A Broken Legislative Process

Last week I received an email and a phone call from a reader wanting to discuss my post regarding the government's case in the Metropolitan Courthouse Scandal. Specifically, the reader was troubled by this:

Speaking of unnamed folks in the legislature:

During the 2003 legislative session, Defendant Aragon told a legislative staff member to redirect funds that had been allocated in 1999 to two other projects to the Metropolitan Courthouse for use as additional funding on that project. Defendant Aragon's statements, which caused the redirection of the funds, made additional funds accessible to the members of the conspiracy related to the building of the Metropolitan Courthouse.

Kind of makes you wonder who is this unnamed "legislative staff member" who aided and abetted in defrauding the taxpayers? The 2003 legislative session wasn't that long ago. Is this person still working in the legislature? Are they now assisting other politicians in making "additional funds accessible" for other building conspiracies?

Unfortunately, I was in Washington D.C. with my family last week, so I didn't get to return the phone call for a frank discussion until yesterday. During which time, the reader made a very good point that is worth repeating here. Namely, that "aided and abetted in defrauding taxpayers" may be an unfair way to portray the act of the legislative staff member.

The way this process was explained to me, a legislator (or his/her staff member) asks the legislative staff to draft a change for a reauthorization or insertion of capital outlay into the capital outlay bill. This is done, and it is then voted on by the Legislator. So, charging the legislative staff member with "aiding and abetting " would make as much sense as charging the typist who typed up the change or the courier who delivered the new bill.

So, this brings us back to who has responsibility? Well, the simple answer is that the legislators who voted to approve the 340 page bill and the Governor who signed the bill without questioning the misappropriation of funds share the responsibility.

A quick search of the 2003 Capital Outlay bill, H.B. 200 reveals that "Metropolitan" shows up six times within two pages on the 340 page document. First, money that had previously been appropriated to Indian Pueblo Cultural Center were appropriated to the Metropolitan Courthouse.

But, here is the really disturbing part:

Section 121. MOUNTAIN VIEW ELEMENTARY SCHOOL--CHANGE PURPOSE AND EXTEND EXPENDITURE PERIOD FOR THE METROPOLITAN COURTHOUSE IN BERNALILLO COUNTY.--The balance of proceeds from the sale of severance tax bonds appropriated to the state department of public education pursuant to Subsection T of Section 19 of Chapter 2 of Laws 1999 (1st S.S.) for educational technology at Mountain View elementary school in Albuquerque in Bernalillo county shall not be expended for the original purpose but is reauthorized and appropriated to the Bernalillo county metropolitan court for the purpose of furnishing and equipping the new metropolitan courthouse in Bernalillo county.

That's right, they took money for our kids to line their pockets. And, the kicker to all of this comes from this paragraph taken from Governor Bill Richardson's 2003 State of the State to kickoff the Legisaltive Session:

We cannot achieve our lofty economic and educational goals without first meeting our most basic needs. When I proposed my budget, I set out three basic goals: Better schools, better jobs and more money in the pockets of New Mexicans.

Well, I guess he succeeded in putting more money in the pockets of some New Mexicans.

Taking a Look at The Government's Case

On October 25, 2007, the federal government filed two document notifying their intent to introduce evidence in the Metropolitan Courthouse kickback scandal. If you take a look at the filing, what is most interesting is not who is named, but who is not named as a "co-conspirator."

For example, despite the fact that lobbyists are often portrayed and perceived as evil and corrupting influences in the "wholesome" legislative process, the filing tells a different tale:

During the time that Defendant Michael Murphy was a board member of the Albuquerque Metropolitan Area Flood Control Authority (AMAFCA), he asked a lobbyist to deliver funds to two influential politicians. Defendant Murphy told the lobbyist that his payment from AMAFCA would be increased to pay for the funds that were to go to these two politicians. The total amount of the funds that was to be paid to these two politicians was approximately $30,000.00. The lobbyist refused to agree to this requested arrangement.

Now, it is interesting that the honest lobbyist is not named. But, I guess it's not to difficult for someone to do a little digging and figure out when Michael Murphy was elected to the AMAFCA Board, and then hop over to the Secretary of State's website and discover who was registered as a lobbyist for AMAFCA at that time.

However, the big question here that is not quite as easily answered is who are the "two influential politicians" that were supposed to receive $30,000 from Michael Murphy? It would be safe to assume we are not talking about Manny Aragon, since he is already identified in the filing as a co-conspirator. Are these unnamed influential politicians still serving in the Legislature? Are they Democrats or Republicans? Can they still be bought for $30,000?

