Coming into office Governor Martinez billed herself as the "transparency Governor." That was in the wake of corruption investigations and stonewalling by the previous administration.

None of us who have toiled for long in the field of La Politica were very surprised that she turns out to be like her predecessors--not so transparent when she can get away with it.

It's the nature of the beast. Politicians want to protect their power and secrecy enhances it. Two stories illustrate the problem.


The list failed to mention at least one trip, an early August trip to Washington state....The list also is in conflict with other recently released information on Martinez's comings and goings. Martinez has declined to say why she won't release her actual calendars.

And then there's this kicker:

In addition to Martinez's refusal to release copies of her actual calendars, even after the fact, the Department of Public Safety has completely ignored a July request and several follow ups from the AP for the release of past schedules and calendars Martinez has sent to her security detail.

"Completely ignored" is the key phrase. The Martinez government seems to be betting that the media will fade away. The AP is sending a different message. The Carlsbad newspaper joined in with this editorial.

And then there's Democratic Attorney General Gary King who is running to replace Susana. His stiff arm to transparency is not as stiff as the Guv's but:


Terri Cole seemed to loathe (former FOG executive director Gywneth Doland) as much as she did me. (It's a) NM FOG badge of honor!!

Schleder was fired for "insubordination." Cole isn't commenting.

Doland also had a short-lived stint at FOG. All of this raises the question of whether the open government group of which the ABQ Journal was instrumental in founding should have as its leader the president of the state's leading business group. The argument being that Cole and the Chamber have to conduct sensitive negotiations with whomever holds power in Santa Fe. Those goals can easily conflict with the cause of open government.

So why not clear the fog at FOG and let  new blood take over?

The latest personnel upheaval at FOG is on top of the embarrassment last year of having to have GOP National Committeeman and lawyer/lobbyist Pat Rogers resign from the FOG board. It was revealed he was doing public business with the Martinez administration via private emails. Talk about the fox watching the chicken coop.

A disturbing aspect of this is how the Governor's operatives tried to demonize Schleder as a Democrat who was a foe of Martinez. Naturally, they want Rogers or someone similar back in the FOG mix.

If FOG is to retain credibility and relevancy, it may want to consider purging itself of the politicos, the politically connected and the political pit bulls. How about allowing real watchdogs patrol the place?

More on the FOG problems in this piece.

FIRST IN

Clements

The R's have their first candidate on the field in their longshot effort to oust Dem US Senator Tom Udall next year.

33 year old assistant district attorney and Dona Ana County GOP Chairman David Clements, a self-described "libertarian Republican," throws his hat into the ring today. From his news release:

“With our government's refusal to live within its means, we have a 17 trillion dollar debt and are on the brink of economic ruin. And with Washington, D.C. unable to escape the reality of its continued failures, an all out assault on our economic and civil liberties has begun.”

Advancing free market policies that allow small businesses to create jobs, balancing the federal budget, and fighting to preserve the privacy rights of New Mexicans will be the focus of Clements’ candidacy.

Robert Aragon, Democrat turned Republican, is also expected to seek the GOP US Senate nomination. Former NM GOP Chairman Allen Weh is also a possible. Udall is seeking a second, six year term.

CASH COUNT

State Auditor Hector Balderas, seeking the '14 Dem nod for attorney general, says he is off to a strong fundraising start. He reports raising $218,000 in the latest reporting period. His first quarter out he pulled in $242,000 for a total of $460k.

Balderas is unopposed for the Dem AG nod, but the R's could make a serious play for the post if they nominated someone on the order of Clovis area District Attorney Matt Chandler. He ran four years ago but lost. Chandler has not signaled his '14 plans. The R's last won the AG's race in 1986.

MORE PAIN

From Socorro, reader Patrick Buckley writes about the impact of the government shutdown in southern NM. That area is represented by GOP Rep. Steve Pearce and he's feeling the political heat:

Joe, Add Socorro to the communities affected seriously by the shutdown. Last week the National Radio Astronomy Observatory (NORA) furloughed 250 employees. BLM and Fish and Wildlife are also furloughed. The Bosque Del Apache National Wildlife Refuge is shutdown, which puts the Festival of the Cranes at risk. Collectively, this is a substantial hit to this small community. Pearce is not making any friends here.

THE BOTTOM LINES

There are no provisional ballots in elections in the city of ABQ. So reminds ABQ State Senator and election law expert Daniel Ivey-Soto.

He was listening to our Election Night broadcast on KANW last week when we wondered how many "provisional" ballots might be outstanding. Those are ballots used in state elections when a voter shows up to vote but whose name is not on the list of registered voters or who records show already voted early. In ABQ city elections there are no provisionals. Ivey-Soto says if the records don't show the voter on the rolls or having already voted, they don't get to vote.

Paul Sandman won $25 in our recent photo caption contest featuring Governor Martinez. His caption for the Governor as she closed her yes and smile while getting a flu shot was: "Thank God for Obamacare!" Sandman wants to clarify:

In your contest last you thought my caption was humorous. It was not intended that way, it was a reality check on how smart the Governor's campaign is so far. She has supported the Medicaid expansion under Obamacare and Dem Sen. Udall has supported her tax cuts. What can Democrats campaign on next year that can both excite their base and attract independents?

