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UPDATE: AG OPINION: Bernco and SOS violated the law in Quezada Case. Quezada Case is ALL LIES. Corruption. Lies. Period. Pure and Simple. It appears that's the only Explanation for the Quezada Case. Quezada did NOT sign his Declaration of Candidacy. And it doesn't matter how many times he or the Police say he did.

Tuesday, January 24, 2017

UPDATE: AG Opinion No. 90-04, March 1, 1990

The Bernalillo County Clerk's Office, the Secretary of State, the state police and the Bernalillo County District Attorney have all chosen expediency over the law. In addition to the plain letter of the law, an Attorney General Opinion underscores the plain reading of New Mexico law:

"The declaration of candidacy filed in primary elections in New Mexico requires the candidate to state, under oath, that the candidate “will be eligible and legally qualified to hold this office at the beginning of its term.” NMSA 1978, § 1–8–29 (Cum.Supp.1989).

Mr. Quezada never did that.


This morning's report that the state police have "cleared" Bernalillo County Commissioner Michael Quezada is as curious as it is deeply troubling for what appears to be an increasingly corruption-tolerant micro-culture.

While this incident of extreme corruption may be temporarily localized in the Bernalillo County Clerk's office, it has lasting ramifications for the entire state.

According to an Albuquerque Journal report:

"The New Mexico State Police said Monday it has closed its investigation into Bernalillo County Commissioner Steven Michael Quezada about whether he failed to properly sign election materials, finding the allegations from a citizen to be unfounded."

More disturbing was this follow-on phrase:

"The investigation revealed all the handwritten contents of the candidacy were true and correct, police said in a news release."

WHAT DOES THAT EVEN MEAN? WHAT KIND OF PROSE IS THAT?

The tortured prose above is either from hapless police officials who are trying to explain the unexplainable, or an effort by a beleaguered staff writer to try to do the same.

A "candidacy" has no handwritten contents. A candidacy is the state of being a candidate. There are no "handwritten contents" to a human being's particular situation or condition of having himself be a declared candidate.

On the other hand, there is in fact such a thing as a declaration of candidacy, and there is such a thing as a particular candidate's filing documents.  And those documents can in fact have "handwritten contents." And in this case the handwritten contents of those documents are most assuredly NOT true and correct. Not even close.

YOU DECIDE:

HERE IS STEVEN MICHAEL QUEZADA'S SIGNATURE

 

 

HERE IS THE SIGNATURE ON HIS DECLARATION OF CANDIDACY

 

HERE IS AN OUTRIGHT LIE:

"He said his wife and campaign manager helped him fill out the forms, but he signed the documents himself."

TAKE YOUR PICK: SOMEONE IS ASSISTING QUEZADA IN PERPETUATING THIS LIE. IF IT'S NOT THE POLICE OR THE PAPER, THEN THEY ARE NONETHELESS COMPLICIT

We are not saying the Albuquerque Journal is lying. More than likely, for whatever reason, motive, or other consideration regarding Quezada, they are only reporting in a desultory, complacent, uninterested manner. But that is short-sighted. This case alters the integrity of the electoral system in New Mexico. And it isn't about partisan politics.*

This is a case of lying and cover-up. And it means that the entire process of filing for office lacks any kind of undergirding legal foundation. In future, candidates can tell a county clerk, or the secretary of state, that they don't have to sign anything.

A NEW STANDARD: AN OATH IS NO LONGER AN OATH. DECLARATION OF CANDIDACY NO LONGER NECESSARY

The Bernalillo County Clerk's office, under the direction of the new secretary of state, has established a new standard, and that standard is that a candidate who is swearing under oath that he is eligible for office and declaring his candidacy for office, no longer has to sign that statement.

His wife can sign it, or anyone else can sign it, or as in the Quezada case, NO ONE has to sign it. They can bring in a pre-printed form, filled out by anyone—even though the candidate is swearing that he or she is signing the document

And now, because of the Quezada case, if the filing officer objects and tells the candidate that he or she has to sign the declaration of candidacy, he or she will henceforth no longer be applying the law in a uniform and non-discriminatory manner.

