Democracy for New Mexico

Listen to KUNM's Coverage of Friday's NM Impeachment Hearing at Senate Rules

I wanted to share the top-notch reporting of our local NPR radio station, KUNM 89.9 FM, on last Friday's hearing on Senate Joint Resolution 5, the NM legislative resolution that urges the impeachment of Bush and Cheney. Jim Williams and the gang at KUNM do their usual professional job of handling the story. Click to listen (mp3):

Also, be sure to check out KUNM's website regularly for local news stories, program schedules, live streaming and more. (To access all of DFNM's posts on the New Mexico impeachment effort, visit our impeachment archives.)

Local News Video of NM Impeachment Hearing at Senate Rules

The local mainstream TV media and newspaper coverage of Friday's hearing on SJR 5, calling for the impeachment of Dick Cheney and George, has been rather sparse and/or dismissive. Very expected. But one Albuquerque news outfit did air a story, which you can see above.

(Note: This should be considered a fair use of the video since it shows just a portion of that evening's newscast.)

Anne Kass: My Take on Friday's NM Impeachment Hearing in Senate Rules

This is a post by our sometimes guest blogger, Anne Kass:
The room was packed by 8:30 AM even though the Resolution was not scheduled to be heard until 9:00.  Not only was the hearing room packed, SRO, but the hall outside was as well.  A second sign-up sheet for those who wanted to make public comments was circulated in the hall.  Shortly after 9:30 Senator McSorley noted that Senator Altamirano would need to leave at 10 to chair the Senate as a whole, which would make the committee lose its quorum so the comments were stopped to allow the Committee Members make remarks and vote. 

Senator Altamirano spoke first, and he spoke the longest--more than 10 minutes even though the citizens had been asked to keep their comments to 2 minutes or less.  Most of what he had to say was about how he had been wrongly accused, "by a man who is active in many beneficial civic matters" of giving the Resolution three committee assignments with the intent to defeat it, when he had not done so.  He mentioned phone calls to his office, and he also noted that he had been informed of a plan to picket his house.  He suggested that some people needed to take Lobbying 101 (perhaps to learn how to behave in a more sycophantic manner?) and how all this untoward behavior directed at him had nearly persuaded him to vote against the Resolution, BUT because he has consistently opposed what President Bush has done, he voted in favor of the Resolution. 

The rest of the Committee Members spoke eloquently about the Resolution itself.  Senator McSorley noted that when John Adams was President, early 1800s, there were people in Congress, I think, who wanted to go to war with France.  That was stopped by actions that started in the States.  Senator McSorley noted that this century it was up to us to stop a war.  Senators Lopez and Feldman were equally compelling and eloquent in their support of the Resolution and their appreciation to Senators Ortiz y Pino and Grubesic for having the courage to initiate this action. 

After the vote in favor of the Resolution of 5-0, Senator Altamirano left, but the rest of the Committee stayed to take additional public comments until 10:30, when they were summoned to the Senate as a whole. There were still people present who had come to go on the record to impeach Bush and Cheney. In all, 2 to 3 dozen citizens spoke, each with a variation on the theme.   

There were, of course, many more present who did not speak. Some brought children so they could see that grown-ups cared. A couple of teenagers spoke saying this public participation gave them hope.  One man spoke whose son is shipping out to Iraq tomorrow. Veterans from WWII, Korea, Viet Nam and Gulf I spoke. A naturalized citizen who had been born and lived in Nazi occupied Denmark spoke about how she had been warned to be careful about speaking out at this hearing, which took her back to another time and place. A man spoke noting that he was from Republican Carlsbad, I think it was. 

People spoke with passion. One thing was made clear. This was not a "publicity stunt" by Senators Ortiz y Pino and Grubesic. There were lots of press present. No one signed up to speak in opposition, and no one requested to speak from the audience in opposition, perhaps because the opposition all boycotted the hearing, rather like sticking their fingers in their ears, covering their eyes and mumbling la, la, la, la, as most of us must have done before we grew up.

All in all, it was an exhilarating experience to see so many citizens who said that they considered it to be their responsibility to speak out, unlike--as one speaker noted--the "good Germans" who, after the war, wrung their hands and whined "what were we to do?"

So, now it's on to hearings in Senate Public Affairs and Senate Judiciary...when exactly remains TBA. --Guest Blogger Anne Kass

Editor's Notes: You can read the statement Anne gave at the hearing towards the end of our earlier post.