That, Paul, may be the $64,000 question for 2014.

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It's not only those trick or treaters getting scary looking right around now, the stuff in voters' mailboxes in the final hours of Campaign 2010 can be hair-raising, or at least those producing it hope it is.

Posted here is an example of a mail piece (Secretary of State candidate Dianna Duran who is battling to unseat incumbent Dem SOS Mary Herrera says it is not from her). It notes that Herrera is second in line to succeed the Governor, meaning when the Guv and lieutenant governor are out of town or otherwise not available, Herrera is acting Guv. It's happened a couple of times in the last four years and nothing much happened, but since then Herrera has been mired in ethics accusations from former staff members. We don't know if this piece that landed in our e-mail box has actually been sent, but it is representative of the hit mail circulating out there.

(As if Mary needed any more problems, a computer glitch delayed early voting in some parts of the state this week).

SOS FOR SOS

Republicans think we are about to see history made and have our first Republican secretary of state elected since 1928. It would be a biggie for them.

The secretary of state's office is an important cog in the once every decade redistricting of the state's legislative and congressional seats. With a Republican in charge and a Democratic legislature, that could get interesting.

With no independent polling, the SOS race is providing plenty of suspense for politics watchers. It will be in our sights when we take to the radio airwaves next Tuesday at 6:30 p.m. to give you all the latest results on KANW 89.1 FM. And don't forget our pre-game show Monday, Nov. 1 at 5 p.m.

THE CLUES OF HISTORY

The mind wanders in the closing hours of a major campaign, assessing it and comparing it with others that have passed your way through the decades. Perhaps this one is most similar to a year that was before our time.

In 1966, Republican Dave Cargo, like Susana Martinez today, campaigned on a reform and anti-corruption platform. That year Cargo also brought in with him a Republican state treasurer and state auditor--The first time that had happened since the 1928 election and before the advent of Roosevelt's New Deal in 1932 that turned the state Blue for good.

In 1986, we recall how a snowstorm hit the north, dampening Dem turnout and making possible the election of Republican Hal Stratton as attorney general, also the first R to take that post since 1928. We also got our first Republican land commissioner since 1928 that year. Republican Garrey Carruthers took the Governor's office in '86 after four years of Dem Guv Toney Anaya who ended his term extremely unpopular.

In 1994, Republican Gary Johnson won the governorship, but did not bring in with him any of the down ballot races.

So in the elections of '66 and '86 reform played a prominent role and we had R success at the top and down the ballot. Will history repeat in the reform election of 2010? If it does, the likeliest Dem victim is Secretary of State Herrera. But the rest of the down-ballot Dems will be holding their breath until the results settle the issue Election Night.

IN OTHER ACTION...
Janice Arnold-Jones
She would not be around to enjoy it, but outgoing ABQ GOP State Rep. Janice Arnold-Jones claims Republicans have a shot at picking up as many as 10 state House seats next Tuesday. Janice, who was defeated for the GOP Guv nod by Susana Martinez and now hosts a daily talk show on ABQ's KIVA-AM, says even usually safe Dem incumbents like Danice Picraux are feeling voter heat this cycle.

In Janice's perfect political world we would think incumbent Dem reps like Jeff Steinborn in Las Cruces and Nathan Cote in the SE would be ousted. She has a different list. In any event, a pick up of ten seats would mean the House--currently with 45 D's and 25 R's--would be evenly split between the two parties--35 to 35. Has that ever happened before? If it did, there would probably be co-chairs of the major committees and maybe even co-speakers of the House. Talk about wild.

Arnold-Jones is the most optimistic R prognosticator we've heard from, but even Dems expect to lose three or four House seats when all the counting is done.

SOCIALLY SPEAKING

We've heard the Guv candidates talk about the economy and jobs but not much on the social issues of abortion, domestic partnerships and medical marijuana.
Here's the deal.

THE MONEY GAME

The tsunami of cash coming into the state's two competitive congressional races is overwhelming. The WaPo has been tracking it and reports in the ABQ Heinrich-Barela battle:

Interest groups and political parties have reported spending $2,613,153 on independent campaigning in New Mexico's 1st congressional district this year, with $1,967,238 benefiting Republicans and $645,915 benefiting Democrats.

And in the southern US House contest featuring Republican Pearce and Dem Teague, the paper Democrats: informs:

Interest groups and political parties have reported spending $2,294,524 on independent campaigning in New Mexico's 2nd congressional district this year, with $877,992 benefiting Republicans and $1,416,532 benefiting Democrats.

HEINRICH VS. BARELA

In a closing spot for his re-election, Dem US Rep. Heinrich takes note of the deluge of TV ads and how they irritate viewers, saying: "By now, we’ve all had enough of these commercials..."

If it's not a cliffhanger, we should be able to call the ABQ congressional race shortly after 7 p.m. Tuesday. The Bernalillo County Clerk should release the early vote totals shortly after 7. The county makes up about 90 percent of the 1st congressional district. Barela needs to make his move right away with that early vote. The ballots cast on the actual Election Day will favor the Democrats.

The Heinrich-Barela goes to the tube tonight. The dueling duo will meet in debate at 7 p.m. on KOB-TV.

