.” I hope to. We’re also scheduling a discussion, with folks from various viewpoints, on “Speak Up, Las Cruces!” on KTAL Community Radio, probably for Wednesday, 2 June, 9-10 a.m. Then I’ll have a better idea what all the fuss is about. ]

"Dreams of ?"   2001 Washington, D.C.     © Peter Goodman

[School issues often create particularly sharp divisions of opinion.  I regret that our radio discussion will probably be by phone, with no in-studio guests, because that eliminates nonverbal cues and makes everything more difficult.  That's particularly so because KTAL is now streaming the show life on Facebook.  Not sure whether or not station rules will change in time for this discussion.] 

Ten Years Back Home! Thanks!!

Ten years ago I came home. Wife, cat, and I moved from Oakland to Doña Ana County, where I'd lived during 1969-1977 – and thought of as home thereafter. When I met my wife, she suggested we move here. (I even thought I might someday write a Sunday newspaper column.)

This afternoon, sitting in the Mesilla Plaza eating chocolate ice cream, I felt like saying, “Thanks!”

Thanks to old friends and new, for a decade of poetry, laughter, political and environmental activism, and conversation. Thanks to the PVA, and to progressive elected officials for their tireless work to keep New Mexico enchanting; and to the dedicated volunteers who created and run our community radio station. Thanks to the cat, Bear, for all he taught me before he died, and to Foxy, the dog, for all she’s teaching me now. Thanks to the Organ Mountains and the (sadly diminished) Rio Grande for quiet walks and wildlife.

Thanks to the Sun-News for offering me a Sunday column (Thanks, Ray!) and sticking with me through a contentious decade, and to Fred at KRWG for suggesting I adapt the column for radio. (Strangers greet me, recognizing my voice. A Silver City bookstore owner remarked, “You can’t imagine the arguments we’ve had while I shave.”) The column has allowed me to speak up – sometimes for folks who have important things to say but can’t. That’s unimaginably satisfying and humbling.

In 2011, Donald Trump was still mostly a New York joke with some sort of reality-TV show; the Organ Mountains weren’t a national monument; Bud Wanzer was living off the grid in Derry; Mark Medoff was writing every morning at 5 a.m., Miguel Silva and Olga Pedroza were City Councilors, Fred Stern was making rainbows for awestruck children of all ages, and Karen Trujillo was innovating with Math Snacks.

We’ve survived (so far!) a global pandemic and the first invasion of our Capitol since the Brits in 1814, but truth, rationalism, and democracy have suffered potentially mortal illnesses.

I’ve shared simple but wonderful moments with dear friends, enjoyed locally-grown food and locally-made art, and fought some battles we thought needed fighting. I’ve also played lots of pickleball, of which I’d never heard in 2011.  (Thanks, Ray!)  Above all, we’re part of a community we care about, contribute to, and learn from.

I’ve learned to value what’s local – not just healthier, tastier food (Thanks, Farmers Market!), but the deeper connections to people and possibility of honest dialogue. (The bumpersticker on my wife’s 1969 VW read, “Don’t Believe Everything You Think!” That goes double or triple in the hyper-partisan 21^st Century cyberworld.) I try to be candid, but collegial; and to listen. Even if we disagree politically, I can root for your kid playing junior college baseball, and you can snort at a line in my column.

I’m learning to savor each moment, because (like a desert rain) the next one may not come.

George Floyd and others have taught us, in awful ways, not only that we’re all equal but that we forget that much too often. (Or can we ever learn that?) Mr. Trump is kindly teaching us that, just as you nurture vegetables or relationships, retaining democracy requires thoughtful attention.

I’m grateful for the chance to do what I can, and for this bench where I can enjoy a chocolate cone, forget for a moment what we’re doing to the planet, and luxuriate in being home.

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[The above column appeared this morning, Sunday, 16 May 2021, in the Las Cruces Sun-News, as well as on the newspaper's website and KRWG's website. A related radio commentary will air during the week on KRWG (90.7 FM) and KTAL-LP. (101.5 FM – http://www.lccommunityradio.org/), and will shortly be available on demand on KRWG’s site.]

[Interestingly, in today’s Sun-News were three letters commenting on a previous column regarding the Republicans. Cheney vs. The Big Lie, etc. Not all the comments real friendly. Which is fine – I’ll invite the writer to discuss these issues with us on radio. Sometimes that works out real well. Sometimes it doesn’t.]