Here's an Impeachment Channel audio interview with Desi Brown, legislative aide to Sen. Ortiz y Pino, on what happened at Friday's Senate Rules Committee hearing on SJR 5, and what comes next.

You can also listen to a podcast of Eric Griego of the radio show Insight New Mexico interviewing Sen. Ortiz y Pino on a recent broadcast.

If you'd like to submit a post for consideration as a DFNM guest blog, contact me by clicking on the Email Me link on the upper left-hand corner of our main page.

Sunday: ABQ Town Hall Meeting on Global Warming (Live and Radio)

From Environment New Mexico:
We're hosting an event this Sunday in Albuquerque where you can learn more about global warming, as well as have an opportunity to ask questions of our expert panel.

WHAT: Community town hall meeting on global warming
WHEN: Sunday, February 18 from 2:00 to 3:30 PM
WHERE: Immanuel Presbyterian Church (Silver and Carlisle)

Expert panelists include former NM Secretary of the Environment and Transportation Judy Espinosa, UNM climatologist David Gutzler, green building architect Howard Kaplan and alternative energy activist Ben Luce. The community town hall meeting will also be broadcast live on KUNM (89.9 FM). The moderator will be KNME "The Line" host Gene Grant. Our journalist panel includes Alibi Managing Editor Christy Chisholm, Albuquerque Journal Science Reporter John Fleck, and KUNM's News Director Steve Shadley. To RSVP, just click here .

Also on February 18 and starting at Noon, Immanuel Presbyterian Church will screen Al Gore's "An Inconvenient Truth."

ACTION ALERT: Dem Rep. Gutierrez Votes to Revive Stalled Dirty Coal Bill

From Conservation Voters New Mexico:
Representative Joni Marie Gutierrez, D-Mesilla, voted Friday morning to revive a $85 million taxpayer subsidy for a massive pulverized coal plant, reversing her vote from a few weeks ago. 

“Representative Gutierrez’s motion today single-handedly resuscitated a stalled subsidy for dirty coal,” stated Sandy Buffett, Executive Director of Conservation Voters New Mexico. “The State of New Mexico should not be subsidizing an out-of-state corporation to build a dirty coal plant using old, polluting technology. If taxpayer money is going to be used for energy projects, we should be investing in the best available clean and renewable energy technologies.”

On January 29th, 2007, Rep. Gutierrez voted with the majority to “table” HB 178, the Navajo Nation Electric Facility Tax Credit, a bill sponsored by Representative Thomas Taylor, R- Farmington. The vote to table essentially stopped the bill from moving on the House side of the Legislature. Gutierrez made a motion Friday to bring the bill off the table to be heard next Monday, February 19th. The House Energy and Natural Resources Committee approved the motion 7-6, with five Republicans voting with Gutierrez on her motion [emphasis added].

House Bill 178 / Senate Bill 431 would provide an $85 million taxpayer subsidy to Sithe Global LLC for the construction of a conventional, pulverized coal plant called “Desert Rock” on the Navajo Nation. The plant, if built, would emit 10 million tons annually of greenhouse gas emissions and would contribute hundreds of pounds of mercury annually to a region already considered a mercury hotspot. 

“Sadly, it seems that Representative Gutierrez may have mistakenly concluded that her constituents in her district would not be concerned with this issue,” said Buffett. “But I believe that all New Mexicans want economic development that will create clean, high-wage jobs while protecting our air, land, water and precious taxpayer resources.”

In 2006, Conservation Voters New Mexico Annual Legislative Scorecard revealed Representative Gutierrez’ 100% perfect conservation voting record for the previous two sessions. “It pains me to know that Representative Gutierrez’ conservation score took a big hit today, but then again, so did New Mexico’s environment,” stated Buffett.

Conservation Voters New Mexico (CVNM), the political voice of New Mexico’s conservation community, is a nonpartisan, nonprofit 501c4 organization. CVNM’s mission is to make sensible conservation policies a top priority for elected officials, political candidates, and voters across the state.  For more information or to view the 2006 Scorecard, please visit www.CVNM.org.

Some basic facts about Desert Rock:

• Total carbon dioxide emissions in the state will increase 16%, with 10 million tons emitted annually from this plant;
• The greenhouse gas emissions from this plant will cancel out the Governor’s numerical targets for curbing global warming;
• On February 5, 2007, hundreds of citizens of New Mexico, including over 50 Navajo activists and elders, gathered at the New Mexico State Legislature to protest the proposed Desert Rock power plant;
• Sithe has not publicly announced any “Power Purchase Agreements” to be in place. PPAs are typically secured prior to seeking financing for a major power plant.
• Sithe seeks to build the plant to export electricity to Nevada and Arizona. However, the plant would not meet California’s new clean energy import standard, precluding the plant from being able to sell to the largest power market in the west.