The station will also do a thirty minute question and answer session with GOP southern congressional candidate Steve Pearce at 8 p.m. Dem US Rep. Harry Teague declined the debate invitation. Hey, we'll call this "Pearce's Place." R's will think it's about serious public policy and the Dems will think it's a sitcom.

BACK IN THE MAIL

One of the political consultants was upset with this piece sent out by ABQ Dem State Rep. Bill O'Neill who is getting a stiff challenge from Republican attorney Justin Horwitz. He wrote:

Is it just me or do I sense an anti-Semitic undertone (see the cartoon)? I found it very curious.

We hope not. The exaggeration of the nose on the cartoon character is what the consultant is getting at. This is dicey stuff and with an anything goes mentality when it comes to late mailers, we're sure there's other eyebrow raising stuff out there. When we go to the mailbox these days and blindly stick our hand in, we feel like we are about to put our fingers in a powerful mousetrap. How about you?

BALDERAS TV

What we and many of our readers have described as "breakthrough" reporting from the National Journal on the Martinez administration is being dismissed by the Governor's office as nothing more than "a tabloid piece. . . .an effort to push the offensive and sexist narrative that the first Hispanic female Governor in the country can't think for herself."

Let's take a deeper look.....

Well, the National Journal is not the National Enquirer. The lengthy piece describing the inordinate power Martinez has ceded to her political adviser Jay McCleskey and raising questions about how he may have misused that power is going to be the starting point for the national media if and when Martinez attempts to become a serious national political player--not just a symbol who raises millions of dollars because of her status of being the first Hispanic female Governor.

She may believe the revealing 5,400 word article is "tabloid" but one supposes Sarah Palin and Dan Quayle--other would-be vice-presidents who were also called to account--had similar feelings about similar articles about them.

No doubt the Guv was hoping that the mostly friendly local media would keep the National Journal article under wraps, but those days are gone.

The piece went viral on the net in New Mexico and in political circles around the nation, forcing the Martinez-supportive ABQ Journal to take a look. However,  it did not do so in a news story--but in an opinion column, sending the signal that for the local paper there wasn't any hard news in the piece.

In dismissing the notion that there was no news here, the paper's columnist said that when last year the paper asked Martinez about McCleskey's power "she bristled at the notion that he is running the state."

THE DIFFERENCE

The difference between the National Journal and the ABQ Journal is that the DC-based publication did not take Martinez's denial of McCleskey's shadow governor status at face value. They investigated and came up with new information, including about possible bid-rigging on the controversial Downs at ABQ racino lease.

The article also noted how most, if not all. of the Governor's political hires are close associates of McCleskey's and how McCleskey was said by a former Martinez fund-raiser to have set up shop in a small room right next to Susana's office. And there was much, much more--including new campaign finance information that raised numerous questions.

For the first time the mainstream media--via the National Journal--seriously raised the question of whether a private political operative is basically running the executive branch of the New Mexican government and backed it up by with evidence warranting continued investigation and journalistic inquiry.

As for that implied diss by the ABQ Journal that the National Journal used anonymous sources, what are they supposed to do when the political community ripples with fear at the mention of McCleskey's name because they justifiably fear retribution?

Also, the author of the article, Daniel Libit, pushed back against the Governor's office which claimed that "the former top aide" quoted four times for the story was Jamie Estrada, the short-lived campaign manager for Susana who has been indicted on felony charges for intercepting emails from Martinez's campaign account. Libit says Estrada was not the top aide quoted.

The last thing the ABQ Journal needs to do, as one of our Legal Beagles put it, is to "act like a sore loser."

How many sources does the Journal suspect it can get to go on the record if  it took the bold path and asked controversial questions about McCleskey and a shadow government? Will they try?

In this day and age no one entity controls the flow of information. The full story will continue to come out--perhaps slower around here--but come out it will.

UNANSWERED QUESTION

McCleskey

It was interesting to note the response of the Governor's campaign to the request by Dem Guv hopeful and state Senator Howie Morales for any and all emails and any other communications McCleskey has had with 14 state agencies and divisions.

Morales has filed that request under the Inspection of Public Records (IPRA). The Guv's campaign spokesman Danny Diaz had this retort:

The governor's office has been crystal clear that Jay McCleskey is an important member of the political team, is not paid with tax dollars and never had an office in the Roundhouse,"

But what of McCleskey's influence on official government policy? How engaged is the "political team" in that? Are there any emails or other communications from Jay to government agencies, Danny?

Since you and your boss have pledged the most transparent administration ever, why not just disclose any emails or other communications, or are there none? Can you be "crystal clear" about that?

It's not as if McCleskey is a government employee subject to transparency. His consulting firm can have any number of clients the public doesn't know about. Do they get a seat at the table of government by virtue of being clients of the "Shadow Governor?" That's a question not an accusation, one that begs for further examination.

It could be many months before Morales' IPRA request gets any attention, if history is any guide.

SUSANA AND SEXISM

It's annoying to see the Governor's spokesman assert that tough and fair reporting on the administration from a respected national publication without any apparent axe to grind is driven by sexism and racism and intentionally designed to make her look as though she can't think for herself.

The Governor and McCleskey have a deeply disturbing habit of  dismissing journalists, bloggers or nearly anyone (i.e. school teachers, legislators) who disagree with them as being driven by sinister motives and then attempting to discredit them by attacking their character and motives. Nixonian? You decide.