Speaking of unnamed folks in the legislature:

During the 2003 legislative session, Defendant Aragon told a legislative staff member to redirect funds that had been allocated in 1999 to two other projects to the Metropolitan Courthouse for use as additional funding on that project. Defendant Aragon's statements, which caused the redirection of the funds, made additional funds accessible to the members of the conspiracy related to the building of the Metropolitan Courthouse.

Kind of makes you wonder who is this unnamed "legislative staff member" who aided and abetted in defrauding the taxpayers? The 2003 legislative session wasn't that long ago. Is this person still working in the legislature? Are they now assisting other politicians in making "additional funds accessible" for other building conspiracies?

I've got to run, but let me leave you with this thought...

The next time you read in the paper about "ethics reform efforts" being proposed by the Legislature, you might want to ponder if any of those serving on the ethics task force are actually the unnamed politicians from the conspiracy.

"How to Ink a Book Deal" by David Iglesias

Former U.S. Attorney David Iglesias is suffering from withdrawal - media limelight withdrawal. Iglesias fatigue has set in with the media and the public in general, so the media focus has shifted on to the prosecution of the LONG AWAITED courthouse indictments - something actually newsworthy.

So, what's Mr. Iglesias to do? Well, according to the Albuquerque Journal (subscription):

Former U.S. Attorney David Iglesias is seeking the help of a federal investigative office to determine if he was fired illegally for missing work to serve in the U.S. Naval Reserve.

Iglesias, who was forced to resign Dec. 7 after five years as New Mexico's U.S. attorney, has previously contended he was fired for political reasons. He has also suggested the Justice Department later developed a case to show he was fired for poor job performance.

This week, he filed a complaint with the Office of Special Counsel, an investigative arm of the federal government, asking it to investigate if he was illegally fired for fulfilling his Naval Reserve obligations.

Iglesias said he was approached by officials from the Office of Special Counsel about filing a complaint.

Now, it's that last paragraph above that warrants your additional attention. The disgruntled former U.S. Attorney is attempting to paint the picture that he is just responding to a request from the Office of Special Counsel, but this is where it gets a little suspect:

Loren Smith, an OSC spokesman, confirmed that Iglesias has filed a complaint and that the agency is investigating.

Smith said he was unsure exactly how the complaint was initiated but said Iglesias is a friend of a staffer at the agency and that the two had discussed the matter before the complaint was filed.

Hmm, if I was a cynic, I might think this is all about trying to add a few chapters to that planned "inspirational" book (subscription) and maybe improve the chances of inking a deal:

Former U.S. Attorney David Iglesias said Thursday he might write a book to tell his life story and wants a government retraction and apology for his firing.

Iglesias told the Journal on Thursday that he has been approached by three "literary agents"— two from the East Coast and one from the West Coast— who have expressed interest in signing him to a book deal.

The New Mexico Republican, who was forced to resign as the state's U.S. attorney on Dec. 7, declined to name the agents or publishing houses and said he has not yet inked a deal.

After all, it's not like the major publishing houses need to put out another travel guide.


NOTE: Turn on KNME's The Line tonight at 7:00 p.m. to catch me talking about the latest and greatest.

Donating to Charity

I'm all for supporting charities, but this practice of politicians announcing in the press that they are turning tainted money over to their favorite charity (subscription) just doesn't sit right with me.

Richardson on Monday vowed to donate to charity all of the campaign money his camp received from people or companies implicated in the courthouse scandal.

Lt. Gov. Diane Denish and state Attorney General Gary King followed suit on Tuesday. And the state chairman of a group that battled— mostly unsuccessfully— for sweeping ethics reform in the just-concluded state legislative session said every politician who took money from Schultz should do likewise.

The purpose of campaign contributions is to buy awareness and influence voters, and by publicly acknowledging that you're donating it to a cause, that money is working precisely the way it was supposed to work. Wasn't Eric Serna being investigated for soliciting contributions to his favorite charity? I'm not sure this is too different.

Is it really necessary for politicians to issue press releases to announce who the recipients of the donation will be? Doesn't this seem a bit unwarranted:

Denish in a news release Tuesday said she is giving $1,000 in contributions from those implicated in the scandal to the New Mexico Cancer Center Foundation.

A very worthy cause, but did the Lt. Governor really need to release who would be the beneficiary of the donation. It seems to me that the money should just be returned to the donor. It may not be the most productive use of the dollars, but the alternative, at least with the fanfare it is being given, just doesn't seem right.

ABQ Journal Editorial Non Sequitur

Talk about missing the mark, the Albuquerque Journal missed it today and missed it by a long shot. How can the editorial board of the state's largest daily newspaper be so easily duped as to believe "ethics reform" is going to have any effect on stopping crooks, thieves and swindlers?

