Sens. Sanchez & Martinez
Big Bill told reporters this week that the controversial domestic partners legislation--killed in Senate Judiciary--may still have some life. "It’s not over. Keep on eye on it," advised the Guv. Maybe he's seen the insider polling information we are about to pass on to you. It's kind of surprising because it shows the domestic partners bill winning solid support in the districts of the two Senators who were instrumental in killing it in committee--Senators Richard Martinez and Bernadette Sanchez. Maybe the poll results could help the Guv persuade one of them to make an about face?

The poll was taken among registered voters and by a firm with a reliable history and after the Senate Judiciary vote. Here's the question:

A state law has been proposed that would allow two adults, regardless of their gender, to become domestic partners. It would give them the same legal rights and protection as a married couple. This would include health and financial protections that married couples now get. Do you support or oppose this proposal? Is that strongly or somewhat?

In Senator Martinez's northern district in the Rio Arriba County area the results were: Strongly support--37 percent; Somewhat support--24 percent; strongly oppose--28%; somewhat oppose--10 percent; Don't know--1 percent.

That's a total of 61 percent indicating support in Martinez's socially conservative district.

In Senator Sanchez's ABQ Westside district: Strongly support--42 percent; somewhat support--21 percent; strongly oppose--25 percent; somewhat oppose--6 percent; don't know--5 percent.

That's 63 percent showing some support for the measure in Sanchez's district. Instead of voting on the measure in committee, she took a walk, but said if she had voted she would have voted no.

If either Martinez or Sanchez change their mind and proponents manage to get a full Senate vote, it could mean the bill passes. It's that close.

PETE'S PICTURES

The Pete Domenici story is not over for New Mexico, not with a federal grand jury still looking into the US Attorney scandal and Domenici's role in it. But the former GOP Senator's 36 year run in the Senate--the longest of anyone in state history--is concluded. Photographer Mark Bralley, whose work many of you became familiar with through our site when we toiled together on the 2008 campaign and before, has put together quite the retrospective of Pete's long career. Bralley was there with his camera as far back as 1970 when Pete lost his only political race--a run for the Governor's chair. And he was there at the end. That's a long run-- for both the politician and the photographer...

Now photog Mark may think he has the lock on Pete pics, but the one accompanying this story is our little exclusive. We shot that pic of Pete by famed cartoonist Oliphant on our camera phone at the ABQ Museum where it hangs in the permanent collection. Feel free to add it to your collection, Mark, courtesy of a Senior Alligator.

SUCCEEDING PETE

The man who took Pete's place in the Senate, Democrat Tom Udall is finding that expectations can often be high. The Los Alamos Monitor, never a big fan of Udall who held the northern congressional seat before moving to the Senate, comes with the first negative editorial of Udall's senatorial career. They say his committee assignments are lightweight and won't pack much power for the state.

LIFE AFTER PETE

And a longtime staffer for ex-Senator Domenici--state director Lisa Breeden---has a new job, but she is still associated with her old boss. She is now the development director of the Mind Research Network.

The Mind Research Network (MRN) announces the creation of the Domenici Discovery Fund to help advance research that will improve the diagnosis and treatment of mental illness and other brain disorders. Retired Senator Pete Domenici established MRN in Albuquerque ten years ago. His vision to unlock the puzzles of brain diseases has grown into MRN being recognized as a world class neuro diagnostic research facility...

SANTA FE CRIME WAVE

We've closely watched the Santa Fe crime wave of recent years, hoping it could be tamed before it permanently changed the character of the treasured capital city. The good news of late is that crime seems to have settled down; the bad news is that the level of crime is settling down at a high level. Mayor David Coss seems to have made strides. He is up for election in about a year and will be judged then on whether they've been big enough.

THE BOTTOM LINES

From the Roundhouse:

Let's kick it off with some chatter about the ABQ race for mayor. ABQ City Councilor and mayoral candidate Debbie O'Malley has picked up the support of former NM Health Secretary Michelle Lujan Grisham. Michelle lost the ABQ Dem congressional nomination last year to Martin Heinrich. Also helping the campaign of O'Malley is Javier Benavidez. That's notable because Benavidez now works in constituent services for Rep. Heinrich and has long ties to the city's progressive community. His support of O'Malley is an indicator of how the liberal vote is being split between O'Malley and former State Senator Richard Romero. Richard has won the backing of state Senator Eric Griego who was the leading liberal candidate in the 2005 mayoral race. Also in the Romero camp is state Senator Tim Keller, an up and comer for the progressives and NM Sec. of Education Veronica Garcia. Debbie has also won the backing of Dem Bernalillo County Commissioner Deanna Archuleta.