 

THE FOLLOWING STATEMENT IN THE JOURNAL IS ALSO A LIE

"His campaign released photos showing Quezada at the candidate sign-in table in county offices, smiling as he held up election forms and posed for pictures with county staff. [Emphasis added.]

What Quezada held up for photos is not an "election form." It was merely a receipt for papers delivered. While he may claim it was a declaration of candidacy, anyone looking closely at the photograph can see it is not that at all.

 

STATE POLICE ARE NOW COMPROMISED. HERE IS THE THING: Tell the Truth

If the police just don't want to investigate further, SAY THAT.

If the police conclude that it's just not something of interest to the public, SAY THAT.

If the District Attorney has told the police to stop, SAY THAT.

If the District Attorney told the police he will not prosecute the case so it's a waste of time, SAY THAT.

But whatever you do, don't tell the Albuquerque Journal that an affidavit—a sworn statement—made by a candidate, does not have to be signed by the candidate. That changes the entire law regarding sworn statements.

 

THE NEW MEXICO STATE POLICE ARE NOW SAYING YOU CAN MAKE A "SWORN STATEMENT" WITHOUT SWEARING TO IT, OR SIGNING IT EITHER

From now on in New Mexico anyone can say:

"I, John Doe, being duly sworn, make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico."

Then that individual can have his wife, or some other person, sign or print the sworn statement. Will that hold up in court? According to the state police it is good now.

It is our understanding that the new secretary of state advised the state police that the declaration of candidacy form does not have to be signed by anyone, and that it is acceptable for someone other than the candidate to either forge a cursive signature of some other person, or print someone else's name in the signature block.

 

THE BERNALILLO COUNTY DISTRICT ATTORNEY HAS BEEN IN TROUBLE   BEFORE WITH DOCUMENTS

In 2012, Federal District Judge Christina Armijo accused the now-Bernalillo County District Attorney Raúl Torres of altering a transcript of a recorded encounter between drug agents and and Amtrak train passenger.

Now he reportedly has told state police that he doesn't care about altered documents—yet again!

Not a good start for a district attorney bought and paid for by George Soros.


*This is not a case of overturning an election, or installing a losing candidate. We are not sure that Quezada's opponent has any claim whatsoever as a remedy in this case. (And this is aside from the fact the district in question is overwhelmingly Democrat and cannot be won by a Republican in any case.)


Email us (at nmpj@dfn.com) with your feedback, comments, questions and ideas.
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2016 Presidential Campaign - Republicans

Jeb Bush gets religion.

"They said he got religion at the end, and I'm glad that he did."  — Tom T. Hall. The Year Clayton Delaney died.

Well, it's official.  Jeb Bush has changed quite of few of his positions on illegal immigration.  The single most significant is that he no longer endorses the "path to citizenship" for those who came here illegally. 

This is, after all, the key portion of any proposal aimed at "reforming" our existing illegal immigration situation.

No sensible citizen can see any point in trying to deport between 12 and 16 million people currently living in America illegally.  And no candidate for any office that we know of supports that.  What the average American wants is for the country to "get a handle on it."  They want it stopped, our borders secured and future illegal immigration prevented.  It is a national security issue.

The Path to Legal Status

The only way to accomplish the above goals, is to identify current illegal immigrants, get them accounted for, have them documented, and placed on a path to legal status.  Neither they nor their children or spouses should live in a state of fear or anxiety.

But a path to "citizenship" is not the right course.  It is not morally or legally correct.  A merciful and compassionate nation can provide the safeguards of legal status without sending the message to the rest of the world that all you have to do is cross our border and you will eventually get to become a citizen, thus circumventing the legal framework scores of millions of Americans have followed, honored and respected.

If someone who is granted legal status eventually wants to become a citizen, that person should have to return to his or her country of origin and wait in line like 20 million people around the world are doing at any given time.  Failing that, America will forever send the signal that anyone in the world can "jump the line," and that there is no reason at all to obey our immigration and naturalization laws.