Read this opening paragraph to today's editorial (subscription):

If having the former leader of the New Mexico Senate indicted in a multimillion-dollar kickback scheme doesn't scream "we need ethics reform," then probably nothing does.

Most states have limits on campaign contributions. Most have some form of an independent ethics commission empowered to oversee public officials. But in New Mexico, the sky's still the limit when it comes to campaign donations, and government officials are still expected to police themselves.

That is a complete and total non sequitur. What in the world does a construction kickback scheme have to do with campaign contributions? Anybody want to bet that Governor Richardson's folks walked into the editorial board and fed them this nonsense? Probably no need to bet, since the giveaway is found towards the end of the editorial:

Despite prodding from Gov. Bill Richardson, neither ethics measure was deemed worthy enough of lawmakers' attention to warrant up-or-down roll call votes. And that should get the public's attention.

Give me a break. Governor Bill Richardson has steered the biggest and most successful pay to play administration New Mexico has ever seen. Moreover, this is the Governor who fought tooth and nail to keep any campaign contribution limits from being thrust upon him before he ran for re-election. C'mon Journal, it was only a year ago, and it was reported in your pages (subscription):

Gov. Bill Richardson wants lawmakers to postpone work on broad ethics or lobbying reforms until next year and instead focus on anti-corruption proposals developed in the wake of a kickback scandal involving state treasurers.

Richardson's comments came Wednesday after a Senate committee unanimously approved a bill to prohibit campaign contributions and most gifts to legislators and state elected officials — such as the governor and treasurer — from companies and individuals providing investment or financial services to the state.

At the time, Governor Richardson gave some lame excuse about thirty days not being enough time to fully consider ethics reform. So, please explain to me, if thirty days is not enough time, then how the heck is a week and a half special session enough time?

It's mind blowing to me that the editorial board fell for such obvious political spin. They should be seasoned enough to have recognized it for what it was. An absentee Governor trying to save face for making a poor executive decision by forcing the legislature back into session right on the heels of a 60 day session.

Schumer Releases Official Transcript of Domenici Call to Iglesias

I don't usually write on Sunday's, but this is just too important to wait until tomorrow. In an apparent attempt to keep the partisan bashing of New Mexico's Republican Congressional Representatives alive, Senator Charles Schumer (D-NY) earlier today released the official transcripts of the now infamous call between former U.S. Attorney David Iglesias and U.S. Senator Pete Domenici (R-NM).

Under a little known section of the Patriot Act, the U.S. Senate Select Committee on Intelligence has been recording all conversations between its members and other branches of U.S. Government. When the Senate was under Republican control, this information was only used to keep the caucus voting as a block. However, now that the tide has turned, and the Democrats control the Senate, the Democratic Senatorial Congressional Committee (DSCC) is on record as saying they will shamelessly use the information as often as necessary to win additional seats in the Senate for Democrats.

In what will most likely go down in the history books as the beginning of a new dawn in American politics, Senator Schumer, at the urging of former New Mexico Attorney General Patricia Madrid, has released the transcript below from that fateful day in October:

5:04 p.m. October 27, 2006

U.S. Senator Pete Domenici: Hello, this is Pete. I want to -

U.S. Attorney David Iglesias: Just a second, Pete. Honey, can you turn up the volume.

Heard in the background: "YOU CAN'T HANDLE THE TRUTH!"

U.S. Attorney David Iglesias: Ah, I love that scene. Pete, did I ever tell you the movie a Few Good Men was based on my life?

U.S. Senator Pete Domenici: Yes, David. Now listen, I have something important to ask you?

U.S. Attorney David Iglesias: Pete, hold on a second. Sweetheart, where's the suntan lotion? Oh, thanks. Pete, have you ever been to Bali Bali?

U.S. Senator Pete Domenici: No, David, I haven't. The reason I'm calling -

U.S. Attorney David Iglesias: Me neither. I can't thank you enough for getting me this job. The foreign travel perks have been FANTASTIC. I've seen more of the world in this job than in my whole time in the service. In fact, if it wasn't for the all this legal stuff they keep asking me to do, I'd say this was the best darn job in the whole world.

U.S. Senator Pete Domenici: David, that's why I'm calling. You see, people are calling me, and complaining about -

U.S. Attorney David Iglesias: Oh, Pete, don't worry about that. You're so old school. People call me all the time. I just have them put straight into voicemail. After all, a guy can only listen to so much whining about voter fraud. This is New Mexico, of course we have voter fraud. Pete, you got to learn to just ignore folks.

U.S. Senator Pete Domenici: David, are you going to file indictments before your next trip abroad in November?

U.S. Attorney David Iglesias: No.

U.S. Senator Pete Domenici: I'm sorry to hear that.

Sound of line going dead.