They may be biting off more than they can chew when they dish their dirt in DC to national media, but one supposes with the millions of dollars they have stashed away in their campaign accounts, a certain arrogance and invincibility surrounds their cocoon (as well as some fear).

If the Governor seriously believes she is a victim of sexism (and racism) and as a result is being wrongfully portrayed as some kind of airhead, why doesn't she stand for critical, no-holds-barred interviews? For example, why not sit down and show her stuff in a statewide TV interview with "New Mexico Politics with Joe Monahan." Or NBC"s "Meet the Press" for that matter.

The problem is this Governor has wanted to pose as a national political figure, raise millions of dollars for herself and her party but not pay the price of scrutiny. Instead she deflects comprehensive reporting and questioning by suiting up in the convenient armor of sexism and racism.

That does put an Anglo dominated media in a blatantly unfair position but if the Governor thinks it is going to hold the dogs at bay, she's wrong.

Perhaps in response to her charges the national media will continue to turn their sights on McCleskey--who is neither Hispanic or female--but who does appear to be the quasi-Governor.

DUFFY'S DANCE

McCleskey trotted out former state deputy finance director Duffy Rodriguez--a Democrat--who worked for the Martinez administration--to try to debunk the reports that he is essentially running the executive branch. In an ABQ Journal op-ed piece, Rodriguez claims that other governors and presidents have had advisers akin to McCleksey. Yes, they have had advisers with lots of muscles--but in just about all the cases they are on the government payroll and subjected to transparency requirements. Think Dave Contarino, chief of staff and political adviser to Governor Richardson.

Then there was Duffy telling us that State Senator John Arthur Smith--one of the Senate's "Martinez Democrats" will vouch for Susana's intellectual agility on tax policy. As one of our readers put it, "I find it ironic that Duffy--who says Susana's critics are not giving her enough credit (because Duffy thinks Susana is strong and independent of McCleskey) feels the need to use a man to support her claims."

Rodriguez pointed to the disgruntled sources as guilty of sexism--not at the National Journal--which the Governor's office included in their indictment.

Political insiders are not unaware of Duffy's dancing with Jay and the gang. She left the administration a year ago. Here's some of what was reported at the time:

. . . .She also knew how to exercise her influence. Last November, Rodriguez sent an email from her Yahoo account to the private email accounts of Keith Gardner, the governor’s chief of staff, and Jay McCleskey, the governor’s political adviser, who is not a government employee. The email made references to New Mexico Public Education Department Secretary-designate Hanna Skandera and an “Abbey”—most likely Legislative Finance Committee Director David Abbey. “She hates me but that’s OK,” Rodriguez wrote of Skandera. “I made it clear my whole end game was to protect the Governor on all this kind of stuff and let the Governor propose what she wants and the way she wants and not have it dictated by Abbey et. al.”

So Duffy claims in a public opinion piece that Jay is just a run-of-the-mill adviser, yet she plays footsie with him about government policy on back channel email accounts?

 Duffy, like my friend Alley the Alligator says, "We heard you the first time."

FIGHT ON THE RIGHT

We noted last week the concern expressed by ABQ Pastor Dewey Moede about Governor Martinez's decision not to take a public stand on the recent ABQ election calling for a ban on late-term abortions. That anti-abortion referendum failed.

Moede's criticism of Martinez is answered by Martinez supporter and blog reader Kimothy Sparks:
Art Ortega loved radio and Albuquerque. We're not sure in what order because he did a great deal for both. His passing as the result of a heart attack Thanksgiving morning had both newcomers and old-timers coming out of  the woodwork to praise his lifelong dedication to broadcasting and his community.

Retired talk radio pioneer Mike Santullo, who worked with Ortega at KKOB-AM radio, said: "Art was the consummate radio professional. He was "old school" radio and a guy who literally lived and breathed radio. He was involved in every aspect of the business from air talent to advertising to programming."

Radio talker Jim Villanucci, a top ABQ talent who left KKOB this year for Oregon, remarked:

"He was a great mentor, he got me out of some tough spots. One of the funniest people I ever knew. A huge heart and one of the first people to call me when I was going through a tough time. 

Art held forth at 50,000 watt 770 KKOB-AM when that station was the unquestioned radio powerhouse. He was well-known in the political community for handling the station's political ads. He worked along side his wife Lynda, who also has had a long radio career. Ortega's father--Arturo Ortega-- -was a founder of the National Hispanic Cultural Center.

Art Ortega was 67. Services are pending, with updated information here.

ROUND THE ROUNDABOUT

It's back/ The roaring controversy over the proposed roundabout for the intersection of Rio Grande and Candelaria NW is taken up yet again tonight by the ABQ city council. This is the new council, however, and one now controlled by Dems, not R's. Area resident, roundabout opponent and journalist Dan Vukelich says:

The Rio Grande roundabout debacle in my neighborhood is back before the City Council, possibly for the last time before asphalt starts being torn up to build it. The rationale is as specious as it was months ago. Many in the news media have seen the whole roundabout story as a pissing match among the members of the entitled North Valley elite. Maybe that's true, but it spells bad news ahead for how we justify spending taxpayer dollars. Sadly, this may be enough to drive me back into news and covering politics.

Come on back in, Dan. The water's fine...

