Category: Uncategorized

Just when you think Phil Jensen had that foot out of his mouth from last election’s comments over racial discrimination….

“If someone was a member of the Ku Klux Klan, and they were running a little bakery for instance, the majority of us would find it detestable that they refuse to serve blacks, and guess what? In a matter of weeks or so that business would shut down because no one is going to patronize them,” Jensen told the Rapid City Journal.

Read that here.

…. he manages to wedge it back in there with the other foot with his comments in today’s Rapid City Journal:

Speaking over the phone on the way to Pierre on Tuesday, Jensen recalled when one of his constituents told him he witnessed “dozens of South Americans” fleeing a white bus parked near downtown Rapid City.

“He knew they were South Americans,” Jensen said, “because they had different skull structures and skin tones from Mexicans.”

Read it here.

“He knew they were South Americans,” Jensen said, “because they had different skull structures and skin tones from Mexicans.”  Wow. I didn’t realize we had anthropology and bone structure experts wandering the streets.

It’s time to start cringing again.

Republican State Representative Dan Kaiser has been going through an experience I wouldn’t wish on anyone.   Kaiser has been busy for most of the session attending to his child in Sioux Falls who has been bravely battling leukemia. The Kaiser family has been the recipient of an outpouring of support for their son Jaxon, as they work for his treatment and recovery. I didn’t think there was anyone who would begrudge him that, until yesterday.

And yesterday is when a recent comment from newly announced District 3 State Senate Candidate Cory Heidelberger was shocking to the sensibility of many, as he suggested Kaiser’s resignation, so a bill Heidelberger favored could be passed:

Apparently, the cancer diagnosis was too inconvenient for the Aberdeen Democrat candidate for office.  However, the comment was crass enough for at least one Republican legislator to take the time to chastise the ultra-liberal legislative hopeful for his insensitivity towards Kaiser:

Should voters hold this against Heidelberger at the ballot box?

Well, this could be awkward.  The Yankton Press and Dakotan came out with an editorial last night about how the opponent for John Thune will likely be a “token lamb for slaughter.” Considering that the opponent has been long rumored as being Yankton County Democrat Chair, Jay Williams, this editorial might just sting a little more sharply.

Here’s some good news for South Dakota Democrats: The party says it will have a candidate to run against Sen. John Thune this year.

Who will that candidate be?

Well, as of this writing, that may be the bad news.

and…

So, unless it’s someone like former Rep. Stephanie Herseth Sandlin or former Sen. Tom Daschle — whose names still carry considerable weight in this state and are still occasionally whispered in some Democratic circles with wishful, nostalgic longing — it’s hard to imagine anyone else running who would be little more than a token lamb for slaughter, which is something we’ve seen in some recent elections, to be frank about it.

Read it all here.

If Williams is announced as the Dem candidate on Friday as expected, this column could prove to be a little awkward in  his hometown. Although, I suspect they would have no reason to retract one word.

From public broadcasting:

A measure known as the transgender bathroom bill is on its way to the governor’s desk. House Bill 1008 survived the State Senate on Tuesday. Fifteen lawmakers in that chamber oppose the legislation, but 20 support it.

Supporters of the so-called transgender bathroom bill say it protects student privacy by securing restrooms for opposite biological sexes. The bill determines sex based on anatomy and birth certificates.

Read it here.

What are your thoughts?  Should the Governor sign the bill, or should he veto it?

I had a note from my attorney today: “Dan Willard paid up today. Both the sanctions, and the fees. Thought you’d like to know.”   And so, it marks the end of my involvement in the State of SD vs. Dan Willard.

The Dan Willard case. You remember that – The whole robocall thing? Yes, that case has still been dragging on.

I wrote about my award in the case. Of course, that was back in December 2013:

CONCLUSION: After careful consideration of the four factors provided by the South Dakota Supreme Court in Guthrie, the Court finds reasonable the imposition of sanctions in the amount of $250.00 for issuing the subpoena to Mr. Powers in bad faith, and $250.00 for issuing the subpoena to Mr. Lederman in bad faith. The Court imposes terms equaling a total of $500.00 against the defendant, Daniel Willard.

As a result of all of this, the court set the precedent that some bloggers, in this case, specifically me, are Journalists in the eyes of the law. And, that Daniel Willard was pursuing this matter against me in bad faith.

Read that long ago post here.

And after about, oh, 26 months. Willard finally paid. But not for lack of trying to get out of it. He filed a notice of appeal, extensions, etc. to drag it out to the point where my attorney had to go to a hearing for his failure to pay the $250.

Willard had to be served, and other costs made it rack up to the point where another $3100 in fees were accrued in just trying to serve notice that he’d failed in paying the original $500. And I don’t think Judge Foley was entirely pleased that it drug on this long, especially since he let Willard off the hook for $10,000 of court costs to begin with.