As for Mayor Chavez, insiders continue to speculate that he wouldn't mind getting a job with the Obama administration and maybe has even made a few inquiries in D.C., but his insiders tell me all systems are go for another run. City Councilor Michael Cadigan is also seeking the mayor's chair. Michael is a two-term Westside lawmaker.

SPINNING FOR BRUCE
Bruce Malott
It hasn't been easy time for longtime NM CPA Bruce Malott. As president of the Educational Retirement Board, he has been accused of playing politics with ERB investments by whistleblower Frank Foy who has filed a civil lawsuit. It has also been reported that Malott's accounting firm--Meyners + Company--has raked in a lot of state biz since Big Bill became Governor. Malott was treasurer for Bill's guv campaign. A friend of Malott's says his integrity has taken an unfair hit:

...It was Malott's firm that reported to the FBI what ultimately became "MannyGate."...His accounting team gained access to books that turned out to be the smoking gun (in the corruption case against former state Senate President Manny Aragon). And it was Malott's firm that walked away in mid-contract from the Region Three Housing Authority when they sought to have his accounting firm soft-pedal legal breaches.

Some have tried to paint Malott as a partisan, but it's worth noting that he was originally appointed to the ERB by Republican Gov. Gary Johnson...Sometimes when you see smoke, it's accompanied by mirrors rather than fire.

How about that. Bruce? They're saying nice things about you and you're not even dead yet.

UNM BEAT

Below the university level, the public school system remains a source of continued frustration. After billions spent and decades of "reform," could New Mexico's public education problem come down to this summary from Moises Venegas, executive director of Quinto Sol, a community development and research organization.

...The problem is not the size of the school; the formula for more money; choice for charter schools; or the creation of new school districts. The problem is inadequate attention paid to educating the Mexican/Hispanic; Indian, black or poor student. Every student should be receiving a rigorous curriculum and educators should be making the same demands and have the same expectations for this student population. Do we have the political will to educate students regardless of family and community?

Well said, but other argue it is an income issue, not necessarily an ethnic issue. Of course, it is often difficult to separate the two.

PAYING THE PREZ

Readers have been chipping in on the subject of the compensation of University of New Mexico President David Schmidly--$587,000 annually and sure to be a topic when UNM Regent Jamie Koch appears for his state Senate confirmation hearing. Here's a comparison one Alligator came with:

Iowa's President is paid exactly the same as Schmidly. It seems to me far too much, especially in light of the US President's newly announced policy about executive compensation. But that's the market. In any case, Schmidly is not "underpaid," unless he thinks he should be paid as much as Presidents at UT Austin and University of Washington. Culling data from other institutions, I note the following Presidential salaries (including deferred compensation) at peers and not-so-peers:

U. of Colorado at Boulder $412K; U. of Arizona $550K; U. of Oklahoma at Norman $550K; U. of Oregon $564K; U. of Utah $415K; U. of Nebraska at Lincoln $325K; U. of Texas at Austin $626K; U. of Washington $887K.

PAYING THE PROFS

A UNM faculty member took time to comment on the assertion by UNM Regent Jamie Koch that the average faculty salary at the state's largest university is $94,000.

He claims that UNM faculty are paid, on average, $94,000 a year while only working a contractually obligated 189 days a year. This is both incorrect and misleading. According to the most recent edition of the UNM Fact Book, faculty at UNM earn an average salary of $76,112. This average salary is 9.8% below the salaries paid at UNM’s peer institutions (mainly public universities in the Southwest).

ANOTHER VIEW

Legal Beagles on the federal beat say it's not that unusual for several grand juries to hear federal corruption cases, contrary to what some of our legal insiders implied on Monday's blog. They questioned why the original grand jury hearing evidence in the alleged pay to play scheme in Big Bill's administration did not have its term extended. Why seat a new grand jury? Was that a sign the case was weak? Longtime ABQ defense lawyer Ray Twohig weighs in:

When the prosecutors believe they have an indictable case, they usually have the agent on the case simply testify before whatever grand jury is currently sitting and present the indictment to be returned by that grand jury. Thus, all of the speculation surrounding delays, multiple grand juries, etc., is basically meaningless...When the prosecutors are ready to try the case, it will be indicted. That generally means when they have made all their deals to turn the participants they have chosen as prosecution witnesses and signed plea agreements with them....