THE BOTTOM LINES

A reader writes:

Joe, The altered audit report received by State Auditor Hector Balderas came from the New Mexico Human Services Department, not the federal "Health and Human Services Department" as you stated in your blog. The two agencies are often confused.

Yes, we did confuse them and have corrected the error. Also, we misspelled Pastor Dewey Moede's last name on the Friday blog. That has also been corrected.

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CANALES ANNOUNCES

The Alligators have pegged ABQ Dem activist and political consultant Victor Raigoza as the front-runner in the race to become chairman of the Bernalillo County Democratic Party, but there is a race. Ana Canales just announced for a third, two year term:

I announce my passionate re-commitment and candidacy for re-election as your Bernalillo County Chair to my third consecutive term. Four years ago, I was proud to be elected your County Chair. Together, we made NM history by wresting the ABQ congressional seat from the GOP by electing our first Democrat: Representative Martin Heinrich!

The big blow to the Dems in BernCo county was the narrow defeat--51% to 49% of Dem Guv nominee Diane Denish by Susana Martinez.

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Early in the campaign we thought we might see some big Democratic names campaign in the state, but only a visit by US Senator Elizabeth Warren came close. Today the R's pick up the slack and bring to town Mitt Romney to campaign for Gov. Martinez and the GOP ticket. He will do a high-dollar fund-raiser but also have a free public rally with Martinez. The duo will appear at 2 p.m. at Martinez headquarters located at 12000 Constitution NE.

Martinez had some mild criticism for Romney following the 20102 election which he lost to Obama, but national R's continue to embrace Martinez for her fund-raising ability and status as the nation's first female Hispanic Governor. Will Mitt run in '16? It's visits like today's that keep the tongues wagging. . .

The Romney visit is not going unnoticed by state Dems who slashed away with this:

Like Mitt Romney, Governor Martinez continues to show her contempt for poor and middle class New Mexicans by failing to create jobs, failing to solve the education crisis she promised to fix and now using Mr. Romney to solicit contributors at $2600+ per couple.

IT'S THE NORTH

Go North, Maggie. So say the pundits, wall-leaners and Alligators closely watching the close race for NM secretary of state. Following our Tuesday night poll that showed Dem Bernalillo County Clerk Maggie Toulouse Oliver narrowly trailing GOP Secretary of State Dianna Duran 47.6% to 45.0%, we heard a Gator crack:

The poll showed that Duran is getting way too much Hispanic support--over 45%. Oliver needs to do a swing through the Hispanic North, come with a TV spot that is more compelling than she has on the air and buy more TV time. And, of course, do some Spanish media.

Oliver's campaign points out that most of the undecided vote is Democratic and Independent and in the end that could put her over the top.

Duran is shy of the critical 50% mark, but the poll buoyed her supporters, some of whom pointed out she could benefit from the big lead Martinez has in the governor's race in more ways than one. One R came with this:

Ballot position could work for us. The secretary of state's race is right below the race for Governor. Some of those crossover voters supporting Martinez could stick with Duran. In a tight race--like this one appears to be--that could make a difference.

The secretary of state's race is rated "toss-up" or as Dan Rather might say, "This thing is as tight as the rusted lugnuts on a '55 Ford."

A BIT UNNERVING

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The first tropical storm of the Atlantic Hurricane season is named Andrea and slammed into Florida Friday. We know how they feel. It was our own Andrea--Andrea Goff of Hobbs--the former campaign finance director for Governor Martinez--who set  gale force winds blowing across La Politica last weekend. She came with the stunner that she had been interviewed by federal investigators about the ABQ Downs racino lease.

Whether our Andrea morphs into a political hurricane is the question ahead. The Guv this week worked strenuously to keep everyone focused on emailgate in which her ex-campaign manager was indicted for hijacking her campaign email account. But the Downs story is stubborn. Yet another of Martinez's ex-staffers proclaimed that she too had been interviewed--completely separate from emailgate--about the Downs. We'll have to consult Mark Ronchetti but that sure sounds like we may have two active systems at work...

Remember, the term "emailgate" got that name from yours truly not as a result of the email account being hijacked but because of what was on those emails about government business--including the Downs deal--and how that government business had been conducted out of the public eye--a shadow government.

SAM SLAMMED

Emailgate snared Dem Party Chairman and defense attorney Sam Bregman this week. He was asked if one of the mails from Susana's hijacked account that he had used in the defense of a fired state employee had been stolen. He would not answer. The loquacious Sam Bregman without something to say--and to the media? That may be a first.

Sam's role as a criminal defense attorney was raised as a potential problem when he won the party chairmanship in April and his foes are still pounding the table over it. But in his statement about the email he did condemn the Downs, deal, giving the clear impression that he does not see any problems commenting on that if it becomes the big story that the Dems are hoping it will.

NO WINNERS?

Intense efforts at positioning on emailgate was the focus of the political operatives and partisans this week, but one of the Alligators says both sides didn't look very spiffy as they went about their muddy business:

Is anyone going to win or claim the narrative around the Downs and emailgate controversies? Bregman's statement on emailgate was defensive, off target, strained and puts a pall on his nascent chairmanship. Meanwhile, Governor Martinez takes to Facebook, ripping various second rate players in a very un-Governor way. Hey, Governor, every heard the boxing advice--never fight down, always fight up? Shouldn't she be spending her valuable time on just one of the massive issues we have? Not on political hacks? Man, New Mexico needs some statesmen/stateswomen desperately at this moment. Some adults, that is.