We Like Jeb Bush

We are glad Jeb Bush has learned this lesson.  He is a fine speaker, and can eloquently explain his positions on complex issue.  If he were not named "Bush" he would be an actual top tier candidate—in all that that title would entail, including likelihood of acceptance and support of and from the American people in the primaries, and in any theoretical general election.  

We also recognize that he already is a de facto top-tier candidate because of his fame and his fundraising.

If he were to be the nominee of the Republican Party we would heartily support him and endorse him.  We hope, however, that he is not, as he does not give the center-right coalition the best chance of winning.

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    Selma   ????? We have now seen the Oscar-nominated movie Selma.   Our earlier allusion to criticism that sounded as though it was in an Oliver Stone category for historical fabrication is some...
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Sports

Sports

The Major League Baseball Playoffs are not realistic, and destroy the actual meaning of the sport. 

Major League Baseball is unique in this respect—its postseason is markedly different from the way the game is played normally.  No other major league sport suffers from this flaw.

Not that much is wrong with baseball. In some respects it's the most well thought-out sport there is.  The "perfect game" many aficionados say.

But the Major League Baseball postseason experience is unique in the world of professional sports, and not in a good way. 

In fact the playoffs are flawed in such a way as to detract from the sport itself and diminish the game and what it means to be the world champion of the sport. 

Among the Big Four team sports of North America: football, hockey, basketball and baseball—and all the 122 professional major league teams competing in the NFL, NHL, NBA and MLB respectively—it is in baseball alone that the postseason turns the sport itself on its head and makes it reflect something that it is not.  This article will explain why that happens and why it is wrong-headed.

 

Background on the The Frequency of Play

The 30 teams in both the National Hockey League and the National Basketball Association teams play a very similar schedule.  On average, each team has a day off between games, sometimes two days off.  Though there are back-to-back games, they are relatively infrequent.  NBA teams play between 14 and 22 back-to-back games a season, and for the NHL it usually ranges between 9 and 19. The NFL has a full week between games, the exception being the new Thursday games that each team plays once, leaving them only four days' rest once a year.

But baseball players play every single day.  Ten days straight, then a day off, then seven more games, then a day off, then ten more games.  Typically a baseball team plays 27 games every 30 days.  For the NHL and NBA it would be 14 per month, and for the NFL the number would be 4.

 

Getting to the Playoffs:  It's a grind

In all four sports, getting to the postseason requires a total team effort—in fact an all-out total organizational effort.  Teams must be deep, have bench strength and the capability of moving players in and out of the lineup, and on and off the roster, who can take the place of key players who go down for an injury, or who have to miss games for whatever reason.  While this is true of the other three major sports as well, it is most certainly even more of a concern for baseball teams because of the sheer volume of games in which a team must field a competitive lineup.

Each league's regular season* is a marathon, not a sprint.  NFL teams play for 17 weeks, 16 games.  The NHL has an 82-game season over six months, paralleled by an NBA season of 84 games over the same timeframe. Baseball is the biggest marathon of all—a true test of resilience and endurance—162 games usually starting around the beginning of April and finishing about the end of September.

NHL teams carry 23-man rosters, of which 20 can be active for any particular game.  The NBA is similar, with 15-man rosters of which 13 can be on the bench for a given game. In the NFL, the teams have 53 players on a roster, but only 46 can suit up on game day.  In Major League Baseball, teams have a 25-man active roster, and all 25 are at the park every day.

 

The Postseason Playoffs:  Sport by Sport

The National Football League:

Of the 32 teams, 12 qualify for the playoffs.  The playoffs are conducted in the exact same manner as the regular season.  Each team plays once a week, the exception being that the four top teams get the first week off.  For a typical qualifier to reach the Super Bowl, the team must play three consecutive weeks.  At that point both remaining teams have two weeks off before the Super Bowl.

In short, the playoffs, with a game each week, reflects the same means of advancement as is present in regular season grind.

The National Hockey League: 

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

 

The National Basketball Association

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

Major League Baseball

10 of the 30 teams qualify for the postseason.  (Although four of those teams qualify only for a one-game do-or-die play-in game.)

Here is where all similarity to baseball ends. 