We get that, Ray, but we still find the issue of how long it should take a compelling question. There is no checks and balances on that. And "when the prosecutors are ready" doesn't answer it.

We learn a lot doing this, and it's a pleasure to share it with you...

News? Comments? E-mail them in, anonymously if you wish.

(c)NM POLITICS WITH JOE MONAHAN 2009
Not for reproduction without permission of the author

If you've got a government job, keep it, because the private sector around here is running in place. Not that anyone is down in the dumps about Intel's announcement that it will put in $2.5 billion in upgrades at its Rio Rancho plant over 18 months. Trouble is, while those improvements mean a nice pop in temporary construction employment--up to 1,500 jobs--there will be no additional permanent staff hired at Intel. The semiconductor plant has been shrinking before our eyes the past two years. Intel now employs just 3,300 full-time permanent workers down from a peak of about 5,200 and headed toward the 3,000 mark in the wake of another round of recently announced layoffs. That's a 40 percent reduction in the permanent work force. Many of the temp jobs are highly skilled and may have to be imported.

The Intel investment is welcome and will come at the same time that the state starts to get a nice first jolt--in the $950 million area-- from the Obama stimulus package. But this is going to be a one or two year deal. Economy watchers also wonder if Intel will require less manpower at Rio Rancho once the upgrades are completed.

We hate to be a party pooper but major segments of our state's private sector economy are shrinking, not growing. That's the reality of these times.

JOIN THE PACK?

Meanwhile, at the Roundhouse, lawmakers have to decide if they want to give Hewlett-Packard up to $12 million in capital outlay funds to help them build a customer support center at Rio Rancho. HP says it would employ over 1,300 by 2013. But the capital outlay pie has shrunk like a cotton shirt in a hot dryer. Insiders say $12 million looks like a stretch. Also, computer giant HP reported only last year that it had $10 billion cash in the bank. And they need Santa Fe's help?

Another blue-chip company--or at least one that isn't black and blue in this brutal bear maker--General Mills--recently said it will add 60 jobs at its ABQ plant now that the city has approved industrial revenue bonds that provide tax relief for the company. We wondered how many of those positions would be claimed by area workers. Turns out 90 percent of them. That leaves six jobs filled from the outside. Hope they're not the ones that pay the most.

As it has since the 40's, a government job remains the best bet for stable employment in our state, but this nasty recession is scaring even government employees as hiring freezes are in effect and talk of layoffs surface. How much of state resources should be diverted to private companies promising jobs is a hot topic. Nervous government workers want to make sure there is enough to pay them first.

SCHMIDLY AND THE WEB

This being the Internet Age, the controversy over University of New Mexico President David Schmidly is swirling on the Web. Students have posted an electronic petition asking the UNM Board of Regents to remove the president. The organizer says they have collected over 140 signatures, verified electronically by the signers' e-mail.

Schmidly is fighting a no-confidence resolution pending before the UNM faculty.

As far as Schmidly agreeing to include himself in the unpaid furloughs he is urging employees to take to make up for the state budget shortfall, one reader opines:

Why doesn't Schmidly stay on the job for those 15 days he plans to take as furlough and just forgo the pay? That would be a much smarter move on his part. If I were University President I would not want to give the idea that the ship could sail just as well without me for three weeks.

HEAVY INTEREST
Schmidly
The turmoil at UNM is generating heavy interest. UNM Professor of Biology Maggie Werener-Washburner had this column in the Daily Lobo:

UNM needs a new management model, a leaner administration, and representation at every level that understands what it takes to make a university work. Most, if not all, faculty and staff do not want UNM to be about money and big salaries. We want UNM to be about lifting New Mexico up, helping people make a living in small towns, cities and pueblos, providing a great education while supporting the students...

But the Regents are of no mind to doubt one of their own--Chairman Jamie Koch, nor Schmidly or Excutive VP Harris. In the face of the no-confidence move by faculty, the regents voted to commend the trio.

Some might say the regents are pouring gasoline on the fire. If they want a blaze, they got one--a three alarmer.

