Guns In The Streets Amid Guv Gun Ban; Time To Turn Down The Temperature, Plus: AG Torrez Piles On And MLG Unloads; Won't Defend Guv; Rep. Vasquez Breaks Silence; No CNN Softballs For MLG; Readers Weigh In On Ban; Keller And Medina Want Special Session

Sometimes it's better to quit when you're behind. 

So it is for Governor Lujan Grisham as well as her harshest critics as heavily armed men turn up at protests over her 30 day ban on carrying guns in public in Bernallio County. 

It happened in Old Town Sunday and it happened again Tuesday. As you see from the AP photo, men openly defying the gun ban with their faces disguised and looking like Third World warriors gathered at Civic Plaza in the heart of the state's largest city. 

With passions running high the scene looks like an accident waiting to happen. State Police have been instructed to enforce the law but doing so could set off something no-one wants to see. The state is in a stand-off. The atmosphere shouldn't be allowed to advance into a tinderbox.

MLG did her first national TV interview on her ban Tuesday. It should be her last. Let things cool down. The state GOP announced that today it will add to the pile of lawsuits against the ban. They should also discourage armed public protests and let the courts do their work. 

There was an apparent murder-suicide in the county Monday and another murder in the city. Let's not tempt the fates.

Now on to the latest news on the gun ban imbroglio . . .

TORREZ PILES ON

Attorney General Raul Torrez is now joining the crowd of Dem law enforcement officers piling on the Governor. He says although it is the job of his office to defend her against the many lawsuits filed, he won't do so because he disagrees with her gun ban and claims that he is not "ethically permitted" to provide a defense.

That argument was attacked as flimsy since Torrez could simply state his disagreement and let assistant attorneys general go to work. Now he says the administration can hire other attorneys at taxpayer expense to defend her. 

Then there is the fact that it took Torrez, who presided over the ABQ crime wave as BernCo District Attorney, four full days before he announced his decision--after he had plenty of cover for his position from other law enforcement. Not exactly a profile in political courage. 

The relationship between Torrez and MLG has been strained of late as he attempts to spread his wings over state education policy as well as CYFD. Her office did not hide her disdain over his refusal to take on the lawsuits:

The governor's office received the letter from the Attorney General Torrez and let me be clear - Gov. Lujan Grisham did not ask the attorney general to represent the state. The crime issue in Albuquerque should come as no surprise to AG Torrez - as Bernalillo County DA, his office's 66% dismissal, acquittal and mistrial rates certainly did not help solve the issue.Additionally, abysmal success rates in DA Torrez's pretrial detention hearings put dangerous criminals back out on the streets. The governor is looking for state leaders to step up and take bold steps to make New Mexicans safer from the scourge of gun violence. We invite the Attorney General to turn his attention to that effort.

In his letter to MLG Torrez said the state needs:

More and better trained police officers; stricter gun laws and tougher guidelines for pretrial detention; robust mental health and drug treatment; rehabilitation programs to reduce recidivism; real-time data on gun crimes and gun trafficking; and a protective services framework that keeps today’s child victims from maturing into the next generation of repeat offenders.

Fine, but that's not the job of the attorney general. Defending whoever is Governor from lawsuits is. Does the AG really need to add another questionable constitutional decision to this time of turmoil? Is he advancing his own interests and not those of the taxpayers? Just asking.

Meanwhile, if you’re a fan of Democratic Civil War, you sure are getting it.

VASQUEZ SPEAKS

Southern NM US Rep. Gabe Vasquez is another Democrat who stayed in the shadows during the initial firestorm over the gun ban. After pressure from his Republican opponent, Yvette Herrell, and the national Republicans in DC, Vasquez, in a heated battle in his swing district for reelection next year, came with a statement. It was similar to the milquetoast one from Sen. Heinrich, who Vasquez once worked for. Take a look:

Gun violence is a national crisis that is deeply impacting our families, our children, and our schools. We must address this crisis by keeping New Mexico families safe while also supporting solutions that are constitutional and protect the Second Amendment rights of law-abiding citizens. I look forward to working with the Governor to address this crisis while taking the most effective, legal steps to stem the scourge of gun violence.

Like Heinrich, Vasquez did not mention the specific public health order MLG invoked. It was a weak walk around. It makes Herrell look as tough as nails which she is and which she probably eats for breakfast. 

