A report from a reader just popped in:
Matt Michels is on South Dakota public radio right now. He said he is considering running for governor and will make a decision at the end of session. He said people are encouraging to him since Mickelson pulled out.
That’s an interesting development.
In the program, which you can listen to here, the Lt. Governor indicates that he’ll likely make a decision after the end of session.
From KSFY, we learned something new today:
Officials have identified an animal found in preparation to be eaten inside a Huron garage on New Year’s Day.
and..
The department said officers responded to a call of something burning inside a garage on the southeast side of Huron on Jan. 1. When officers arrived, they found two people burning a hog and another unidentifiable animal to be consumed.
Officers and Animal Control took what they believed was some type of canine. It was transferred to the SDSU lab on Wednesday for a forensic exam.
Apparently, Only SDSU can eat them up. And that’s just in sports.
There has been some interesting discussion under the post I did about how the goofy liberal views of a couple of law professors might flavor how legislators look at the request to put 1.2 million into the school to keep things running at our state’s law school in the face of enrollment cuts and poor bar passage rates.
One commenter noted “At any institution of higher education there will be differing viewpoints, and we should encourage differing viewpoints.”
Myself, and others certainly agree.
In particular, incoming State Senator Jim Bolin, a retired teacher agrees. He agrees very much.
And as I discussed with him yesterday, he’s going to bring back a proposal that narrowly missed passage in 2006 when liberals (Republicans and Democrats) in the State Senate teamed up to kill a bill that had already passed the House to ensure that differing viewpoints were welcome in our institutions of higher learning:
2006’s House Bill 1222 had strong support in the State House – which passed it 42-26, but narrowly failed in the Senate on a 15-18 split. The idea at the time was that the Board of Regents would report to the legislature on an annual basis the steps the institutions are taking to ensure intellectual diversity.
As opposed to being fed a steady diet of any one philosophical viewpoint, Universities would actually need to pay heed to the viewpoints of others, and report to the legislature on their efforts to not marginalize them.
At the time, Regents – via their Executive Director Tad Perry – opposed this report on the free exchange of ideas. But now, coming at a time when students are fed a steady and unabating diet of liberalism from the classroom podium, they are attacked for their views, and self-proclaimed Social Justice Warriors are stifiling free speech, it’s very much a current topic.
And with Bolin’s planned reintroduction of the measure, one well worth the time that legislators would ask of the universities to ensure that free speech on campus is not infringed upon, and along those lines what they’re doing towards those efforts.
Our tax dollars go towards our institutions of higher learning. A simple report asking about what Universities do to ensure free speech is a pretty minor thing to ask in return.
Unless they somehow have a problem with it. Free speech, that is.
In case you’re interested, my story about the Aberdeen American News ignoring a criminal’s refugee status had a big mention in a follow-up article on the World Net Daily web site.
Powers said this is a legitimate question for South Dakotans.
“With the only mention of the attempted molestation of a disabled woman by the refugee, newly placed in the community, coming hours after an article critical of their non-coverage of the crime, it’s hard to categorize the WND outrage as just more fake news on Facebook,” Powers wrote.
“The fact that the Aberdeen American News still omitted facts of the story after being publicly excoriated for it only gives credence to accusations that news coverage of crimes being committed by refugees in the community are possibly being shielded from public view.”
‘If this had been a crime against a Muslim …’
Commenters on Facebook and on Powers’ blog were upset.
“If this had been a crime against a Muslim, it would have been all over the front page locally and nationally and cited as a hate crime,” posted one commenter on the blog.
From the Sioux Falls Argus Leader, apparently the Democrat Minnehaha County State’s Attorney is declining to charge incoming Democrat State Senator Reynold Nesiba for his unwanted sexual advances, where the Senator-Elect claimed that the woman was just playing hard to get:
The Minnehaha County State’s Attorney’s Office announced Thursday afternoon that further investigation into the allegations against Reynold Nesiba revealed “inconsistencies” in the evidence about the Sept. 26 incident from which the charges stem.
and…
“I’m thankful that the process was carried out and that I’m vindicated,” Nesiba told Argus Leader Media in a telephone interview.
The 51-year-old alleged victim told officers in September that the yet-unelected legislator made unwanted sexual advances and refused to leave her home on the 700 block of S. Phillips Avenue, at one point removing his clothes and lying on her bed.