NO WONDER

No wonder a number of Dems who voted for a  corporate tax cut in this year's legislative session are still feeling heat for it:

The wealthiest 1 percent now control 39 percent of the world's wealth, and their share is likely to grow in the coming years, according to a new report. The world's total private wealth grew 7.8 percent last year to $135 trillion, according to the Boston Consulting Group's Global Wealth report. The top 1 percent control $52.8 trillion, and those worth $5 million or more control nearly a quarter of the world's wealth....

ABQ State Senator Linda Lopez, now a Dem candidate for Governor, was among a handful of state Senators who voted against the corporate tax cut. So did State Senate Majority Leader Michael Sanchez who is mulling over a possible Guv bid.

TECO TIME
The news that Florida utility TECO (that's TECO not taco, wiseguys) has made a bid to take over the NM Gas Company could be seen as strengthening the state. The gas company used to be under the umbrella of PNM--the electric utility that is listed on the NYSE. TECO is also a NYSE company with decades of experience in delivering electricity. The current owners of the gas company--a private holding company--bungled badly in 2011 when thousands of New Mexicans were left in frigid cold because of the inability to get gas. PNM and TECO have reputations for reliability--critical for the business they are in. As publicly held companies they have access to the money markets and more transparency since they are stockholder owned. As aging infrastructure needs upgrading, TECO will be able to do it.

However, some analysts think the $950 million TECO is paying for the gas company acquisition is too steep. The state Public Regulation Commission--which must approve the sale--will need to talk with TECO about that. If TECO did pay too much, 500,000 New Mexico gas customers don't need to get stuck with any of the bill.

THE BOTTOM LINES

In the first draft of our Thursday blog, we posted a photo that we identified as attorney Jerry Wertheim and said he was the lawyer for ex-Martinez campaign staffer Anissa Ford. It is Jerry Todd Wertheim--the son of Jerry--who is the Ford attorney. We corrected the error. By the way, former NM Democratic Party Chairman John Wertheim is the younger son...That's almost as complicated as emailgate...

That's it for this week. Thanks for tuning in. Reporting from Albuquerque, I'm Joe Monahan.

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(c)NM POLITICS WITH JOE MONAHAN 2013 Not for reproduction without permission of the author

The thing about power--besides how it corrupts--is how it also reveals. And what is being revealed in Santa Fe is nothing less than a shadow government run by Governor Martinez's chief political advisor Jay McCleskey and acquiesced to by the Governor and other government officials--many of whom owe their jobs to him.

This shadow government is now out of the shadows, splashed across the front pages of the state's major newspapers. The scandal is centered on the use of personal email accounts to keep official government business from seeing the light of day and threatens to expand in the days ahead, claiming victims and costing the administration dearly as these scandals are often known to do.

Insiders tell us that the back channel communications initiated by McCleskey and used by top administration officials--including the Governor herself--are more numerous than the two instances that have surfaced. One of them told us:

"They are like cockroaches. When you see one, you know there are more."

The news load is heavy when these affairs blow-up. The New Mexican leads the coverage with the first front-pager here and another here. The ABQ Journal comes here and here. The New Mexican comes back with an editorial. The AP takes it national with a rewrite of the papers. The New Mexican returns with a report on state legislators using their state email accounts for personal business, but one of them points out lawmakers don't implement policy or issue state contracts. Also, their email addresses are listed on the state legislature's web site. Coverage from KOB-TV includes this:

The emails invoke secrecy and open government issues that all seem to slop into the soup of a brewing email scandal. Big questions--did the Governor's political team use state employees for a political purpose, and did a hired-gun political operative get special treatment and special information?

And the Journal finally comes with a much overdue profile of McCleskey (with some tasty touches from their crack investigative team). Several Republicans are so fearful of McCleskey they refused to go on the record, though one of them flatly says McCleskey is running the government.

For McCleksey, 37, to be drawing this much attention to himself is a mortal sin for a consultant and it may signal his mortality as a major political figure in this administration. Maybe not right away, but....

The Journal also comes with an editorial reprimanding Martinez who has long been one of their favorites:

The question of a state agency doing the bidding of a political group on the taxpayers’ dime is troubling. If that’s what happened, it should have no place in the Martinez administration, which has pledged transparency and the rooting out of corruption and abuse.

"Troubling?" For sure. How about "illegal?" Well, with more email communications bound to surface that question can't be far behind.

Then there's this gem from the Governor when asked if McCleskey is running her administration:

“I wouldn’t get these kind of questions from reporters down south, who know me,” said Martinez, a former district attorney in Las Cruces. “They know that I’m a strong, informed executive, and I don’t win the office without having great passion for the policies that I’m pushing forward. No one tells me what to think.”

"Reporters down south?" Just a reminder, Governor, you are no longer "down south" where you were covered as a mere local district attorney and protected. You are now on the statewide stage, dealing with all kinds of pain in the ass people--like us--who want to know who really is running our state.

As we've pointed out the past two years, that is not the case with a number of "reporters" from "down south" whose bias in favor of this administration has left them eating our dust and that of others "up north" when it comes to telling the true narrative of governmental power.

