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Republican Party of New Mexico is Overstepping its Bounds. Yes, Mathys is Illogical. But, No, the party Doesn't Have that Power.

09/27/2019

Yesterday, the Republican Party of New Mexico (RPNM) sent out a notice which, while accurate in identifying incorrect statements made by GOP Congressional candidate Chris Mathys, was incorrect in signaling that the party's role in primary elections is to weigh in on disputes between candidates. This is what they said:

"...the party will hold to the standard of truth. When ads or mailers are untruthful, RPNM stands ready to speak out and condemn the ads and the actions by any candidate and their team."

The RPNM is just flat wrong on this point, and all political parties will always be wrong if they weigh in like this, because it not only violates party rules, it also violates New Mexico law. 

(One exception might be in a case where a candidate for a party makes racist remarks or otherwise sullies a particular party's reputation in a similar way—but such a case would have to be in an aspect of comparing a candidate to a party platform, and not be an opinion about a dispute between two candidates in a primary.) 

Mathys, as we covered the story yesterday, did make illogical claims about a state House bill concerning late-term abortions. So the party may be correct in concluding that, just as readers of NMPJ and all voters may reach the same decision. But individual voters making comments is one thing. It's an entirely different thing for a political party to do it. 

It's just not the RPNM's role to ride herd on the campaign literature, ads, or speeches of Republican candidates, or to give their opinion as to what candidates might or might not be telling the truth. 

RPNM WARNING IS OMINOUS

In its statement released yesterday morning, the RPNM gave its opinion that Mathys "has made intentional misstatements of the facts and untrue accusations." This is actually true—except for the "intentional" part.

After all, none of us has any way of knowing if his illogical view of a bill is an "intentional" thing that he has contrived, or if he sincerely believes (because his brain works in an odd way) that a vote to prevent abortions after 20 weeks means the voter supports abortion prior to 20 weeks.

(Many voters are illogical, and they are that way sincerely. This is one of the reasons why America and New Mexico have a number of incompetent public officials.)

The problem is that it is the job of Mathys's rival(s)  — and perhaps publications (such as NMPJ), newspapers, and individual voters or the entire press — to correct any false or misleading claims that he might make. It is not the role of the party. 

 

HERE IS WHAT NEW MEXICO ELECTION LAW SAYS

§  1-19-1  A. No contribution of money, or the equivalent thereof, made directly or indirectly to any political party, to any political party committee, to members of any political party committee or to any person representing or acting on behalf of a political party, and no money in the treasury of any political party or political party committee shall be expended directly or indirectly in the aid of the nomination at a primary election of any one or more persons as against any one or more other persons of the same political party running in such primary election. 

 B. Any person who expends money, or is responsible for the expenditure of money, in violation of this section is guilty of a petty misdemeanor.

The New Mexico Election Code definition of contribution includes this: "a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose...

There can be no doubt that the Republican Party of New Mexico expended time and labor in the development and writing of its "opinion," and then followed that up with the printing and graphic framing—electronic or otherwise—of its message, and following that up with its statewide distribution.

In other words, they materially contributed to the interests of one candidate as opposed to others in the same primary contest. Effectively, they carried out what New Mexico law calls a "coordinated expenditure."

The definition of a coordinated expenditure includes:

"an expenditure that is made: (1) by a person other than a candidate or campaign committee; (2) at the request or suggestion of, or in cooperation, consultation or concert with, a candidate, campaign committee or political party or any agent or representative of a candidate, campaign committee or political party; and (3) for the purpose of: (a) supporting or opposing the nomination or election of a candidate...

Yesterday's statements by the RPNM reflect all these components. Additionally, RPNM may have gotten themselves into hot water with the Federal Election Commission (FEC) because this is, of course, a federal race, which has its own unique disclaimers and requirements for disclosure, none of which accompany the RPNM's communique.

The Herrell Campaign & the RPNM End up Being Clumsy in Concealing their Mutual Interaction

Within five hours of the RPNM's attacks on Chris Mathys, the Yvette Herrell campaign sent this message out:

My opponent has been using lies to attack my record and those who co-sponsored House Bill 390 to end late-term abortion. The twenty-three co-sponsors of this bill and I are Pro-Life and are proud of our work in the legislature to protect the unborn. 

Today, the Republican Party of New Mexico sent the following message rebutting the fake attacks: 

CD2 Candidate Makes Untrue Statements Against Republican Legislators

...Chris Mathys, a candidate for the 2nd Congressional district has made intentional misstatements of the facts and untrue accusations about many republican [sic] legislators.

It would have looked much better if they had waited, say, a week or so. The way they rolled out the two complementary messages made the messages appear to be pre-planned and coordinated. Which, of course, is illegal.

Subterfuge as to Motive

The RPNM attempted to provide something of a cover story by claiming that at least part of its motive was to protect "Republican legislators." (As opposed to the more obvious motive.) But the reality is that Mathys has only attacked Herrell, and no other Republican legislators have suffered any "harm" at all. This makes party statement look rather ham-handed.

No one has even looked at who all voted for the bill in question, and even an average voter would not reach the illogical conclusions that Mathys is peddling and somehow end up holding a vote for the bill against a Republican lawmaker.

So it comes back to Herrell and the relationship developed between State Party Chair Steve Pearce and Herrell, who has long been viewed as an acolyte or disciple of Pearce. (We have been inundated with reports of how much damage Pearce did to the Lea County Republican Party by pushing Herrell over Monty Newman, who is from Lea County and is very well-liked there.) 

Additionally, there is the continuing specter of the RPNM Executive Director Anissa Ford Tinnin involved in all of this. Many question not only her competence in producing awkward communication blunders like this, but also how much she can possibly be trusted with the RPNM's sensitive information, sensitive issues, and internal communications?

And who is overseeing the party's communications which are supposed to remain scrupulously even-handed, with even-handed application of party rules, and with no favor toward any candidate? Someone who, by resume, is entirely unsuited to that task?

With regard to access to and the sharing of inside Republican political information and stolen emails, Tinnin has quite a long and questionable political rap sheet, having secretly worked alongside former Democrat State Chair Sam Bregman to undermine Republican fortunes and to promote Democrat ones.

It is well-remembered that it was her work with convicted felon Jamie Estrada which resulted in the use of sensitive information from the Doña Ana Republican Party that helped Doña Ana County District Attorney Mark D'Antonio defeat Republican Amy Orlando.

Many Republicans cannot help but believe that the continuous misdirection, detours, and blunders from the RPNM are not accidental. This most recent hiccup is just one of an ongoing series.

ADDITIONALLY, HERE ARE THE PARTY RULES—PEARCE & TINNIN NEED TO READ THEM

EMPLOYEES OF THE PARTY—RESTRICTIONS

"No money in the treasury of the Republican Party of NM, nor in-kind aid given directly or indirectly to the party or one of its committees, agents or representatives, shall  be expended directly or indirectly to aid the nominee of a primary election of any one or more persons as against any one or more other persons of the Republican Party running in such primary election."

There can be no doubt that in sending out yesterday's message on behalf of the Herrell campaign, the RPNM used its email list it had developed over the years, as well as its entire communication systems, internet servers, internet service. And it did so through its employees who are paid by the treasury of the Republican Party of New Mexico. 

Did an employee write or transmit this email? Of course one did. 

Pearce and Tinnin—and everyone at the state headquarters—need to read the party rules.


Email us (at nmpj@dfn.com) with your feedback, comments, questions, and ideas.


Intelligent Political Discourse—for the Thoughtful New Mexican

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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...

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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