Nesiba, according to an arrest affidavit, told officers that he’d used no force and that he interpreted the woman’s actions as playing “hard to get.”
If you recall, the original affidavit from the victim claimed that Nesiba did a little more than what the Argus story noted above:
The 51-year-old victim told an officer that two days prior she had invited Nesiba to her home after meeting him on Facebook and in person a few times.
After sharing a kiss, Nesiba made repeated, unwanted sexual advances and refused to leave the woman’s home, she told police.
After asking Nesiba to leave, the victim found him naked in her bedroom. He repeatedly tried to undress her and, at one point picked her up, put her against the wall in a rough manner, carried her to the bedroom, and placed her on the bed. The victim said she felt pain in her ribs.
Nesiba told the victim, “You don’t need those pants,” and began to unbuckle the victim’s pants, court documents say.
At some point, the victim said she and Nesiba were in the kitchen when he reached into her pants and touched her vagina.
The victim says the incident lasted about an hour and stopped only because the victim said she needed to go to work.
and..
On Sept. 30, Nesiba spoke with law enforcement about the incident, according to court documents. He didn’t deny much of the woman’s version of events, but said at no time did he use force or cause any harm that he knew of. He said he thought the victim was playing “hard to get.”
Interesting that it was reported earlier that “He didn’t deny much of the woman’s version of events,” yet now we’re being told by the State’s Attorney that there were inconsistencies in the evidence.
Nesiba might be claiming to the press that he was “vindicated” by not being charged with a crime in the alleged incident.
But by the contents of his earlier statement, it may be hard for him to proclaim himself innocent. By any stretch of the imagination.
Thune Receives Department of Navy’s Distinguished Public Service Award
WASHINGTON — U.S. Sen. John Thune (R-S.D.) today was awarded the Navy Distinguished Public Service Award, the highest honor the secretary of the Navy can award to a civilian, which was presented by Rear Admiral Craig Faller, the Navy’s chief of legislative affairs.
“I am honored to receive this award and am humbled by the opportunity to support our sailors and Marines who stand watch to keep us safe each day,” said Thune. “As the son of a World War II naval aviator, this honor is all the more special to me and my family. As I continue my work in the Senate, I will always support our men and women in uniform and their families for the sacrifices they make on our behalf.”
The citation reads as follows:
“For exceptional service to the Department of the Navy as a member of Congress, Chairman of the Senate Commerce, Science and Transportation Committee, and a member of the Senate Agriculture Committee. Senator Thune’s dedicated service to our Sailors and Marines ensured they were provided the resources necessary to support and defend the Nation’s interests around the globe. His tireless support for Navy energy initiatives as a member of the Agriculture Subcommittee on Energy guaranteed the highest levels of sustainability and readiness for our combat forces and ensured that the Navy-Marine Corps team was the most capable force in history. With grateful appreciation for his many years of public service to the Nation and for his outstanding contributions to the Navy and Marine Corps, the Honorable John Thune is awarded the Department of the Navy Distinguished Public Service Award.
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Bicameral Legislation to Authorize Permanent Land Transfer for Expansion of Black Hills National Cemetery Reintroduced in First Week of 115th Congress
WASHINGTON — Members of the South Dakota congressional delegation, which includes U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.) and U.S. Rep. Kristi Noem (R-S.D.), were joined today by U.S. Sen. Mike Enzi (R-Wyo.) in reintroducing companion versions of the Black Hills National Cemetery Boundary Expansion Act, legislation that would facilitate a permanent land transfer of approximately 200 acres of Bureau of Land Management land to expand the Black Hills National Cemetery outside of Sturgis, South Dakota.
“For decades, the Black Hills National Cemetery has been a place for military families to remember and honor loved ones who have served,” said Thune. “The land on which the cemetery sits is as majestic as it is hallowed, and by expanding the cemetery’s boundary, we can ensure that our military heroes will have a place to rest in peace for generations to come.”
“It is important that South Dakota’s veterans know that the Black Hills National Cemetery will be able to accommodate them for generations to come,” said Rounds. “I hope this noncontroversial proposal to expand the cemetery’s boundary moves quickly through Congress.”