MLG AND CNN

The CNN interview the Guv gave Tuesday was no softball session. The transcript and video are here. The ten minute session centered on the constitutionality of her actions and challenged her responses. One of our Alligators opined: "If CNN isn't going to give her a break, there isn't going to be any." House Republicans questioned why MLG gave the interview from Houston and was not at her office during the crisis. The answer is that she was attending a clean energy conference.

VOX POPULI 

As you might expect reader interest runs high in the latest twists and turns in the ABQ crime crisis. From our email reader Paul Haidle has thoughtful commentary:

Joe, I think there are two issues of concern that I haven't seen raised yet in most coverage of the issue, and I think they are issues that many of us on the Left care about (not just conservative Dems, independents, and Republicans). 

Dangerous Precedent: Consolidating power in the executive rarely works out well for democracy and has often had terrible impacts for disfavored/unpopular populations. The concern is if the courts uphold the Governor's ability to suspend the Constitution every time there is a "public health" emergency, who's to say that a future Governor won't use these powers to suspend habeas corpus, the right to First Amendment protest, abortion access, or any other politically divisive issue?

Shotgun Approach to Policy: The other major concern is that by the Gov's own admission, this policy is likely unconstitutional and also ineffective. This idea that we "must do something" may rile up her base for political reasons but is the worst way to make effective, evidence based policy. This approach almost always has terrible unintended consequences particularly for people of color in marginalized communities. Many of the criminal justice laws we have in the US (see War on Drugs) have followed this approach of we must "do something" and as a result we have a system of mass incarceration that is racially biased, completely ineffective at preventing crime, costs billions of dollars, and has led to the US having more people locked up than any other country in the world. 

Thanks for providing nuanced coverage on this, much appreciated. 

Thanks, Paul. Another reader writes:

Not my favorite Governor, but good for her! Yes, this is going to be proven unconstitutional. And yes, probably hurt her politically and personally in every way. But darn it, something needs to be done to curb the gun violence in Albuquerque. She threw down the gauntlet, now let’s see if her critics step up and offer solutions, not just criticism as some will seek their gain from this. She’s outraged at another murder of a child and so are we.

LEADING ABQ

Keller and Medina

Trying to stay relevant after the Governor appears to the public as though she also has his job, ABQ Mayor Tim Keller Tuesday again called for a special session of the Legislature to deal with violent crime. Like AG Torrez, he released a long list of proposals previously aired:

Albuquerque families can’t afford political debates that distract us from fighting violent crime. This is a powerful moment to listen to police and behavioral health professionals to create the change we need in a special session. . . Now is the time to actually change the laws and provide the funding needed to fix a broken criminal justice system, to crack down on assault weapons, target fentanyl dealers, rebuild the addiction treatment system, and amp up resources for courts and prevention programs.

Embattled APD Chief Medina joined the call for a special session, emphasizing what has become his trademark blame-shifting, saying:

We have consistently advocated for increased funding, along with more accountability, for all other parts of the criminal justice system to ensure we are all doing everything possible to crack down on crime. But little has changed, because our jail sits half empty while repeat offenders are out on Albuquerque’s streets.

The mayor and chief are so repetitive it's like listening to your favorite old Beatles tune--you can sing along with every verse. 

What is not being said is how the APD and city administration can do a better job with the record amount of resources awarded them each and every budget cycle. Is all of this crime a result of factors beyond their control? Really?

There will be no special session called by the Governor and in the January regular session Keller and Medina may find little empathy from legislators around the state. Sad to say but many of them have given up on Albuquerque. 

SEE ANYTHING?

Not to dump on Chief Medina, a well-meaning professional who is tasked with an enormous responsibility, but the release of this photograph of the vehicle possibly involved in the road rage shooting that claimed the life of 11 year old Froylan Villegas near Isotopes stadium and that pushed the Governor to issue her gun ban does not seem at all helpful. 

The blurred pic is said to be that of a black Dodge. But who could possibly tell? What information is in that photo that the public could act on to help which is the point of releasing the photo? Why release it at all? Can't we do better? 

THE BOTTOM LINES

We mentioned Tuesday that five conservative Dem state House members wrote to MLG to tell her of their disagreement with the gun ban. There is a sixth we did not mention---Dem Rep. Tara Jaramillo. . .

They're working your Blogger pretty good this week. I want to thank those who have helped from behind the scenes (you know who you are) with these comprehensive reports on major breaking news. They are longtime, trusted sources and political analysts who rarely miss a beat and who make us look good. (Hey, we're good but not that good). 

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(c)NM POLITICS WITH JOE MONAHAN 2023