U.S. Attorney David Iglesias: Pete, Pete, are you still there? Huh? Honey, where is that travel itinerary? Oh, and bring me my antacids. You know how I always feel sick to my stomach before traveling.

5:07 p.m. October 27, 2006

New Mexico Democratic Party Chairman, John Wertheim, held a press conference today in front of the Bernalillo County Courthouse, in which he stated:

I'm glad the good Senator from New York, Senator Schumer, released this transcript today. People were beginning to lose focus. Too much emphasis was being placed on the indictments against my good friend and a New Mexico treasure, former State Senator and fired Highlands University President, Manny Aragon. So, what if former Senator Aragon took a little bit of money for himself. He worked tirelessly handing out New Mexico taxpayers' money to his friends for years. Is it really a crime that he should finally keep a bit for himself? Do you realize that our state legislators don't get paid?

No, what's really important is the total disregard Senator Pete Domenici showed when he violated U.S. Attorney David Iglesias in his own home and emasculated him in the presence of his wife.

The transcripts clearly show that the Senator doesn't understand that the work day ends at 5:00 p.m. Maybe back in the old days people put in long hours, but this is the 21st century, and we have rights. The U.S. Attorney is not a greeter at Walmart. He doesn't even get overtime. No, my friends, Senator Pete Domenici stepped over the line, and showed little regard for David Iglesias.

The transcripts clearly showed that the Senator did not even once ask David how long he would be gone? He didn't even think to ask if he should send someone to check on David's house while he was traveling. He didn't even have the courtesy to say goodbye before ending the conversation.

Let us not lose sight of what it truly important. Another New Mexico kickback scandal is nothing compared to a Senator who answers the phone when his constituents call and then proceeds to take action. Senator Domenici set a very dangerous precedent here for all New Mexico politicians.

In fact, I have it on good authority, that in 35 years of service, Senator Pete has never even taken a kickback. No, this cannot go on. We must unite and take back this U.S. Senate seat. In the name of Manny Aragon, Michael Montoya and Robert Vigil, our future, the future of the Democratic Party of New Mexico, depends on it.

Stay tuned for more on this developing story.

What a World of Difference a Change Can Make

Successful prosecution of public corruption under former U.S. Attorney David Iglesias (R) and former Attorney General Patricia Madrid (D) was, well, practically non-existent. They were the perfect example of the gang who couldn't shoot straight. First, Mr. Iglesias botched the Vigil case, and then Ms. Madrid makes a bad situation worse be indicting the witnesses.

Compare that to what just happened yesterday:

Acting United States Attorney Larry Gomez and New Mexico Attorney General Gary King in conjunction with the Federal Bureau of Investigation (FBI) SAC Thomas McClenaghan announce the filing today, Thursday, March 29th, of a federal grand jury indictment charging four defendants in a conspiracy, mail fraud and money laundering public corruption case. Those charged defendants are Toby Martinez, Manny Aragon, Raul Parra and Sandra Mata Martinez. The loss to the State of New Mexico taxpayers of approximately $4.2 million forms the basis of the indictment.

Now, anyone still wonder why neither the former U.S. Attorney or Attorney General have a job. Yeah, I didn't think so. Oh, and just for the record, Ken Schultz, the former Albuquerque Mayor who plead guilty in this thing, is a registered Republican, so any blogger trying to pretend that these are all Democrats is purposely trying to mislead his readers to keep the Democratic campaign against our Congresswoman and Senator alive.

Manny Aragon Indictment

UPDATE: Due to the recent Courthouse indictments, this post is getting a lot of hits, so I thought all of the new visitors might appreciate links to a more recent post from the day after the indictments. Make sure to check the main page often, as I'll post more as case moves forward.


People arrive on this site through a variety of key word searches. Sometimes looking at the searches that brings them to this blog is a good indication of news that's about to break. For example, just hours ago someone did a Google search for "Manny Aragon Indictment" and landed here. Now, I'm not listed until the second page of the search, so I can't help but think they were looking for something in particular. A quick check of the Albuquerque Journal website shows this breaking story (subscription):

New Mexico Highlands University President Manny Aragon has been placed on administrative leave, and regents said Wednesday they were negotiating his role at the northern New Mexico school.

The decision to put Aragon on leave was made over the course of recent days, Regents Chairman Javier Gonzales and Regent John Loehr confirmed Wednesday evening. They declined to say what prompted the decision.

"It is a personnel issue and discussions are currently under way,'' Loehr said, adding that he expected a "fairly early resolution.''

Aragon, reached Wednesday evening at his home in Albuquerque, declined comment. He said only that he and the regents were in negotiations about his future at the university.

Can't help but wonder if the two are connected, or if this is just an odd coincidence. I guess we will know more soon.