Based on the evidence, Guv, your denials about McCleskey simply don't ring true. And if they are true, then send him packing so we can see that you are indeed the independent executive you claim to be. But before you show us, you might want to let your fellow Republicans know--especially the ones afraid to talk to the press out of fear of reprisal.

Before we go any further, let's be clear. On its surface the scandal is about emails and government transparency. But the larger issue is the operation of a shadow government by a non-elected official. It is that matter that needs to command the attention of the Governor, the media and the public.

ROOT OF THE PROBLEM

At the root of the problem is Martinez's decision to turn over tremendous power to McCleskey who has no official role in the government, but is a political operative of long tenure known for his harsh tactics on the campaign trail. He played a major role in getting Martinez elected in 2010, but now the question is whether he will be instrumental in bringing her down.

McCleskey, who runs Susana PAC, has been dubbed New Mexico's Karl Rove, after the tough-minded Bush advisor. He is also known as "The Fifth Floor." That's a reference to the Governor's office being on the fourth floor--the top floor of the Santa Fe Roundhouse--and McCleskey occupying a metaphorical "Fifth Floor" where the real power resides.

McCleskey has deep ties to the Republican National Committee whose philosophical footprint has been deep in this administration. McCleskey's political associates include the aforementioned Rove, and lawyer and GOP National Committeeman Pat Rogers who played a key role in the US attorney scandal that engulfed US Senator Pete Domenici and Congresswoman Heather Wilson. Rogers and McCleskey have close ties to lawyer/lobbyist Mickey Barnett, a longtime player in state GOP politics. Informed sources say that these personalities, in addition to McCleskey, constitute the "shadow government" we refer to.

Already two Democratic legislators have started the legal drumbeat, asking the attorney general to investigate the controversial emails to determine if they violate the law (Their letter is here). As a result, McCleskey is now becoming a known political figure--no longer able to operate in the shadows. It is going to cost Martinez political capital to defend him--and to keep him. Her foes will make sure of that. We asked one of our Alligators to sum up the situation and they came with this:

What we have is a shadow government and what you see before the TV cameras is all for show. The real business of the state takes places behind the scenes in the shadows, where no one--especially the tax-paying public--is not supposed to see what is really going on.

Even the mild-mannered director of the state's leading transparency group could not hold back:

Gwyneth Doland, executive director of the New Mexico Foundation for Open Government (FOG), said: "I am horrified to think that it may be the practice of the state of New Mexico to conduct public business in secret using email accounts that no records custodian could access."

The evasion of accountability is especially galling to the open government groupies. The Inspection of Public Records Act (IPRA) is relied on by them to pry information from the government. But it can't get at personal email accounts. McCleskey was busted by trial attorney Sam Bregman, a potential 2014 Dem Guv candidate, who turned over his booty to Michael Corwin, head of the Independent Source PAC, a union-funded watchdog group which fed the leaks to the media. The administration is going to meet with the open government foundation in an effort to get them to back off their criticism and quiet the scandal.

But in a first sign of how the administration will react to the criticism, Darren White, a close friend of McCleskey's who is now working for the Downs at ABQ after being ousted from his position as Director of Public Safety under ABQ Mayor Richard Berry, lashed out at Doland on his Twitter account. He accused her and the NM Foundation for Open Government of being hypocrites for not probing the use of personal emails by state legislators. For her part, Doland responded: "We believe all public business should be done using public email accounts, no matter the office.'

This is exactly the wrong tack to take--making more enemies, retreating into the bunker and keeping the scandal going. That's what cost White his job when a scandal exploded last year in which he was accused of showing favoritism towards his wife when she got in an auto accident. He and his allies lashed out at the media--rather than come clean--and the rest is history.

SCANDAL FALL OUT

The outing of McCleskey's power is nothing new to readers of this blog. We've been on the story from the get-go, warning that Santa Fe was being run largely as a political operation, not a government. Now that this truth has been revealed to the New Mexican public at large, it is a seminal moment in the Martinez governorship. She is an important symbolic figure to the nation's Hispanics, but one who has ceded much of the real power of her office to McCleskey and his political allies.

Predictions as to where the government goes now are all over the map. Will Martinez and McCleskey dig in their heels, double-down and wage all-out war against their enemies--real or perceived? Or will she take action to nip the budding scandal in the bud? That Twitter from White was the first indication that the administration will head to the bunker. An Alligator of long standing weighs in with this:

At some point she is going to have to decide whether she is going to stand on her own two feet or whether this umbilical cord wrapped around her neck is going to stay and take her down...And Jay is taking her down. The velocity is starting to pick up. If you are a Democrat, you could be looking forward to a whole boatload of people going down because of this...

If the boat has sprung a leak, there is a way for Susana to patch it up, says our Gator:

She should immediately say there will be no more communications on private email. 'I am getting rid of my account. Everything is going to be done on state of New Mexico email and if you are a state employee you will not have political involvement and you will not be taking phone calls from Jay McCleskey.'

 I don't think she will do that because she is convinced that Jay provides the political oxygen that sustains her..

Martinez is not about to plummet in the polls because of this scandal. The damage in these affairs is usually done drip by drip over a period of months not days. Suddenly, however, the 2014 Democratic gubernatorial nomination does seem to be worth more than it was a week ago.