Unlike the other three sports whose playoffs mirror the test of the regular season, and whose conditions are the same as the regular season, Major League Baseball playoffs in no way resemble the sport itself.  In hockey, basketball and football, the teams win playoff games and reach the pinacle of the sport in exactly the same way that they qualify to try to do so. 

Not so in baseball.  They are two entirely different concepts.  Teams make the playoffs only because they have depth, five-man pitching rotations and can play day-in and day-out at a high level.  But the baseball playoffs suddenly become a kind of "all-star" game within each team's roster.  MLB playoffs are conducted in a way that more closely follows the NBA and the NHL.  Teams have enormous numbers of days off. 

Here's the key point:  No Major League Baseball team could even qualify for the postseason if they played the same way during the regular season that they do in the playoffs.  None.

In the regular season Major League Baseball teams have to use a 5-man starting rotation, with pitchers pitching every 5th day.  There are not enough days off to have even a four-man rotation, let alone a team with three pitchers.  Even the best team in baseball using only a 4-man rotation, would wear them out, and most likely end up with a record of something like 66-96, or 70-92—and that would be if they were otherwise teh best team in the sport.

 

The 2014 Baseball Postseason is Typical

As examples, last year's World Series teams the Kansas City Royals played only 15 games in 30 days, and the San Francisco Giants played only 17 games in 30 days.  The 12 to 15 days off in the non-baseball fantasy world of the MLB postseason, means that teams can turn to three pitchers and give all of them plenty of rest.  But it isn't the way baseball really works.

At one point, the Royals had 5 consecutive days off, and the Giants had 4.  This never happens in the regular season.  Even the All-Star break is only three days.  Very rarely is there anything beyond a one-day break, and even that happens only a couple of times a month. 

What this means is that neither team used the team that got them to the playoffs.  (The NFL, NBA and NHL teams ALL used the very same teams that got them to the playoffs.) 

Baseball teams use a three-man pitching rotation in the playoffs.  Sometimes, they essentially opt for two pitchers only—conceding the likelihood that some of their games are going to be lost—when their third-, or rarely fourth-best pitcher has to face one of their opponents' two-man or three-man rotation members. 

Imagine an NFL team using only one running back and three wide receivers, instead of rotating through their roster in the course of a playoff game—or using only 4 defensive backs and 4 linebackers, instead of rotating 8 or 9 DBs and 6 or 7 linebackers?  In hockey, would a team use only two or three of their forward lines?  Would an NBA team use only the starting five?  They would never make the post season if they tried to present that product to their fans during the regular season.

Those are the equivalents of what Major League Baseball sets up every fall.  No other sport drags its playoffs out in such a way as to completely change the playing field—completely change the dynamics of its game.

Why Does Baseball Do This?

MLB does this because the TV networks want to drag out the games so that they can try to have one game each day  This requires an unnecessary staggering of games, and creates the phenomenon of 15 off-days in a month.

What about travel days?

What about them?  Baseball has travel days constantly.  A team may play in Chicago one day and in Miami the next, or in New York one day and Phoenix the very next day.  Travel days as a routine part of the game are again, a phenomenon of television, and stretching out the playoffs.

In years past, travel days were employed only when necessary. The famous "subway series" games were played on seven consecutive days.  Why?  Because there was no "travel day" required to go from Brooklyn to the Bronx.  Today, they would put in artificial travel days.

Even fairly long train trips didn't necessarily matter.  The 1948 World Series between the Cleveland Indians and the Boston Braves was played in six consecutive days, October 6 & 7 in Boston, October 8, 9 & 10 in Cleveland, and October 11 back in Boston.

This reflects actual baseball, the way the teams play day-in and day-out, and the kind of unique test that baseball presents to its athletes, its managers and management, and to its fans.

In the modern world of charter planes, teams fly from coast to coast to play games on consecutive days.  The artificial "travel day" should be eliminated so that teams can play in the playoffs in the same way that got them there in the first place.


*All these leagues also have pre-seasons and training camps, which add an additional 6-8 weeks to each player's year.


Email us with your feedback, comments, questions and ideas. 

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