From today in the Dakota Scout:

“Transparency is the inoculation to conspiracy theories.”
– Rick Weible to the Minnehaha County Commission.

Also Rick Weible:

“The fact is that I’ve now shown you this piece of evidence, I understand that my life is at risk, and that the United States does not want this to be known.”
– Rick Weible, March 19, 2024 to the Brookings County Commission.

Rick must know that they’re watching him..

All bills passed by the state legislature that were signed into law, except those that included an emergency clause to go into effect earlier, took effect July 1.  According to South Dakota Law:

2-14-16. Effective date of legislative acts.

Subject to the provisions of the Constitution and statutes relating to vetoes and the referendum, an act of the Legislature which does not prescribe when it shall take effect, if passed at a regular session, takes effect on the first day of July after its passage and if passed at a special session on the ninety–first day after the final adjournment of such session.

This would include Senate Bill 201, which had a number of petition signatures turned in last week to refer that measure to a vote. What South Dakota law states about those bills notes:

2-1-3. Referendum–Laws subject to petition–Form.

Any law which the Legislature may have enacted, except one that may be necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, shall, upon the filing of a petition as provided in this chapter, be submitted to a vote of the electors of the state at the next general election.

and..

2-1-3.1. Referred law–Petition–Filing deadline–Contents–Signatures–Circulator handout.

The petition must be filed with the secretary of state within ninety days after the adjournment of the Legislature that passed the referred law. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures, must also be filed with the secretary of state.

Now, here’s a good question. What happens when a petition, filed to refer a law that passed in the preceding legislature, is not validated by July 1, the date the law takes effect?  Because one law says the measure has taken effect, and others allow it to go to a vote of the people.

And here we sit unaware of whether the petitions were able – or unable – to be validated on a timely basis.

I’ve spent a chunk of last week in airports, but I believe the Secretary of State was working under a hard deadline for the approval or rejection of the SB201 petition signatures.

Allegedly, there was a completion deadline for the SOS review, as laws passed in the 2024 legislative session go into effect today, but I do know they had staff out of the office, and they are not allowed to review on Saturday or Sunday.

Has anyone heard what happened with that yet?

Libertarian Party of South Dakota Nominates Candidates and Affirms Ballot Issue Positions

PIERRE, S.D. – The Libertarian Party of South Dakota gathered for its annual convention Saturday in Pierre. The convention marked a significant moment for the party as they nominated several candidates and took official stances on November’s ballot issues.

Gideon Oakes of Keystone was nominated for the S.D. Public Utilities Commission, while Josh Dennert and Tamara Lesnar were nominated for District 1 House seats, and Greg Zimmerman for District 8 House.

“We are thrilled to nominate such dedicated individuals who embody our values of individual liberty and limited government,” said Tracey Quint-Isburg, State Chair of the Libertarian Party of South Dakota.

Oakes, 39, is a Keystone-area business owner and volunteer EMT who has worked in the technology and logistics sectors throughout much of his career. He and his wife, Mary, have three children.

He said his candidacy offers voters a better choice for an office he believes desperately needs a fresh perspective.

“The three current commissioners have a combined tenure of 48 years — almost half a century,” Oakes said. “I think most South Dakotans believe elected office should be a calling, not a career.”

Oakes further differentiated his candidacy by pointing out his Republican opponent’s history as an advisor to Xcel Energy immediately prior to being appointed to the PUC in 2011, as well as his Democratic opponent’s support of Biden Administration policies.

“The question voters get to decide is whether they want a commissioner that represents the utility industry, one that represents big government, or one that represents the people,” Oakes said.

Oakes said his top priorities as a PUC commissioner will be encouraging the security and redundancy of utility infrastructure components, continuing expansion of access to terrestrial broadband and being a staunch advocate for utility customers and landowners.

“South Dakotans are resilient. Our infrastructure should be as well,” Oakes said. “From day one, I will work with our utility providers to help ensure that we can always rely on critical services in the times we need them the most.”