But, it seems Willard finally came to his senses, finally paying the $500 in court fees. And another $3100 in costs beyond that.

It might have just been cheaper to pay them in the first place.

Federal Court Denies Rhines’ Petition to Overturn Conviction and Capital Sentence

PIERRE, S.D. – Attorney General Marty Jackley announces the United States District Court for the District of South Dakota has denied Charles Russell Rhines’ petition for a writ of habeas corpus. Rhines’ petition sought to overturn his conviction and death sentence for the murder of 22-year-old Donnivan Schaeffer in Rapid City on March 8, 1992.

“The Federal Court’s ruling affirms that Charles Russell Rhines’ murder conviction and capital sentence are appropriate and constitutional. My thoughts and prayers are with Donnivan Schaeffer’s family, who have waited 24 years for justice in this case,” said Jackley.

A Pennington County jury convicted Rhines of first degree murder in 1993 and returned a sentence of death. Rhines’ conviction and death sentence were affirmed on direct appeal by the South Dakota Supreme Court in 1996. Rhines then challenged his conviction and sentence in state and federal habeas corpus proceedings.

With the conclusion of his federal habeas corpus proceedings, Rhines has the right to appeal the District Court’s decision to the United States Court of Appeals for the 8th Circuit and, ultimately, to the United States Supreme Court.

Another awful fundraising email from Paula Hawks for Congress:

From: Paula Hawks
Date: February 16, 2016 at 3:28:52 PM CST
To:
Subject: this is a disaster
Reply-To: [email protected]

(Redacted), as I’m sure you know, there is a massive public health crisis in Flint, Michigan, where the water has been found to contain dangerous levels of lead and other harmful chemical contaminants.

This has been the case for years in some Flint neighborhoods, but government officials have turned a blind eye to this disaster. Now, more than 10,000 children in Flint have been exposed to harmful concentrations of lead in their water.

We need to help our neighbors hold their government accountable. Click here to sign the petition to demand solutions for the Flint water crisis.

It’s no secret that South Dakota has had more than its fair share of government corruption and incompetence. The water crisis in Flint is just one example of what can happen when elected officials serve their best interest instead of the people’s.

I’m running for Congress to oppose selfish and corrupt attitudes like that here in South Dakota. We need to be able to hold our elected officials accountable – not only for the problems they cause but for the ones they ignore for political reasons.

Join me to hold Michigan government officials accountable to the people of Flint – add your name now!

Thanks for stepping up,

Paula

Well, this email is a little bizarre. And awkward.

Does someone need to be reminded that this is South Dakota? How exactly does she intend to hold Michigan officials responsible?

And how is giving money to Paula going to do anything?

As the advocates for more and more government control continue to press their case on many issues, including in the instance of payday lending which we’ll be seeing on the ballot this fall, I came across what one South Dakotan had to say on the topic, former United States Senator and liberal icon George McGovern.

In an extensive column on the topic which appeared in the Wall Street Journal, even this conservative Republican has to give George McGovern credit. Because unlike his liberal successors who seem hell bent into casting our society into socialism, he finds value in the system he fought in World War II to defend. To be free, and to choose our own destiny; even if others might not agree with that freedom:

Nearly 16 years ago in these very pages, I wrote that “‘one-size-fits all’ rules for business ignore the reality of the market place.” Today I’m watching some broad rules evolve on individual decisions that are even worse.

Under the guise of protecting us from ourselves, the right and the left are becoming ever more aggressive in regulating behavior. Much paternalist scrutiny has recently centered on personal economics, including calls to regulate subprime mortgages. …

… The real question for policy makers is how to protect those worthy borrowers who are struggling, without throwing out a system that works fine for the majority of its users (all of whom have freely chosen to use it). If the tub is more baby than bathwater, we should think twice about dumping everything out.

and..

Economic paternalism takes its newest form with the campaign against short-term small loans, commonly known as “payday lending.” …

…With payday lending, people in need of immediate money can borrow against their future paychecks, allowing emergency purchases or bill payments they could not otherwise make. The service comes at the cost of a significant fee — usually $15 for every $100 borrowed for two weeks. But the cost seems reasonable when all your other options, such as bounced checks or skipped credit-card payments, are obviously more expensive and play havoc with your credit rating.

Anguished at the fact that payday lending isn’t perfect, some people would outlaw the service entirely, or cap fees at such low levels that no lender will provide the service. Anyone who’s familiar with the law of unintended consequences should be able to guess what happens next.

and..

.Since leaving office I’ve written about public policy from a new perspective: outside looking in. I’ve come to realize that protecting freedom of choice in our everyday lives is essential to maintaining a healthy civil society.