IN THE CITY, TOO

Out-of-sight salaries are also making news in ABQ city government as City Councilor and mayoral candidate Michael Cadigan questions the $272,000 salary being pulled down by Chris Baca, executive director of Youth Development Inc. That's a nonprofit that gets $1.7 million of its $23 million budget from the city. The city's chief administrative officer, Ed Adams, defends that salary saying Cadigan is "continuing his personal agenda." But Cadigan's agenda seems more populist than personal. Analysts say Cadigan's hit on Baca could hurt the mayoral hopeful on the Westside. But how much support will it get him elsewhere? Mayor Chavez may want to gauge that before he puts Ed back out on the campaign trail.

VIETNAM REDUX
Kilmer
We were cavalier with the Val Kilmer Vietnam vet remarks on our Tuesday blog, says Jim Belshaw, a Vietnam vet and now retired columnist of the ABQ Journal.

Your analysis of the GOP press release was on the money. Any port in the storm for these guys, I suppose. Val Kilmer says something stupid, pals around with Bill Richardson and voila! a Republican press release...I am one of those "near-criminal punks" to which Kilmer referred. I am not outraged, only astonished at such ignorance displayed in public...

Some Vietnam veterans re-live the war every day...Like veterans of other wars, it was the highlight of their lives...But most get on with their lives...finding other great adventures, or maybe just quiet lives. They indeed are "over 60 years old."...Most Vietnam veterans, 60 or not, are not hard-right Republicans. But they are members of a brotherhood. They shared an experience unlike anything they will see again and it stays with them...You really shouldn't dismiss them so cavalierly.

Thanks, Jim. We did not mean to diss the vets. We said we saw the appeal of the GOP's Kilmer attack as being confined to hard-right R's over 60. We suppose that includes some Vietnam Vets, but we did not intend to single them out. As for what is on the minds of voters, Belshaw says: "It ain't Vietnam, even if the voter is a Vietnam veteran."

We'll be out of the breaking news loop the next couple of days. We'll post some special blogs for you.

E-mail your news, comments and insider info, anonymously if you wish.

(c)NM POLITICS WITH JOE MONAHAN 2009
Not for reproduction without permission of the author

Rep. Steinborn
There's one proposal pending in the NM Legislature that political types agree could dramatically change the face of our politics. It is the measure to limit the size of campaign contributions. They say this could be the ethics home run. The best of show is seen as this bipartisan bill:

Rep. Jeff Steinborn, D-Las Cruces, is one of four primary co-sponsors — two Republicans and two Democrats --of a bill that would limit political contributions to $2,300 to a candidate, $5,000 to a political committee and $10,000 to a political party. New Mexico is now one of a handful of states with no limits on political donations. Other co-sponsors are Reps. Mimi Stewart, D-Albuquerque, Paul Bandy, R-Aztec, and Larry Larranaga, R-Albuquerque.

Steinborn, reacting to the plan to have one big ethics package, comes with the money line on the ethics outlook for Legislative Session '09--"If we say 'all or nothing,' then we will get nothing,”

Jeff, have you been reading our mail? We've been hammering the same point for several years, along with some seasoned Santa Fe observers. If the focus was on one major piece of legislation and not a wheelbarrow full of ethics measures, we might get something significant. (We would like to see his bill amended to lower donations to legislative campaigns to $1000 from the proposed $2300). Lawmakers are now talking about one big ethics package containing a multitude of reforms. They might as well call the Berardinelli funeral home because that thing is cemetery bound.

Perhaps if good government groups like Common Cause, with media support, united behind one and only one major measure--like the Steinborn bipartisan bill--they might generate the heat (and the fear) needed to get a big bill passed. What we'll dub Steinborn's "progressive pragmatism" could put the state on course for one major ethical reform a year--much better than what we've been getting. But Jeff will need his fellow progressives aboard the train before it pulls out of the station. All aboard?

