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Jason Greenlee, Bernalillo County Assistant District Attorney, Reportedly Interferes in an Ongoing Investigation. Inserts himself in the role of a "Judge." Redefines the Concept of the Sworn Statement in New Mexico. State Police, Governor, Attorney General, all apparently acquiesce in the Change. They also make changes to the role of a Notary Public.

01/26/2017

The revolutionary and fundamental changes in New Mexico law, made unilaterally in the Steven Michael Quezada case, have reportedly been made at the direction of Bernalillo County Assistant District Attorney, Jason Greenlee. 

According to reports received by New Mexico Political Journal, Greenlee developed a new concept for "sworn statement" or an "affidavit" in New Mexico. Henceforth, even if an individual presents a form that says:

"I, [fill in name], being first duly sworn, say that [the individual attests to any number of things].....I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico."

The person who is presenting such a form no longer has to sign the form. He or she can have his wife, or any other person, sign the form, and it still is valid as a sworn statement.

GREENLEE WEIGHS IN AS A "JUDGE" ?

According to reports we have received, Greenlee was inserted into the middle of the Quezada case, putting an end to the police investigation, and being referred to the investigators as "Judge Greenlee." 

This, according to reports, was very persuasive for the cops in that it carried with it the idea that a "Judge" was telling them that a sworn statement no longer had to be signed by the person supposedly making the sworn statement.

The conclusion went something like this: "Well, he's a judge, so he should know."

Greenlee was a judge, so the honorific is still being used in the DA's office. In 2015, Greenlee was appointed to the Bernalillo County Metropolitan Court by Governor Susana Martinez. However, in the 2016 Democratic Primary, Greenlee was defeated by Kenny C. Montoya, 51-49.

MEETING ON THE TARMAC: NEW MEXICO VERSION

Like the famous Loretta Lynch — Bill Clinton meeting on the tarmac, one of the four potential targets in Quezada-Gate, former county clerk Maggie Toulouse Oliver, reportedly had the police officers in question briefed by her office in a manner that dove-tailed with "Judge" Greenlee's pronouncements: "A sworn statement is no longer a sworn statement."

"State Police clear Quezada" — Albuquerque Journal

Another parallel in the New Mexico version of this phenomenon is that the state police should not have been put in the position of making the announcement that they've abruptly folded up their hand and that they are "clearing" Quezada.

By all accounts that decision was directed by the Albuquerque DA. And he should have made that announcement. This is similar to James Comey popping up and making all decisions about prosecution and disposition of the Clinton case, when such determinations should have been made by DOJ.

The parallel is like this:

Federal:  The FBI investigates and sends its evidence to the DOJ for decision and disposition.

State:  The state police investigates and sends its evidence to a district attorney or the attorney general for decision and disposition.

In each instance referred to here, those roles and actions have been mixed up and short-circuited.

Shortsightedness and Long-term Ramifications

We can understand some of the angst and frustration that the Bernalillo County Clerk's office and the Secretary of State's office must feel. It's roughly like this:

1) Look, we screwed up. The guy didn't properly file, and we bollixed up the entire filing process.

2) We had people do all kinds of improper things, including having a notary sign a document saying that the signature was Quezada's, when she knew full well it was not his.

3) But the election is over, and Quezada won by a lot.

4) It's a heavily Democrat district, so no Republican could win under any circumstances.

5) Nothing can be done about it, and nothing would change if Quezada and Paiz had to have a new election, so let's just move on.

We get that. All of the above is true. But short-term realities and frustrations with one's own screw-ups should not result in fake "solutions" that leave greater implications for the future.

In future, how does a county clerk ask a local candidate to complete his or her declaration of candidacy? The secretary of state and the state police, and a prosecutor have all said it isn't necessary.

In future, how does a secretary of state tell a multi-county legislative candidate or a statewide candidate to produce a proper declaration of candidacy?

Both of these filing officers may decide to go ahead and make future candidates do it anyway, but one thing is certain: they will not be applying the law in a uniform and non-discriminatory manner.

Why? Because the Bernalillo County Clerk wanted to let one candidate (who may or may not be a "buddy") get away with it. But the law is not excepted for "buddies." It has to be applied uniformly.

HERE IS A BETTER SOLUTION:

1) Admit that your office messed everything up on filing day.

2) Admit the truth in all instances: It isn't Quezada's signature. It's his wife's. He should have signed. The notary should have insisted that he sign.

3) We admit all the above, but at this time there is no remedy for the situation.

4) We ask the police and the district attorney not to proceed with the case.

At that point the office of the district attorney can take all this into consideration and announce that they will not prosecute.

That would at least be proper chronological procedure. And it would remove the unfortunate steps of having to lie to the public.

OF COURSE THERE ARE OTHERS WHO HAVE SOMETHING OF A CASE TO BE MADE

Quezada won this three-way primary by a very narrow margin. If it had been known to the general public that he had not been capable of completing an actual filing for the office in a lawful, competent manner, it seems inconceivable that this would not have affected his vote totals. He received about 35% of the vote and won by 338 votes out nearly 11,000 votes cast.

Either of his primary opponents, themselves separated by only 55 votes, would most assuredly have defeated him, and almost certainly both would have. So although Paiz would have a tough race, they would not have, and it seems they clearly lost out because of the way this matter was handled.

Democratic Primary    
County Commissioner Bernalillo County District 2
Candidate Votes %
Adrian A. Pedroza 3,511 32.46
Robert G. Chavez 3,456 31.95
Steven Michael Quezada 3,849 35.59
TOTALS 10,816 100.00

IN NEW MEXICO, A NOTARY PUBLIC NO LONGER MUST ATTEST TO A SIGNATURE

In addition to the changes to the concept of the sworn statement, New Mexico authorities are now saying, in effect, that a Notary Public no longer must actually attest to a valid signature. Prior to this past week in New Mexico, for a signature to be notarized, the person signing a document had to:

1) appear in person before the notary public

2) be personally known or identified through satisfactory evidence

3) sign the document in the presence of the notary (unless unable to sign his/her name, in which case the individual can make his/her mark)

As of now, none of that is any longer necessary. Random individuals may appear and either sign, or print in block letters the name of the person whose signature they want to represent.

Obviously, this could have major ramifications in terms of mortgage and real estate documents, sworn statements of witnesses to a crime, and any number of other matters.

WHERE IS THE GOVERNOR IN ALL THIS? WHERE IS THE ATTORNEY GENERAL?

Either the governor or the attorney general is the chief law enforcement officer of the state. The state police come under the governor's authority. When they acquiesce in the direction of some assistant district attorney, saying, in effect, we are going to invalidate statutes on our own, and at our own discretion, ultimately the implications of such decisions reach the governor's desk.

The governor is a former prosecutor. She knows what a sworn statement is. She knows what a notary is.

She knows the state police should never be called off by an assistant district attorney. The governor should direct the state police to take their report and their evidence to Attorney General Hector Balderas for disposition.

BALDERAS LOOKING AT LOTS OF STUFF

Attorney General Hector Balderas is making a name for himself by announcing high profile investigations into all kinds of things (seemingly overly targeted at the hapless, but perhaps not). It's important that he be seen as someone who really cares about the law—turning his attention to matters in a uniform and non-discriminatory manner.

Some of his cases are seemingly directed at folks who have already gotten a great deal of negative publicity. So when he applies his "attention" to those kinds of cases he appears to be doing the equivalent of just "shooting the wounded." In any case, a true test of his sincerity in application of the law will be how he views this case.


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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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...

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.


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