Attorney General Marty Jackley in town today. Great discussion over coffee, and some insight you might not get otherwise.
As you might have noticed on facebook, Attorney General Marty Jackley spent some time in Brookings today, and I was invited over to have coffee with a group of others to listen to Marty address a number of topics in a free form Q & A session.
I had a exchange with Marty regarding law enforcement training in dealing with people with disabilities with a few things I’m going to follow up on; and it brought up a frightening statistic – there have been 19 officer involved shootings during his tenure, and almost all have involved either drug use, mental illness or both. Scary stuff, and it illustrates what officers on the street have to deal with, and potentially make life or death decisions regarding at a moment’s notice.
It was definitely an open, free wheeling discussion as Attorney General Jackley spoke on a broad range of topics, from immigration, to the Flandreau pot situation, to terrorism, human trafficking, and many other things. A freshman poly sci student who was having breakfast asked to join us, even though he admittedly was from Minnesota, and a Democrat. Marty didn’t care, and openly invited he and his companion into the conversation.
I did get the sense of frustration that Marty believes Congress as a whole should be using the power of the purse to go after federal agencies, as opposed to Attorney Generals having to band together to sue them, as in the case of WOTUS, which just had an injunction handed down today. That could potentially come up as a campaign theme to set himself apart should Marty decide to run for higher office, whether Governor or Congress.
I did ask about all the “petition crimes” that are being heaped upon his office, and whether some of them should be reduced to misdemeanors, so he could spend his time going after rapists and murderers. He noted that while he felt that some laws could be changed to give the Board of Elections and Secretary of State more authority to deal with minor matters, it’s up to them to ask for the authority, and the legislature to determine what weight they want such matters to have. And he’ll act accordingly.
Regardless, it was one of those rare opportunities to sit down with one of our statewide elected officials in an open, freewheeling discussion, and to get some insight, along with candid observations from their point of view.
Congresswoman Kristi Noem addresses professional group in Huron
From the Huron Daily Plainsman, Congresswoman Kristi Noem is still racking up the highway miles during the August Congressional recess, as she addresses the Huron Young Professionals luncheon on Monday:
When Congress returns to Washington, D.C., in September, Noem is hoping the House will pass a six-year transportation bill that would tie international tax reform to it to pay for it.
“It will be a permanent law that will allow all these companies that are keeping their dollars overseas to bring their money back into the United States and reinvest it,” Noem said.
A six-year highway bill would be the longest one in decades, and would give South Dakota certainty in addressing its deteriorating roads and bridges.
Noem said the most-often asked question she has gotten as she has traveled the state during the August recess deals with the controversial nuclear deal with Iran.
Like other countries in the region, she can’t support it.
It fails to eliminate Iran’s pathway to a nuclear weapon and there are no restrictions on how Iran can spend the $150 billion influx of cash as the sanctions are dropped, she said.
I don’t seem to recall other presidential candidates invoking “sentence helpers” like this.
I can’t say I’ve heard that other candidates have marked up speeches and written in the margin to their speech writer “I need an f-bomb here.”
Jackley: Federal District Court Issues Preliminary Injunction in WOTUS Case
Federal District Court Issues Preliminary Injunction in WOTUS Case
PIERRE, S.D – Attorney General Marty Jackley announced today that the District Court of North Dakota has issued a preliminary injunction in the Waters of the United States (WOTUS) case.
South Dakota joined 12 other states on August 11, 2015, challenging the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (CORPS).
“I remain concerned that the EPA and the CORPS are exceeding their authority granted by Congress. I am pleased the Federal District Court has agreed with the Attorneys General and has enjoined the EPA and the CORPS from enforcing a Rule that infringes upon our State authority. In short, the EPA and CORPS’ Rule will no longer take effect in South Dakota on August 28, 2015,” stated Jackley.
The States actively sought postponement of the impending implementation of the WOTUS Rule while the courts could fully address the states’ concerns. On June 29, 2015, thirteen states filed in federal district court in North Dakota asking the court to vacate the new rule and bar the EPA and the USACE from enforcing the new definition. Several other states have filed in their respective regions. The states contended the new definition of WOTUS violated provisions of the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the United States Constitution. Then on July 30, 2015, 31 states requested that the EPA and USACE delay the effective date of the new Rule defining “Waters of the United States” under the CWA. The Rule is currently set to go into effect on August 28, 2015. The States requested the Rule not be implemented for a period of at least nine months in order to give the courts time to review the legal challenges to the Rule.