Sandy Buffett, Executive Director
Conservation Voters NM (CVNM)
320 Aztec St Ste B, Santa Fe, NM  87501
505.992.8683 (tel); 505.270.5743 (cell)
505.986.0339 (fax); sandy@cvnm.org

CVNM -- Working to Hold Legislators Accountable and to Elect a Pro-Conservation Majority in New Mexico! Please join our efforts at www.CVNM.org

Editor's Note: You can read our previous posts on this issue here and here and here.

What We Can Do:
To express your views to Rep. Guitierrez about her unfortunate reversal on this harmful legislation, click here for contact info.

Please contact members of the House Energy and Natural Resources Committee ASAP and urge them to kill HB 178: click for contact info.

You might also consider FAIR Blogcontacting Governor Richardson's office. In his role as Governor and his campaign for president, the Gov. is portraying himself as strong on the environment but this bill, being helped along by a prominent Democratic legislator, would use NM taxpayer funds to help create another powerful producer of greenhouse gases in our state. SOMEONE convinced Rep. Gutierrez to change her mind on this bill. We don't know who it is, but chances are it was one or more prominent Democrats using political pressure.

This Saturday on Insight NM Radio: Rep. Chasey, NM FBIHOP, Christie Chisholm of The Alibi

Photo montage of last week's show by Suzanne Prescott.

The one, the only Insight New Mexico, hosted by Eric Griego and Suzanne Prescott, is back this Saturday with another hour of progressive talk radio on Albuquerque's 1350 AM, from 3:00 to 4:00 PM. This week we'll hear from NM Representative Gail Chasey, local blogger New Mexico FBIHOP and Christie Chisholm, Managing Editor and News Editor of the Weekly Alibi.

Note: Shows are rebroadcast on Sunday mornings from 7:00 to 8:00 AM on 1350 AM.

Check out the show's website at for more info on guests, issues and blogging, as well as podcasts (mp3s) of previous shows. Listeners are encourged to call in during the broadcast with questions for the guests. Just punch in 338-4090 and you'll have a chance to ask your question on the air.

Be sure to tune in tomorrow, keep track of what's going on at the legislature and local politics and support progressive talk radio in Albuquerque. If you'd like information on sponsorship options for the show, email .

U.S. House Passes Iraq Resolution

More good news today: The two paragraph, nonbinding resolution disapproving of Bush's escalation in the Iraq occupation was passed by the U.S. House of Representatives this afternoon, by a vote of 246-182. There were 17 Republicans brave and honest enough to vote yes on the measure and two Dems who voted no according to the roll call.

Republicans voting Aye:

Castle
Coble
Tom Davis
Duncan
English (PA)
Gilcrest
Englis (SC)
Johnson (IL)
Jones (NC)
Keller
Kirk
La Tourette
Paul (TX)
Petri
Ramstad
Upton
Walsh (NY)

Democrats voting Nay:

Marshall (GA)
Taylor (MS)

BREAKING: NM Senate Rules Committee Passes Bush-Cheney Impeachment Resolution

Senate Joint Resolution 5, the legislation urging impeachment of Bush and Cheney, was passed this morning in the NM Senate Rules Committee with only Democrats present, all of whom voted for the resolution! The meeting room was packed to the gills, with a huge crowd winding down the hallways outside the hearing. Several hours were spent listening to citizens speak on behalf of the bill, until Committee members were forced to move on to other business.

I find it appalling that every Republican member of the Committee refused to attend and listen to what our citizens have to say about what may well be the most important issues of our era -- the Iraq occupation and the refusal of the President and Vice President to obey the law. I guess they couldn't bear to hear ordinary people speaking truth to power. I guess they believe they only represent the Republicans in their districts, not all the citizens.

Now's the time to THANK THESE DEM SENATORS FOR VOTING FOR THE IMPEACHMENT RESOLUTION:

Senator Linda M. Lopez, Chair:Senator John Grubesic, Vice Chair; one of bill's sponsors:Senator Ben D. Altamirano:Senator Dede Feldman:Senator Cisco McSorley:

And don't forget the resolution's other ORIGINAL SPONSOR, Senator Gerald Ortiz y Pino:

Job well done also goes out to Leland Lehrman of Mother Media and ALL the citizen lobbyists, callers and emailers! We have much more to do, but this is a very hopeful start. The resolution has to pass through the Senate Public Affairs and Senate Judiciary Committees before it can be debated on the Senate Floor, but I think even getting this far in Bush's America is a real accomplishment and an act of courage by the legislators involved.