“Our nation owes deep and eternal gratitude to those who have served and the families that have stood beside them,” said Noem. “By allowing for the permanent expansion of the Black Hills National Cemetery, veterans and military families for generations to come can be assured that our country will forever honor their courageous service and tremendous sacrifices.”
“Our veterans have made great sacrifices for their country and it is important that we can provide them with an honorable resting place,” said Enzi. “Wyoming is one of the few remaining states without a VA National Cemetery, and it is therefore critical to ensure that those in neighboring states have adequate capacity. This legislation would provide the needed land to ensure that the Black Hills National Cemetery can continue to serve the region for decades as a place for military families to honor their loved ones. I hope Congress will work quickly to pass this noncontroversial legislation.”
Under current law, the Federal Land Policy and Management Act limits transfers like this one to a lifespan of 20 years. The Black Hills National Cemetery Boundary Expansion Act would make this particular transfer permanent.
Thune, Rounds, Noem, and Enzi first introduced companion versions of the Black Hills National Cemetery Boundary Expansion Act in 2015, and the House version passed its chamber in September 2016. The bill was nearing passage in the Senate at the end of 114th Congress, which is why the members quickly reintroduced the bill during the first week of the 115th Congress.
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A group of liberal law school professors are apparently banding together to oppose the nomination of Senator Jeff Sessions for the position of Attorney General of the United States. It’s not that this should come as a big shock. Coming in the days of Facebook and fake news you can probably find outrage for things as mundane as going to 7/11 or walking in the park, as we’ve become a nation of the offended.
But today, there’s a bunch of people offended at Senator Jeff Sessions:
The Honorable Charles E. Grassley
The Honorable Dianne G. Feinstein
United States Senate Committee on the Judiciary
Dirksen Senate Office Building
Washington, D.C. 20510Dear Chairman Grassley and Ranking Member Feinstein:
We are 1330 faculty members from 177 different law schools in 49 states across the country. We urge you to reject the nomination of Senator Jeff Sessions for the position of Attorney General of the United States.
In 1986, the Republican-controlled Senate Judiciary Committee, in a bipartisan vote, rejected President Ronald Reagan’s nomination of then-U.S. Attorney Sessions for a federal judgeship, due to statements Sessions had made that reflected prejudice against African Americans. Nothing in Senator Sessions’ public life since 1986 has convinced us that he is a different man than the 39-year-old attorney who was deemed too racially insensitive to be a federal district court judge.
Some of us have concerns about his misguided prosecution of three civil rights activists for voter fraud in Alabama in 1985, and his consistent promotion of the myth of voter-impersonation fraud. Some of us have concerns about his support for building a wall along our country’s southern border. Some of us have concerns about his robust support for regressive drug policies that have fueled mass incarceration. Some of us have concerns about his questioning of the relationship between fossil fuels and climate change. Some of us have concerns about his repeated opposition to legislative efforts to promote the rights of women and members of the LGBTQ community. Some of us share all of these concerns.
All of us believe it is unacceptable for someone with Senator Sessions’ record to lead the Department of Justice.
The Attorney General is the top law enforcement officer in the United States, with broad jurisdiction and prosecutorial discretion, which means that, if confirmed, Jeff Sessions would be responsible for the enforcement of the nation’s civil rights, voting, immigration, environmental, employment, national security, surveillance, antitrust, and housing laws.
As law faculty who work every day to better understand the law and teach it to our students, we are convinced that Jeff Sessions will not fairly enforce our nation’s laws and promote justice and equality in the United States. We urge you to reject his nomination.
Sincerely,
There’s 1300 or so law professors on it. And one comes from South Dakota, USD Associate Professor of Law Sean Kammer.
Unfortunately, if you do the least amount of googling on the professor, your eyes will start rolling, as he comes off as yet another example of yet another college professor who is allowed the luxury of promoting his liberal views on the taxpayer’s dime. As noted directly on his blog, you’ll find such enlightening articles as “Go Home, Gun Nut. You’re Drunk,” where he opines that owning guns is not safe. And another where he claims that “Trump’s base sees him as restoring to America Jesus’s compelling message of fear, hatred, and violence.”
or tweets like this..
Not hard to tie #Trump to white ethno-nationalism. His candidacy is manifestation of it, his campaign now headed by one of its leaders.
— Sean Kammer (@SeanKammer) August 25, 2016
Ugh.