TOO MUCH POWER?

That McCleskey had accumulated too much authority and had begun to overreach first became public during the recent primary election. That's when he got the Governor involved in a GOP state Senate primary in which he pulled out all the stops and lost. Rancher Pat Woods triumphed over Angie Spears in that Clovis area contest, but Martinez shared Spears' loss, having campaigned for her publicly and being unable to deliver. Jay's scorched-earth tactics, sanctioned by Martinez, were soundly rejected and ripped apart the state Republican Party.

CANNIBALISM AND A GATOR

The GOP cannibalism in Clovis and Susana's reliance on her chief political advisor brought this comment  from Andrew Leo Lopez, a longtime ABQ South Valley Democrat, but a staunch supporter of Susana's:

The Governor is throwing away her political capital--and she has a lot of it. What's at stake now is not just the success of her administration but the future of the Republican Party. It has only about 30% of the state's voters. If she fails, it will set back her party immensely. She needs to broaden her circle of advisers and bid adieu to Jay and his companions. It is that simple."

Some kind of moment of truth is approaching for Martinez. With more emails apparently coming that may reveal even more plotting and executing of government action via unofficial channels, she is threatened with the prospect of looking like a puppet of her political advisor as well as collaborating with him to keep the government between her and him. Not the "bold change" she and Jay so proudly trumpeted during the 2010 campaign.

NOT NOW

The mess with McCleksey is disheartening to open government advocates who thought a new leaf had been turned when the Richardson administration passed into history. It is also worth noting that the public mood is much more sour and cynical than when Bill was around and money was flowing. Tight economic times mean a more impatient electorate, something Martinez has yet to encounter, but she could if the email scandal spreads. The serious economic problems the state faces are going to look even more glaring if Martinez is tied up with an ethics mess.

And what about policy? Well, let's not get too far ahead of the curve. If the scandal is quieted she has a long two and half years before her re-elect. But if there is an erosion of power, industries like oil and gas that have had the administration's protection could find themselves looking around to make sure they have more legislative support. They could start dealing more nicely with the Dems, instead of continuing to give big money to Jay to attack Dems on the campaign trail.

SACRIFICIAL LAMB?
Behrens
How about a sacrificial lamb? You often get one in these deals. This time it seems Public Education Department spokesman Larry Behrens fits the bill. He's already said he made "a mistake" in sending McCleskey an official education department email via his personal email account--not his state account. Will Behrens (or education secretary Hanna Skandera) be hung out to dry in order to protect the bigger fish? The Gators are watching this like they watch wounded prey.

THE IRONY BEAT

This statement from Guv spokesman Scott Darnell on why McCleskey was included in a state email from the Governor brims with irony--of the near-comic variety:

It’s likely due to the fact that he is an adviser to the governor, and like many governors, she seeks broad input on situations. 

Of course, if this was a Governor who sought "broad input" she would not be faced with this email mess...

IT'S THE COVER-UP

We're not saying that the email scandal is the equivalent of Watergate whose beginnings 40 years ago this week were observed over the weekend, but we do note that it is usually efforts to cover up transgressions--even minor ones--that get Governors and Presidents in trouble. In Santa Fe's case there may be bunch more emails floating around that originated from Susana PAC email accounts and deal with official government business. If so, it's best to come clean early rather than try to cover the tracks.

It was email accounts from Susana PAC, the political committee run on behalf of Martinez by McCleskey, that state officials used to go below the radar. It was the Committee to Re-elect the President--known as CREEP--that played a central role in the Watergate scandal that brought President Nixon down. Not that this is that serious yet, but we're just sayin'....

THE WAY FORWARD

Martinez could use this eruption as a reason to make a mid-course correction. If she is serious about getting out from under the thumb of Jay, Pat Rogers, Mickey Barnett and other longtime players in the McCleskey circle--egged on by the operatives at the Republican National Committee--she could make major staff changes.

We blogged exclusively in June of 2011 of how former State Representative Brian Moore was forced out as Martinez's deputy chief of staff after only several months on the job. He was forced out because he was not fully on board with McCleskey, reported our insiders. What if Martinez were to make a bold move and bring him back from exile in Washington and make him chief of staff? Could Moore be the anti-Jay and restore the badly out of balance power structure on the Fourth Floor? Only if the Guv would let him.

What of current Chief of Staff Keith Gardner? It is now even more obvious how subservient he is to McCleskey who the emails confirm has the run of state government--even though he is not on the state payroll. Gardner could be placed elsewhere and placated with a nice salary.

Give Jay his due, he helped the Guv get elected after he presided over years of many political losses. If Martinez could keep him on the leash, she might be able to keep him aboard as a political advisor--and really mean it. Run the campaign but get him out--really out--of the government decision making process. Still, with the notoriety Jay has accumulated his presence in any political context is now going to be radioactive for this Governor. A complete break may be required.

The uproar the scandal has created can actually be an opportunity for a mid-course correction for Martinez, but if they do the dig-in-the heels-act and it works, the problem may go away only to  reappear on her doorstep again and again.

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E-mail your news and comments. (jmonahan@ix.netcom.com)
   
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(c)NM POLITICS WITH JOE MONAHAN 2012
Not for reproduction without permission of the author