In addition to nominating candidates, the LPSD also took official positions on several upcoming ballot measures, including voicing opposition to Amendment H, which would restructure South Dakota’s elections in a manner similar to California’s top-two primary system.

The party also took a stance supporting the repeal of SB 201, highlighting their continued opposition to eminent domain for private commercial gain. On the issue of recreational marijuana, the party declared its support for IM29, emphasizing personal freedom and the economic benefits of legalization.

“The LPSD remains committed to advancing policies that promote individual freedom and fiscal responsibility,” added Quint-Isburg. “We believe our positions reflect the values and priorities of South Dakotans who want a government that respects personal liberty.”

For more information on the Libertarian Party of South Dakota, please visit https://lpsouthdakota.org. Learn more about Gideon Oakes at https://electoakes.com.

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Merrick Garland’s Contempt for Congress
By Congressman Dusty Johnson

I joined Governor Noem for her Tribal Public Safety Crisis Summit on Monday for a conversation to find solutions to the violent crime crisis on Indian reservations. Local Federal Bureau of Investigation (FBI) agents were participating in the event but were told by Department of Justice (DOJ) officials that they could not be at the summit if I was present. Attorney General (AG) Merrick Garland’s Deputy gave this directive. Garland’s rules and regulations prevent FBI officials from having policy conversations with members of Congress outside the DOJ’s official briefing process. In obedience to their boss, these local FBI officials drove circles around the block and hid in the hallway until I left the building. This was absurd.

The purpose of Governor Noem’s summit was to bring federal, state, local, and tribal community leaders under one roof to discuss ways we can work together to ensure tribal law enforcement officers have the resources needed to stop violent crime and protect those living on reservations. Indian country is in a public safety crisis. Between 2022 and 2023, violent crime rates on the Cheyenne River Reservation increased 55%, while Sisseton Wahpeton Oyate and Lower Brule Sioux Tribe both saw an increase of more than 30%. People are dying. The federal government is failing Indian country, and we must do better.

Throughout my time in Congress, I have been an advocate for more federal dollars to be allocated to tribal law enforcement agencies. I commend Governor Noem for organizing and hosting this summit and look forward to turning the tides towards safer communities on our Indian reservations. We need to work together to find solutions, but we can’t do that if we can’t all come to the table.

For some reason, the FBI agents could brief the Governor, local law enforcement, South Dakota’s Attorney General, tribes, and my own staff, but not a sitting member of Congress. Garland’s out-of-touch rules and regulations from bureaucrats prevent progress and innovation from happening at the local level. I sent a letter to AG Garland requesting an explanation for the FBI’s refusal to brief the room while I was there. We need addition and multiplication, not subtraction and division. Preventing myself or the FBI from being at the table simultaneously does a tremendous disservice to all who attended, those in Indian country, and the people of South Dakota.

AG Garland’s policies resulted in a ridiculous display on Monday. I hope his unreasonable DOJ policies are stripped soon, so we can keep our citizens safe.

Sitting in a hotel room in Boston, and just watched the debate. The local news had a college prof commentator on who immediately called Biden’s debate performance an “unmitigated disaster.”

In Massachusetts.. hard left Massachusetts.

Wow. This was not a good night for Biden.

Just caught this picture of my cousin’s house down in Lehigh, Iowa:

That’s just nuts. Although, it’s not their first rodeo with this stuff, as they’ve done a lot to largely “flood-proof” their home, which includes actually letting it fill the basement to a point. As she relates the family has to “let it fill so far or the water pressure would blow out the walls.”

Please keep everyone in your thoughts as they do battle with mother nature.

Most of my day job (in insurance claims) is out-of-state, so I’m not dealing with much of it. A couple of tips I would offer for affected home & business owners as found on the NFIP – National Flood Insurance Program website provide some good information about flood insurance:

The news is out that hand-counting of ballots this last primary was officially a bust, as the hand-tabulators in McPherson County took two audits to get it right:

Hand-counting all of the June 4 primary ballots in McPherson County proved the process is a waste of time and money.

That was the take of McPherson County State’s Attorney Austin Hoffman after a secondary audit of ballots on Tuesday.

and..