Why do we think we are helping adult consumers by taking away their options? We don’t take away cars because we don’t like some people speeding. We allow state lotteries despite knowing some people are betting their grocery money. Everyone is exposed to economic risks of some kind. But we don’t operate mindlessly in trying to smooth out every theoretical wrinkle in life.

The nature of freedom of choice is that some people will misuse their responsibility and hurt themselves in the process. We should do our best to educate them, but without diminishing choice for everyone else.

Read it all here (Subscription required)

“The nature of freedom of choice is that some people will misuse their responsibility and hurt themselves in the process. We should do our best to educate them, but without diminishing choice for everyone else.”  That might be the best point in the entire article.   Because that’s the problem. Our society is at a cross roads because that’s exactly what too many people are trying to do.

As opposed to giving people the freedom and responsibility to manage their own affairs, we are faced with a perpetually growing government charged with treating the population as they would an infant, as we surrender more and more of our freedoms.  And it’s the same thing that payday lending opponents are doing with legislative and ballot measures. It’s a smothering and overwhelming altruism.

Is it a healthy society whose every action and decision is evaluated and controlled because someone decided it was for our own good?  As a conservative Republican I don’t think so. Neither did liberal Democrat George McGovern.

Because, despite our vast differences, I believe we both shared the same vision of America as the land of freedom – not the land of socialism and government control.

I can only hope my children and grandchildren will be able to experience a free country as I was able to experience in my lifetime. But, I have my doubts. Because as we continue to travel down a path of fewer and fewer freedoms, I think there will come a point when we will question whether we can call ourselves a free society at all.

If I haven’t mentioned it, I’m hearing from my spies that Ann Tornberg is carrying petitions for Jay Williams, which continues the confirmation I’m hearing about him being the Democrat candidate against Thune.

Which bring to mind the prep work that Democrats have done as they move forward. Or more specifically, the prep work they’ve failed to do in their desperation to come up with a warm body.

About two years ago.. actually two years ago in March, I came across a candidate who was doing some staggeringly stupid things with social media, and did a post on why it’s important to police your social media:

The really bad thing (aside from what was written) was that Silvis should have not been unaware of what goes on in elections, with her mom being the Codington County Democratic Chairman at the time. I pointed out that before she decided to run for office, you would think that she probably would have cleaned it up a bit.

I mean, it’s her facebook, but open to the world it becomes an open door for opposition research, and at the least, could have provided some very embarrassing things to have to respond to in public forums.

Fast forward two years, and I hate to say, but here we go again!

Two years later, and someone who has been eyeing a candidacy for a major statewide office for several months, and not only is his social media wide open, it’s got several pictures that he probably would not care to see in a television commercial.

“You guys look sh*t-faced in these photos!!!”

Er, yeah… Thanks, buddy.  Sorry, but most South Dakotans would consider that a distraction from why we should consider Williams a serious candidate for the highest federal office in South Dakota.  And, just like the Watertown candidate from two years ago, it’s not like Mr. Williams shouldn’t know better – He’s ran for the South Dakota legislature twice, and he’s also been the Yankton County Democrat Chairman for a number of years.

And worse yet – Where was Ann Tornberg, the Democrat State Chairperson on all of this?  Is she some inert block of wood that is trotted out to be quoted for the media from time to time? Or does she actually have some skill in politics?  Because it sure looks like Tornberg neglected to do a simple social media vetting of their US Senate candidate before settling on him.

Unless, Democrats are that inept, or that desperate for anyone with a pulse to take on this improbable task?

Note to those considering running for office: if you have pictures of yourself on social media sites where even your own friends comment on your status in an unflattering manner, you might want to go ahead and pull those photos down. It’s your darn page, you get to control what you put out there for the world to see.

That’s just some free advice. You now live in a fishbowl. Police your social media.  Change your privacy settings. Take down things you don’t want to see on TV or the blogs.  It’s politics 102 after 101’s filling out your petition – don’t do stupid stuff.

Otherwise, one thing is clear. If this is what the Democrats have to offer up for US Senate, Jay Williams is not ready for prime time.

And Ann Tornberg may want to avoid termites.

Hughes and Stanley County Republicans are having their Lincoln Day Dinner tonight at the Ramkota inn in Pierre about 7pm.

Kristi Noem, Marty Jackley, & Mark Mickelson will be speaking, and Chris Nelson has teased an announcement, which I suspect is that he’s running again.

This event is sure to be a big draw, especially given the speculation of Noem, Jackley & Mickelson being in the hunt for Governor in 2018.

Social hour is at 5:30 PM, and the dinner begins at 6:30. Tickets are $30 each, and available at the door.

There is talk that the Democrats are having an event tonight in Fort Pierre as well. It just depends if the big table at Perkins is open. 

Although, they may get kicked out if they don’t order something.