The effect of today’s preliminary injunction is to delay the Rules implementation until the Court has an opportunity to fully review the administrative record. The Court found that it was likely that the EPA violated its grant of authority when it promulgated the Rule and likely failed to comply with the requirements in the Administrative Procedures Act. Finally, the Court found the risk of harm to the States is great.
Courts in both West Virginia and Georgia found that jurisdiction lies with the Circuit Court of Appeals and has denied the preliminary injunctions. Other courts have stayed their proceedings pending a request by EPA to consolidate all of the cases before one court.
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For those who are asking, yes, I’m doing some new stuff.
A number of you have asked me in person and privately what “the mysterious new jobs” are that I’ve added to my plate. It’s not a state secret, but I’ve been ridiculously busy with training, office meetings, getting up and running, etcetera, that I haven’t really had time to go into it. I’m still trying to get a VOIP phone up and running.
For those who are wondering, I recently became licensed to be one of South Dakota’s newest bail bondsmen, working for Speedy Release Bail Bonds. So, if you find yourself …ahem… momentarily on the wrong side of the law in the Brookings area, and you call 800-564-8898 seeking temporary release from the unfortunate situation you’ve found yourself in, I’m likely the person who will arrive to render assistance.
The other position I’ve taken on is for Leavitt Recreation and Hospitality Insurance, working on claims and social media. That job was unexpected, but not unwelcome, as the opportunity came up and I couldn’t say no. They’re a great company, and gives me a chance to go back to my insurance roots. And being a digital media manager isn’t awful for my resume. They do specialty insurance coverage for RV Parks, Dude Ranches, Trampoline Parks, and many, many other specialty recreation venues nationwide.
Although I’m the guy in the back room (more specifically, my basement), It’s a great opportunity. When it allows me to continue to do my website, my print work, political stuff, Real Estate, etcetera and so on, it’s an offer I couldn’t refuse. I’m always excited to engage my creative outlet and brush up on my skills in design and production. And, it gives me a good reason to eventually get my insurance license.
So for those who are asking, yes, I’m doing some new stuff. And loving every minute of it.
“I put my foot in my mouth more than I speak properly.” (Scott Adsit)
In an effort to inspire Porter Lansing to take his foot out of his mouth, he first has to know it is in there. Two weeks ago, repetitive liberal poster Porter posted the following as a definitive statement Obama’s Iran Nuclear deal merited approval by Congress:
Endorsement the day:
Three dozen retired generals and admirals released an open letter Tuesday supporting the Iran nuclear deal and urging Congress to do the same.
Calling the agreement “the most effective means currently available to prevent Iran from obtaining nuclear weapons,” the letter said that gaining international support for military action against Iran, should that ever become necessary, “would only be possible if we have first given the diplomatic path a chance.” – Karen DeYoung (WashingtonPost) Read it here
Today, 195 retired generals and admirals respond with:
“In our judgement as former senior military officers, the agreement will not (prevent Iran from developing nuclear weapons). Removing sanctions on Iron and releasing billions of dollars to its regime over the next ten years is inimical to the security of Israel and the Middle East. (There is no process of reinstating sanctions) should Iran violate the agreement. In this and other respects, the (Iran Agreement) would threaten the national security and vital interests of the United States and, therefore, should be disapproved by Congress.
“The agreement as construed does not “cut off every pathway” for Iran to acquire nuclear weapons. . . .
“The agreement is unverifiable. . . .
“The agreement provides by some estimates $150 Billion or more to Iran of sanctions relief. . . .
“In summary, this agreement will enable Iran to become far more dangerous, render the Mideast still more unstable and introduce new threats to American interests as well as our allies. In our professional opinion, far from being an alternative to war, (the agreement) makes it more likely that the war the Iranian regime has waged against us since 1979 will continue, with far higher risks to our national security interests. Accordingly, we urge the Congress to reject this defective accord.”
In short, 84% of the former retired generals and admirals have expressed opposition. 16% have expressed support. This is a landslide. Dirty toes in mouth isn’t good. The entire foot really isn’t good.
Jackley: Two Arrested in Gregory County Pursuit
Two Arrested in Gregory County Pursuit
PIERRE, S.D – Attorney General Marty Jackley and Gregory County States Attorney Amy Bartling announced today that Samantha J. Lane, 29, Sioux Falls and Nicholas C. Speckmeier, 29, Worthington, MN were arrested on several charges on Saturday, August 22nd. Charges stem from an attempted traffic stop by the Gregory County Sheriff’s Office around 12:30 a.m. early Saturday morning near Bonesteel. A pursuit ensued into Nebraska and back into South Dakota before ending in Fairfax.