The hand-counting resulted in four missed ballots (eight missed tallies) in the District 23 House Republican primary, Hoffman said.

“In my view, that’s not acceptable for an actual election,” he said.

Hoffman said concerns about vote tabulators have “no merit whatsoever.”

Read the entire story here.

Rounds, Lankford, Colleagues Urge Biden to Immediately Rescind Amnesty Order

WASHINGTON – Senators Mike Rounds (R-S.D.) and James Lankford (R-Okla.), along with several of their colleagues, sent a letter to President Joe Biden to express concerns regarding his Executive Order that would offer amnesty to illegal aliens who are unlawfully present in the United States.

Earlier this month, President Biden announced an executive order that would offer amnesty to undocumented immigrants married to American citizens. This order would allow these individuals who have lived in the U.S. for 10 or more years to remain in the U.S. and receive lawful permanent resident visas. It is estimated that over 500,000 undocumented spouses would be eligible, along with nearly 50,000 children of these immigrants.

“We have previously challenged the legality of your Administration’s parole authority and have sought to reform this authority to ensure that decisions regarding parole are restored to Congress’ original intent – “on a case-by-case basis” to aliens who are not already present in the US,” wrote the senators. “Under your Administration, the parole authority has been unlawfully used to circumvent screening and vetting, mass parole of illegal aliens after the cartels surge caravans at the border, and to circumvent normal refugee processing. These actions undermine the immigration laws Congress has passed, and they have eroded the rule of law at our southern border.”

“Border security is national security, and our adversaries will continue to take advantage of the chaos your Administration created by announcing this policy. We urge you to rescind this policy immediately and focus your efforts on securing our border against the cartels and adversaries who will welcome this chaos,” concluded the senators.

Rounds and Lankford were joined on this letter by Senators John Thune (R-S.D.), Mitt Romney (R-Utah), Ted Budd (R-N.C.), Roger Wicker (R-Miss.), Kevin Cramer (R-N.D.), John Cornyn (R-Texas), John Kennedy (R-La.), Shelley Moore Capito (R-W.Va.), Joni Ernst (R-Iowa), Deb Fischer (R-Neb.), John Hoeven (R-N.D.), Jim Risch (R-Idaho), Mike Crapo (R-Idaho) and Thom Tillis (R-N.C.).

Read the full text of the letter HERE or below.

+++

Dear President Biden:

We write today to express our grave concerns regarding your proposal to offer amnesty to illegal aliens who are unlawfully present in the United States. This action directly contravenes the laws Congress has passed, and it will throw fuel on the fire of the ongoing border crisis.

We have previously challenged the legality of your Administration’s parole authority and have sought to reform this authority to ensure that decisions regarding parole are restored to Congress’ original intent—“on a case-by-case basis” to aliens who are not already present in the US.  Under your Administration, the parole authority has been unlawfully used to circumvent screening and vetting, mass parole of illegal aliens after the cartels surge caravans at the border, and to circumvent normal refugee processing. These actions undermine the immigration laws Congress has passed, and they have eroded the rule of law at our southern border.

Parole was never intended as a mass amnesty. Your actions fly in the face of the clear reading of the law. Due to reckless policies, your Administration has encountered more illegal aliens at the southern border than the Obama administration and Trump administration combined. DHS recently promulgated regulations that appear to tighten the border, but the implementing policy guidance, the DHS website, and the border data since implementation show what all Americans know—the border remains wide open.

Since day one of your Administration, you have rolled back measures that would have secured our border, including the Remain in Mexico program, the asylum cooperative agreements, and the ICE enforcement priorities that prevent the deportation of most illegal immigrants. These actions and many others have invited the chaos that is present at the border and in communities across the country.

Numerous inspector general reports, Government Accountability Office reports, and news reports have shown that DHS has been so overwhelmed by the border crisis that it has been unable to vet the illegal immigrants who cross our border. CBP encountered nearly 180,000 illegal immigrants at the border in April 2024. This would have been a record had your Administration not previously set records for the highest October, November, and December earlier this fiscal year.