MORE FROM THE CAMPUS

Reaction was predictably fast to University of New Mexico David Schmidly's announcement that UNM is starting a voluntary "furlough" program for employees to save money in the face of the state budget crunch. Schmidly, facing a possible no-confidence vote by UNM faculty, also said he will rearrange where his $587,000 in annual compensation comes from. He says he will restrict to $150,000 the amount coming from instruction and general funds. The rest will come from UNM's revenue-generating operations like the Health Sciences Center. The salary of UNM Executive Vice-President David Harris --total annual compensation$428,000--will also be rearranged. The furlough and pay plan did not go over well with readers like Mike Kruchowsi who penned this before Schmidly added to his statements:

..Did I get this right? You want others (far less fortunate and privileged than you) to voluntarily take a cut in pay, while you and your cohort maintain your current pay, merely shifting your hand from the right pocket, where all your salary had previously come from--an "oversight" you didn't realize until recently--to the left pocket...instead? But still the same "take" overall, right? ...Let all those other poor saps tighten their belts instead!

On Monday, after apparently asssessing reaction to his weekend announcement, Schmidly came with this: "The first University of New Mexico employee taking an unpaid furlough in the face of expected budget cuts will be President David Schmidly. "I announced at my cabinet meeting that I would be the first one to take this unpaid furlough," Schmidly said.

Schmidly's 15-day leave of absence will save the university more than $22,000 based on his annual base salary of $370,000.

So why didn't Schmidly announce this when he interviewed with the Journal for Sunday's edition? Were they time releasing the info? And will highly-paid ($428,000 in total annual compesnation recently) Executive Vice-President David Harris also volunteer to take the furlough? Whatever the case, UNM Prez continues to have a hard time getting ahead of the opinion parade, despite the big bucks UNM spends on PR machinery.

Schmidly and Regents Chair Jamie Koch, who is also a target of the no-confidence measure, will appear at a faculty meeting Wednesday. Until they offer up real change--a permanent reduction in compensation and the outright elimination of administrative positions---the hits are going to keep coming--from vox populi and the NM Legislature. Don't say we didn't tell you.

JOINING THE FRAY

Meantime, ABQ Dem State Senator Tim Keller is getting in on the UNM action. He's proposed a constitutional amendment that would require the Governor's appointments of regents to win a two-thirds majority vote from the state Senate--not just a simple majority. Approval of the amendment has a long way to go, but we note its introduction as it signals another Senator's thinking on the state of affairs at UNM and points in the direction of increased accountability.

NICKING KILMER
Val Kilmer
So the state and nation are facing one of the deepest recessions ever and NM GOP Chairman Harvey Yates wants to talk about----Vietnam and Val Kilmer? The party rolled out a news release Monday knocking Kilmer--a possible 2010 NM Dem Guv candidate---for using the word "punk" to describe some Vietnam vets in a 2005 edition of Esquire.

“Mr. Kilmer is making a habit of insulting New Mexicans, and yet Governor Richardson appears to keep up a very friendly relationship with him.." Yates said.

A 40 year old war is not what is on the minds of today's voters, except perhaps a few over 60 years old and who are part of the hard-right GOP base. Well, everyone is a sucker for a cheap headline once in a while, but if Chairman Yates is going to pull the New Mexico GOP out of its deepest funk since the 1960's, he's going to need to offer the middle of the road public new ideas and new faces, not diversionary tactics gobbled up by the Limbaughites but lost on everyone else.

US ATTORNEY REACT

Reactions to our Monday missive on the federal pay-to-play probe into Big Bill's administration. A lawyer/reader writes that federal grand juries are usually comprised of 16 to 23 members. We initially blogged that the number is 12...An insider e-mails to inform that it is his understanding that three different grand juries heard evidence in the corruption case of Democrat Many Aragon which ended with indictments and guilty pleas. We pointed out that legal insiders are talking about why the federal grand jury first empaneled in 2008 to hear the current pay-to-play case did not have its term extended. A new grand jury, sources say, was seated in January.

SUE'S HUBBY
Steve Beffort
We ran an insider e-mail Monday that hit ABQ GOP State Senator Sue Wilson Beffort for sponsoring a bill that would cut the salaries of "exempt" state employees by 10 percent, much more than the two percent Big Bill has already ordered for certain employees. The Alligator snapped that Sue should look in her own backyard--her husband Steve Beffort pulls down six figures at the taxpayer-funded University of New Mexico--and his pay would not be cut under Sue's measure. But the Senator e-mails to say it's not so--her bill would give her hubby a pay haircut:

(My bill) would reduce the salaries of employees who are outside of the state personnel system and who make more than $75,000 per year. Since all employees of educational institutions... are outside the personnel system...the bill would only reduce the salaries of those in managerial or policy-making positions. Therefore, assuming executives at educational institutions are in managerial or policy-making positions, they would not be exempt from and would have their salaries reduced by 10 percent if the bill is enacted. Clearly, if this bill passes, my husband’s salary would be cut by 10 percent and I can assure you that there would be marital problems if he were to accept a bonus!!