The charges include the following:
Samantha Lane
- 3 counts of aggravated assault on a law enforcement officer, class 2 felony, up to 25 years in the state penitentiary and/or $50,000 fine
- 1 count commission of a felony while armed with a firearm, class 2 felony, up to 25 years in the state penitentiary and/or $50,000 fine
- 1 count unauthorized manufacture of controlled substance methamphetamine, class 4 felony, up to 10 years in the state penitentiary and/or $20,000 fine
- 1 count of unauthorized possession of a controlled substance methamphetamine, class 5 felony, up to 5 years in the state penitentiary and/or $10,000 fine
- 1 count of unauthorized ingestion of a controlled substance, class 5 felony, up to 5 years in the state penitentiary and/or $10,000 fine
- 1 count of possession of a weapon or tools with intent to commit burglary, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
- 1 count of grand theft, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
- 1 count of possession of a firearm by felon, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
- 1 count of obstructing law enforcement, class one misdemeanor
- 1 count of possession of a loaded firearm, class one misdemeanor
- 1 count of resisting arrest, class one misdemeanor
- 1 count of drug paraphernalia, class one misdemeanor
Nicholas Speckmeier
- 3 counts of aggravated assault on a law enforcement officer, class 2 felony, up to 25 years in the state penitentiary and/or $50,000 fine
- 1 count commission of a felony while armed with a firearm, class 2 felony, up to 25 years in the state penitentiary and/or $50,000 fine
- 1 count unauthorized manufacture of controlled substance methamphetamine, class 4 felony, up to 10 years in the state penitentiary and/or $20,000 fine
- 1 count of unauthorized possession of a controlled substance methamphetamine, class 5 felony, up to 5 years in the state penitentiary and/or $10,000 fine
- 1 count of unauthorized ingestion of a controlled substance, class 5 felony, up to 5 years in the state penitentiary and/or $10,000 fine
- 1 count of possession of a weapon or tools with intent to commit burglary, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
- 1 count of aggravated criminal entry of a motor vehicle, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
- 3 counts of grand theft, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
- 1 count of aggravated eluding law enforcement as felony, class 6 felony, up to 2 years in the state penitentiary and/or $4,000
- 1 count of intentional damage to property, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
- 1 count of possession of a loaded firearm, class one misdemeanor
Both Lane and Speckmeier are presumed innocent until such time as proven guilty.
This case is being investigated by the Gregory County Sheriff’s Office and the Division of Criminal Investigation and being prosecuted by the Gregory County States Attorney’s Office.
How desperate are Dems getting for a Thune Challenger? Well…..
One of my twitter followers pointed this out to me.
How desperate are Dems getting for a Thune challenger? Apparently, they’re recruiting on reddit. Really:
“Are you at least 30 years of age? Have you lived in the US for at least 9 years? Are you politically moderate or liberal? Bonus points if you know what I’m suggesting.”
“Not 30, but are you looking for a candidate to challenge Thune?”
“Yes…The other person who responded didn’t want to. Know anyone who might?”
Reddit user “availableoregon,” who is apparently a moderator of the Reddit group “Students for Sanders” is out recruiting on the popular website for a challenger to US Senator John Thune, whom it’s looking more and more as if Democrats are going to let the popular Senate go unchallenged for a second term in a row.
If this is how they’re going about it, I don’t think they’re going to find anyone to take him on anytime soon.
Apparently, liberals think it’s all a big Catholic plot.
Wow. I’m a bit surprised to say the least. I didn’t realize that anti-Catholic paranoia and bigotry was that widespread in South Dakota.
If you recall the comments from Thune challenger Kurt Evans last year, which I noted again recently….
- “It looks like Crony Catholicism”
- “I meant what it says…. the situation looks like Crony Catholicism.
- “I believe authoritarian Catholics and Mormons are generally more prone to cronyism than traditional libertarian Protestants.”
It was pretty darned offensive. But, unfortunately, that kind of ill will & bigotry seems contagious. As noted today on the local bastion of liberalism, Dakota Free Press by it’s author Cory Heidelberger:
….and since he’s a fellow conservative Catholic, Powers gives him softball press.
“…since he’s a fellow conservative Catholic..” I’m not sure what a shared religion has anything to do with anything, but it’s pretty telling how liberals in South Dakota have a tendency to divide people up. I doubt anyone would give him a pass if he said something of that nature based on the color of a person’s skin. But introducing one’s creed into it… the liberal left in our state apparently just smiles and nods as if they were all wearing white peaked hats.
But that’s apparently how they roll. And they have no problem or moral qualms about putting it to paper.