ICE just arrested 8 illegal aliens who have known ties to ISIS-K, and news reports have stated that ICE personnel have been told to be prepared for more arrests of ISIS affiliates. Our border security apparatus has failed because the volume of illegal aliens crossing the border has overwhelmed DHS’s ability to vet each individual that is in DHS custody.

This week’s action doubles down on your Administration’s message to the world that the America will not enforce the law at the southern border.

Border security is national security, and our adversaries will continue to take advantage of the chaos your Administration created by announcing this policy. We urge you to rescind this policy immediately and focus your efforts on securing our border against the cartels and adversaries who will welcome this chaos.

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Guest Column: Yearning for an Uprising (Graphic Novel Review)
by Thomas E. Simmons

I picked out an interesting book from the “just released” shelf in my local public library this week titled Woman Life Freedom (Seven Stories Press 2024).

Its marketing is a little misleading. To claim the book was “created by Marjane Satrapi” as its cover proclaims suggests that it is a new graphic novel by the creator of Persepolis, a memoir which tells of the author’s upbringing in Tehran during the Iranian Revolution and Iran-Iraq War. It’s widely acclaimed. It’s been translated into over 100 languages.

But Satrapi offers only a brief preface and six-page introduction to Woman Life Freedom. It’s not even clear whether she contributed as an editor (in a notation buried at the end of the book is the assertion that Satrapi helped organize the editorial committee). But be that as it may. This is an excellent book.

“Woman – Life – Freedom!” is probably a catchier slogan in the original Kurdish: “Jin – Jiyan – Azadî!” The slogan was used by Kurdish activists even before the murder of Masha “Jina” Amini by Iranian morality police in September of 2022. Jina was detained for the infraction of wearing her headscarf somewhat askew, then beaten so severely that she died of blunt force head trauma in police custody three days later. Her murder set off a wave of protests. Those protests are the subject of this book.

It is a collection of twenty-three comics and illustrated pages by artists and writers like Paco Roca, Hippolyte, and Pascal Rabaté. Each reads like a real-life 1984. It’s chilling but also inspiring. Freedom is always worth fighting for.

Muslim women showed enormous courage in the protests which followed Jina’s murder. They marched, they chanted, and they removed their headscarves in public displays against the Iranian oligarchy. Many were arrested. If and when they reappear, they appear docile, as if they’ve had a change of heart. In a comic strip by Mana Neyestani and Farid Vahid, the captions explain:

Regularly, one of the protesters or revolutionaries arrested will appear on television, confessing and repenting before the camera.

Although by now, everyone knows under what conditions such confessions are made.

The panel accompanying the narration shows a woman chained to a stool facing a man pointing a combination long-barreled gun and movie camera in her face. To the side stands an older woman holding a microphone boom over the detainee’s bowed head.

The next panel shows the older woman again, this time in a close-up. The captions introduce her as “Fati” who “helps to extract confessions.”

Next, the comic strip shows a grinning Fati tapping away at a dozen different cell phones, spreading false information through social media as “part of the regime’s cyber army.” She types:

• mn235iran: All lies. IsFahan is quiet, no one in the streets.
• lli87victory: All lies. Chiraz is quiet, no one in the streets.
• kurdl249: All lies. Mashhad is quiet, no one in the streets.

By actively spreading falsehoods, the oligarchy fosters distrust, encourages paranoia, and de-unifies the opposition. It’s the playbook of every tyranny.

Woman Life Freedom is an excellent book. Predictably, some of the chapters resonate more than others, but the varied voices organized around a common theme demonstrate the kind of unity necessary to overthrow a repressive despotism.

The legal restraints the Islamic Republic of Iran imposes on women are especially repressive. Their speech, their dress, and their movements are constrained. The feminist movement that is taking to the streets and risking their lives has inspired liberty-lovers across the globe. It’s a movement that deserves our support. After all, freedom is always worth fighting for.

Thomas E. Simmons
University of South Dakota Knudson School of Law
Vermilion, SD