 

Bear - 2010

I mentioned Bear and Foxy.  We had a special relationship with Bear.  I had fed him with an eye-dropper when he'd normally have still been with his mother.  I was surrounded by kittens just then, but Bear and I kind of saw each other real clearly, and he was one of the few who stayed awhile, and the only one to

Bear - 2016 - Talavera

make the move to Las Cruces with Dael and me.  He was pretty traumatized by the long, crazy drive from Oakland in the pickup truck with Dael, and initially didn't venture outside, but once he did he loved it, and survived the wildness where for years we often saw coyotes and rattlesnakes.  He died after we moved into town.

Foxy w Dael at the river

Self-portrait w Fox

As to the Fox, she lived with a friend, but joined us when a move was necessary, and is a delight.  Has really come into her own, with a real yard and more exercise.  It's been wonderful to watch her with Dael, whom she worshiped even before coming to live with us -- and who's dedicated to Foxy's welfare.  Can't recall whether or not I've posted this here, but:

             Dog’s head in my lap.
                        She knows only this moment.
            I am still learning.

 

I'm too busy this morning, but want to post a selection of photos of the land here, and a few people, to express my awe, wonder, joy.

near our new home 2010

 

Will Republicans Choose Democracy?

The Republican Party’s attacks on Liz Cheney demonstrate why the Trump-inspired question, “What would I do if I were a Republican?” has renewed urgency.

In 2016, conservatives and voters who “distrust all politicians” were sufficiently disenchanted with the U.S. political works to help toss in Donald Trump as a giant monkey wrench. Trump also attracted racist and jingoistic haters; but most Trump voters I know are regular folks. Many soon realized that the reality of “President Trump” was disastrous. He not only said and did harsh things to refugees and immigrants, socialist and atheists, and “welfare bums,” he endangered most everything U.S. patriots prize, such as national security, the rule of law, ethics in government, and separation of powers.

Many watched closely, and reacted by tossing Trump out of our White House. That fact has been reasonably praised as evidence our system still works. (African-Americans, Native Americans, and other citizens might say our system is finally beginning to work.)

But make no mistake: Mr. Trump, his deluded followers, and cynical politicians such as Messrs. Cruz and McCarthy still have our democracy in their gunsights.

If you’re a conservative who loves our country and distrusts Biden’s rainbow administration and ambitious stimulus and infrastructure ideas, you’d love to relax back into your traditional Republicanism; but the Party won’t let you.

Case in point: the very conservative Cheney won’t join Trump’s anti-democratic movement. She hasn’t forgotten that Trump’s false claim of election theft provoked violence on January 6. Courts, including Trump-appointed judges, rejected Trump’s election-fraud claims. Trump himself has never articulated how some massive, multi-state conspiracy occurred. But he’s repeating the lie, knowing it could provoke violence again.

Cheney says Trump is forcing Republicans to choose between his lies and “truth and fidelity to the Constitution.”

Kowtowing to Trump and the “base” won’t increase the Republican Party’s overall popularity. Most folks recognize there’s no hint of evidence of significant election fraud. They also honor John McCain as a war hero, prefer a government that competently fights a pandemic rather than denying it, and idolize George Washington, not Vladimir Putin. Many voters recognize that many of Trump’s allies don’t believe Trump’s lies either, but hope to benefit politically; and if politicians lack the backbone or integrity to stand up to a blowhard like Trump, how can we trust them to make hard national/international decisions on our behalf? (A prominent Republican pollster/consultant says Trump’s a massive favorite to win the 2024 Republican nomination, but a massive underdog to Biden.)

Consequently, Republican-controlled states are changing the election process to guarantee a Republican “win” in 2024, no matter what “those crazy voters” actually do. While proponents of the voter suppression laws stress relatively reasonable issues such as requiring more identification from voters, these laws contain dangerous provisions that severely limit voting access and (in Georgia) would empower Republican legislators to toss out county voting boards that certified honest counts the legislators didn’t like!

A key lesson from How Democracies Die (Levitsky/Ziblatt 2018) is that sometimes an authoritarian threat can be repulsed only if ideological allies of the authoritarian choose democracy over ideology.

That’s precisely Cheney’s choice, and the reason for it; but too many Republican lawmakers are choosing authoritarianism – or foolishly imagining they can control the would-be authoritarian.

Trump has declared war on democracy. Cruz and Hawley hope to gain by helping him. Cheney stands against them. Each Republican voter has a decision to make.

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[The above column appeared this morning, Sunday, 9 May 2021, in the Las Cruces Sun-News, as well as on the newspaper's website and KRWG's website. A related radio commentary will air during the week on KRWG (90.7 FM) and KTAL-LP. (101.5 FM – http://www.lccommunityradio.org/), and will shortly be available on demand on KRWG’s site.]