Interestingly enough, this liberal professor who calls people who own over a certain number of guns as “gun nuts” – and the other liberal USD School of Law professor who was recently advocating for a worldwide ban on trophy hunting, are drawing attention to themselves at a time when the state Board of Regents have their hands out asking for $1.2 million to keep the state’s only law school afloat because of declining quality, and the need to make up the income loss from cutting a number of students from the program:
USD Law School Analysis by Pat Powers on Scribd
For reference, here’s whe passage where it was requested as part of the Governor’s budget:
Here is my proposal of where these dollars can be invested….
University of South Dakota Law School – $1.2 million to be used over the next three years. We have seen a nationwide decline in applicants for law school which is leading to smaller class sizes at the law school. This will help the law school meet curriculum and library requirements for the next three years.
So, we keep hearing about these liberal law school professors’ goofy views at the same time the Governor is asking for money to maintain the program. 1.2 Million dollars to help the school continue to maintain what they have right now, in the face of fewer students
And we have to listen to the school’s ambassadors in the arena of public discourse call gun owners “gun nuts,” and another who wants to ban hunting.
Not exactly selling points for the law school to conservative Republican legislators. Especially when they’re going to be asked to pinch every penny they can starting next week. The first question that’s likely to be asked is “if they’re cutting students, why are we giving them 1.2 million? Shouldn’t they also cut staff?”
I’m sure legislators will be able to think of two they could send into private practice right off the top of their heads.
Just a thought.
South Dakota legislators are prepared to aggressively pick apart Initiated Measure 22 on the GOP’s side of the aisle when the legislative session reconvenes next week. But a few Democrats are coming out against the repeal of IM22 provisions.
Even those that don’t exist:
“Everything is on the table but, IM 22 was so poorly written that frankly we have to start from scratch,”Haggar said.
Publically funded campaigns could be the first issue on the chopping block.
“The public financing piece won’t survive in any way, shape or form,” Haggar stated.
Governor Daugaard agrees this isn’t in South Dakotans best interest.
“Especially in a year when we can only afford about 1% increase for education if we had to spend the money called for by Initiative Measure 22 on campaign commercials, that would cause our 1% to become 6/10 of a percent for educators,” Governor Daugaard explained.
Even on the other side of the aisle, Democratic Senator Karen Soli says she could part with that section, but there are several parts of the law she would like to see upheld.
“Limits on campaign spending, limits on lobbyist giving, to induvial legislators so those are key and then a campaign ethics committee of some sort,” Representative Soli explained.
Democrat Representative Karen Soli wants to keep IM22’s limits on campaign spending? Unfortunately for Representative Soli, there were no limits in spending in the 33 page behemoth measure. Donations, yes. Spending no.
Just a thought for the Representative – you might have needed voters to pass IM22 for you to figure out what was in it. But you apparently still don’t get it.
Another good reason it needs to go away.
Attorney General Jackley’s 2017 Legislative Package
PIERRE, S.D. – Attorney General Marty Jackley announces that the Attorney General’s proposed legislative package for 2017 will include a request that our Legislature consider and enact the following:
1. Prohibiting and criminalizing direct conflicts of interests and self-dealings resulting in personal financial benefit from taxpayer monies
Under current South Dakota law, it is only a misdemeanor to engage in self-dealings of taxpayer monies for personal benefit or gain. See SDCL 5-18A-17.4.
“A public official, who misappropriates taxpayer monies that have been entrusted to them, violates the public trust and should be held responsible for such actions. When a public official uses taxpayer monies for personal benefit or gain, it should be treated as any other criminal theft,” said Jackley.
The Attorney General’s proposed legislation narrowly defines a direct criminal conflict of interest to occur when “any public official who knowingly misappropriates funds or property which has been entrusted to the public official in violation of the public trust and which results in a direct financial benefit to the public official, commits a criminal conflict of interest.” A public official who commits a criminal conflict of interest would be guilty of theft under existing law. Under current theft law it is a Class 6 felony carrying a maximum penalty of two years imprisonment when the value of the theft is in excess of $1,000, a Class 5 felony, punishable up to five years, when the value is more than $2,500 but less than or equal to $5,000, and a Class 4 felony, punishable up to 10 years, if the value is more than $5,000. The bill also requests employee whistleblower protections.
Legislation being introduced by others will require notice to the Attorney General of conflict violations.