Got that, Steve? A ten per cent pay cut, no bonus, and don't forget the Valentine's candy.

E-mail it in--the news, comments and your take on today's politics.

(c)NM POLITICS WITH JOE MONAHAN 2009
Not for reproduction without permission of the author

US Attorney Fouratt
Impatience and frustration are starting to surface regarding the federal pay-to-play probe into Big Bill's adminstration, with top legal and political sources--several with no dog in the fight--wondering aloud just how long the state is going to operate under its shadow. Their key questions: What role, if any, is politics playing in this drama? And why, after more than six months of investigation, has the case not produced indictments or otherwise been resolved?

A question you hear often is whether the federal grand jury now meeting on the pay-to-play probe is the same group of grand jurors who handled the case starting in the summer of 2008. That grand jury's one year term ended in December. Since it became clear the case would continue, it was widely expected that the same jurors would have their term extended for another year. That is now being openly questioned. Several sources say the original jurors on the corruption case are gone. If new grand jurors indeed took over, is that an indication that the case doesn't have much legs? Why would all that work not be carried on by the same grand jury, especially if the prosecutors were headed towards indictments?

Another question being asked: Did the prosecution team led by US Attorney Greg Fouratt recently visit with the US Justice Department's Public Integrity Section about the case? If so, what was that office's take on the NM probe? The office oversees the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government. Press leaks have confirmed that just about everyone possibly connected with the case has now testified--some more than once. So, shouldn't everyone know by now if there is any steak here, or just sizzle?

The Legal Beagles speculate that after this length of time some resolution could be expected. In fact, a month ago a local Republican attorney, claiming he had inside information, published on a Web site the actual day he said indictments would come down. That date came and went.

WORLD WITHOUT END

What makes this case especially difficult is that there is no expiration date on a federal investigation. You have the right to a speedy trial but not to a speedy indictment or a clearing of your name. It can go on and on at the discretion of the prosecution. And when it ends, there is no official announcement. It can be Kafkaesque--an exasperating and often terrifying prospect to those whose names are being mentioned month after month. Reputations, as well as political and economic futures, are on the line. In this case, you could argue that New Mexico's reputation as a place to do business takes a hit as the investigatory shadow is cast. Others can argue no matter how long it takes, if the end result is cleaning up the state, in the long run we will benefit economically and otherwise.

THAT OTHER DRAMA

Playing out along side the legal drama is the political drama for the position of US Attorney for New Mexico. It is currently held by Republican Fouratt, 44, who was appointed to the post in January 2008 by the state's federal judges. Because of the national US Attorney scandal, neither Fouratt or his predecessor had their names sent by President Bush to the United States Senate for confirmation. But Fouratt, a Roswell High School graduate who took his undergraduate degree at NM State University, has made overtures in the press indicating he would like the presidential appointment. That has given ammunition to his critics which we will get to, but first here's an excerpt from The Associated Press interview that moved on the wires late last week:

There's a lot to like about this job," Fouratt said in an interview with The Associated Press. "If I could be helpful staying in this position, then I would be privileged to stay. If it is the plan that I return to life as a line prosecutor, then I'll help from that position."

The US Attorney position is presumed to be frozen because of the investigation of the Governor and his aides. Political operatives believe the White House is not about to change leadership during a sensitive corruption investigation. It has already announced there would be no immediate changes in US Attorney positions anywhere. An immediate change would put the White House at risk of being charged with partisan politics. But that circumstance has given rise to criticism that the current US Attorney has an incentive to keep the pay-to-play case going in order to lengthen his stay as US Attorney or even win the appointment.

Before being named US Attorney, Fouratt, who took his law degree at Texas Tech, was an assistant US Attorney, a position he said he would return to if he does not receive the appointment. It is extremely unlikely that the Democratic President would choose a Republican US Attorney. If he did, it would be a first in the modern era.

THE FOURATT FILE


The corruption case involving the NM governor is under Fouratt's supervision, but we're told the day-to-day work is done by a small team of prosecutors working with the FBI and other federal agencies. The grand jury hearing the case also hears a variety of other federal cases brought before them. They spend only a portion of their time on the corruption case.