2. Releasing of booking photographs to the public
Under current South Dakota law, it is a criminal misdemeanor to release booking photos to the public.
“The release of criminal booking photographs to the public will result in greater transparency in the criminal process and will further assist the media and the public in the proper identification of individuals in the criminal process,” said Jackley.
Routine criminal booking photographs would be defined as a public record under South Dakota law. The statutes would not require a law enforcement agency to reproduce a criminal booking photograph older than six months. Furthermore, an agency requested to provide or reproduce a criminal booking photograph would be entitled to recover reasonable retrieval and reproduction costs.
3. Expanding the 24/7 Sobriety Program to include mobile alcohol testing devices
South Dakota’s 24/7 Sobriety Program is a voluntary offender-pay program that allows individuals to address their alcohol and drug addiction while protecting the public with constant monitoring.
“South Dakota’s 24/7 Alcohol Sobriety Program has helped over 62,582 South Dakotans address their addiction. The offender-pay program has been an effective alternative to incarceration allowing individuals with alcohol and drug addiction to remain employed and with their families while ensuring sobriety through intensive monitoring. To include mobile breath alcohol testing devices to our current technology would further assist law enforcement and participants to more easily and successfully complete the program,” said Jackley.
The current method used in the 24/7 program includes twice-a-day preliminary breath testing, electronic monitoring bracelets, ignition interlock, urinalysis, and drug testing patches. The Attorney General is requesting that the Legislature expand the testing methods to include the use of mobile breath alcohol testing devices at the discretion of the sheriffs and courts.
4. Improving the State Automated Victim Notification System (SAVIN)
“Serving victims of crime should remain a top priority in our state. South Dakota’s victim notification system helps inform and protect victims by making offender information readily available, and further fosters transparency within criminal proceedings by making public information more accessible,” said Jackley.
In August 2016, the Attorney General rolled out the State Automated Victim Information and Notification System (SAVIN), creating a free automated service that provides crime victims with vital information and notification 24 hours a day, 365 days a year. The proposed legislation makes the automated system more efficient by allowing participants to register directly with the system if they choose, and allows more notifications to come from the system instead of through other redundant agency information.
5. Addressing presumptive probation concerns
“Individuals that commit violent crimes and significant harm to victims should not automatically receive a presumption for a probationary sentence. More serious offenses justify having all the circumstances considered when balancing the need for incarceration with opportunities for rehabilitation. Promoting prostitution of a minor is one such serious offense that should not result in an automatic presumption of probation,” said Jackley.
As a part of the 2013 Criminal Justice Initiative, the Legislature enacted a presumptive sentence of probation for many Class 5 or 6 felonies.
Based upon numerous Supreme Court challenges and concerns related to the use of presumptive probation and aggravating circumstances, the Attorney General requested the Smart on Crime Task Force to review three areas of concern:
Consistent with the Smart on Crime Task Force recommendations on presumptive probation, the Attorney General is proposing legislation to remove certain violent and other serious crimes from presumptive probation.
6. Strengthening vehicular homicide sentences
“While it is difficult to place a value on the loss of a human life, serving only a 4½ year sentence for the brutal vehicular homicide of another human being should carry with it more significance and deterrent value to better protect the public. Vehicular homicide is a violent crime and should be considered as such for purposes of parole calculations,” said Jackley.
On July 8, 2013, Ronald Fischer drove recklessly, impaired, and at high rates of speed through a Pickstown parking lot, killing 25 year old Maegen Spindler and 46 year-old Dr. Robert Klumb. Fischer was tried and convicted for two counts of vehicular homicide for his two victims. Because vehicular homicide is a Class 3 felony, the judge was only able to impose a sentence of 15 years for each conviction, the maximum allowed by law. Furthermore, because vehicular homicide is not statutorily defined as a “crime of violence,” Mr. Fischer may well only serve approximately nine total years for the deaths of his two victims.
On April 26, 2016, another tragic vehicle crash again occurred in Charles Mix County, taking the life of a 22-year old. Albert Fischer has been indicted for and pled not guilty to vehicular homicide. His case is still pending.
Vehicular homicide convictions over the past five years in South Dakota include: 2 in 2016 (6 charged in various stages of proceedings), 4 in 2015, 4 in 2014, 8 in 2013, 4 in 2012 and 5 in 2011.
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