Fouratt is a respected professional who won kudos for his successful corruption prosecution of Democratic powerhouse Manny Aragon, but the stakes are now even higher and the bright lights of La Politica that much brighter. Fouratt, who achieved the rank of lieutenant colonel in the NM Air National Guard, is not humble about his chief career accomplishment. Here's what he told The AP about the Aragon case :

In my judgment, that is the most significant result to issue from a federal court in New Mexico since we were granted statehood in 1912. It has been an unparalleled success in our efforts to change the way New Mexico's state government operates.

Of course, the Aragon case was begun under former US Attorney David Iglesias. And it was the interference in that case by GOP Senator Pete Domenici that continues to be under investigation by another federal grand jury. Also, it could be argued that the successful corruption prosecution under Iglesias of two State Treasurers may equal, if not surpass, the historic importance of the Aragon prosecution.

Be that as it may, Fouratt's zeal has been welcomed in a state with a long history of ethical misbehavior. He has received the editorial support of the Democratic oriented Santa Fe Mexican to maintain his post as US Attorney. They have urged the President not to appoint a replacement during the Richardson probe. But the question lingers: For how long should the President wait? Does such support, as voiced editorially, have a shelf life? And should it?

US ATTORNEY APPOINTMENT

The appointment of the US Attorney traditionally changes with a new administration. That is a check on any one political party accumulating too much power over the federal judicial system. The state's senior Senator of the party in power--in this case Democratic Senator Jeff Bingaman--has the primary say on who will get the position. He recommends his choice to the President. Sources familiar with the Senator's thinking say not to expect anything soon. They say he realizes the sensitivity of replacing a US Attorney in the middle of a pay-to-play probe of a Governor of his own party. But if the investigation drags on with no visible results, the Senator will have to make a decision on when enough is enough. After all, the New Mexico public has the right to a federal prosecutor who has been thoroughly vetted and voted upon by the United States Senate.

Prominent names that have circulated for the position include Santa Fe's John Pound, ABQ's public safety head Pete Dinelli and ABQ State Rep. Al Park, among others.

IS PAST PROLOGUE?
Anaya
Veterans of La Politica are watching the investigation of Richardson and company with a sense of deja vu. In 1986, it was reported that GOP US Attorney Bill Lutz was investigating the personal taxes of then Democratic Governor Toney Anaya. Lutz said he wanted to determine if Anaya enriched himself with public funds through real estate deals, payoffs from contractors and businesses. Anaya was under scrutiny for months and finally had had enough. He called a news conference asking that Lutz either put up or shut up. Lutz did neither and Anaya carried the day.

Richardson has been subdued in his reaction to the probe, but insiders say he has been frustrated and resents the time the investigation gobbles up as he is asked to consult with his lawyers. He has refrained from injecting the notion of politics into the investigation which has already cost him the position of commerce secretary in the President's cabinet. Who wants to taunt a prosecutor with a blank indictment in his hand? Still, there are rumblings from some close to this Governor that the time could soon come for him to consider taking the path trod by Governor Anaya.

If Big Bill is in a tight spot, so is Fouratt. If he indicts aides to the Governor, he still has to win the case. If legal analysts are to be believed, the accumulated evidence is anything but cut and dry. Greg Fouratt holds important cards, but who holds the highest hand has yet to be determined.

HYPOCRISY OVER HUBBY?

The readers are eagle-eyed and intense this legislative session. It's ABQ GOP State Senator Sue Wilson Beffort coming under the scope in this e-mail:

...Senator Sue Wilson Beffort introduced a bill to cut the salaries of exempt employees who make more than $75,000 annually by 10% (exempting public education officials, as well as the judicial and legislative branches). Isn't Senator Beffort's husband a former cabinet secretary under Gov. Johnson (who made more than $85,000 a year), and currently one of those vice-presidents at UNM who is making more than $200,000 year? "I feel it's fair to put everything on the table," she says. How about your husband's salary? The hypocrisy in Santa Fe is now coming full circle, and getting more ridiculous by the day!

Now that's what you call an Alligator strike...

E-mail your news and comments, anonymously if you wish.

(c)NM POLITICS WITH JOE MONAHAN 2009
Not for reproduction without permission of the author