The first person to testify at the hearing was progressive activist and retired District Judge Anne Kass of Albuquerque. She had this to say in her eloquent prepared statement, representing what so many of us are feeling these days:

One of the sources of America's moral authority in the world is its professed commitment to an ideal known as the Rule of Law.

    The Rule of Law includes the principle that no man is above the law.

    The Rule of Law also includes the principle that crimes must be prosecuted.

If the Rule of Law is to be anything more than an empty slogan, then all American citizens, but especially legislative bodies such as this, where both laws and the consequences for breaking laws are established, must demand, when there is compelling evidence that criminal acts have been committed, that there be a formal, official investigation and prosecution.

Confidence that crimes will be prosecuted is essential to the existence of civilized society. If the New Mexico Legislature hopes to retain its moral authority to continue to write laws and set consequences when the laws are broken -- if, for example, the New Mexico Legislature wishes to be able to speak with moral authority when it declares that anyone who drives while intoxicated must be held accountable and experience severe consequences, then the New Mexico Legislature must insist that there be a formal and official investigation and prosecution to test the compelling evidence that exists that Mr. Bush and Mr. Cheney have committed grave crimes ... crimes which have resulted in the deaths of thousands of American soldiers and hundreds of thousands of Iraqi people.

That there is compelling evidence of crimes having been committed is unquestionable. The evidence that Mr. Bush and Mr. Cheney lied about the existence of weapons of mass destruction as an excuse to take our nation to war is overwhelming. What greater crime could there be than initiating an unjustified, unnecessary war?  AND, there is compelling evidence of still other serious crimes.

The United States House of Representatives has to date failed to meet its duty to enforce the principle that crimes must be prosecuted. Its failure is a  source of shame, and if it persists, it will lose its moral authority to call for, or even speak to, law and order, let alone accountability, regarding it's responsibilities as a part of the governing body of this nation. It is our hope that a nudge from the New Mexico Legislature, making the statement that it takes its duties to honor and uphold the Rule of Law seriously, and leading by example, will remind the United States House of Representatives that it is responsible, first and foremost, to the people of the United States of America.

That said, let me add that we-the-people are becoming more and more frantic about Congress's failure to stop George W. Bush from doing still more harm to our country. Mr. Bush appears to have no understanding of the concept of checks and balances, of the meaning of the word democracy, or of the principle that in America the government governs only with the consent of the governed. He has made it clear that he intends to ignore both we-the-people and Congress with respect to escalating the occupation of Iraq. It sounds more and more that he also intends to attack Iran, never mind that a clear majority of the citizens of this country oppose it. Congress must act, but it looks to be almost paralyzed. The New Mexico Legislature must show that it is not paralyzed and in so doing help the United States House of Representatives regain its own understanding of the concept of checks and balances, of the meaning of the word democracy, and of the principle of consent of the governed. --statement of Anne Kass, Albuquerque, NM, testifying at February 16, 2007 NM Senate Rules Committee hearing at the Santa Fe Roundhouse on impeachment resolution
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To read our archive of posts on the NM impeachment effort, click here.

Surface Owner Protection Act Passes First Committee in NM House

From the NM House Democratic Leadership:
House Bill 827—Surface Owners’ Protection Act, introduced by Rep. Andy Nuñez (D-Hatch), passed out of the NM House Health & Government Affairs Committee on Thursday with a vote of 6 to 0. It will be heard next in the Energy & Natural Resources Committee.

The bill would protect landowners who don’t also own the mineral rights below their land, which is common in New Mexico. Ranchers, farmers and homeowners have had more frequent complaints about damage and reduced property value in recent years because oil and gas drilling has increased.

Rep. Nuñez, cattlemen, environmentalists, and homeowners have been trying to reach a compromise on bill language with oil and gas industry representatives. However, those efforts reached an impasse in the committee meeting today when amendments to HB 827, supported by oil & gas representatives, were not adopted. Rep. Nuñez considered the amendments detrimental to his bill.

“We’ve been negotiating with representatives of the oil and gas industry for over two years and we already had an agreement on the issues that are being raised again today,” said Rep. Nuñez. “This whole situation reminds me of the negotiations between the United States and North Korea. And we’re the U.S.,” he added.

The Surface Owners’ Protection Act would require the oil and gas industry to notify landowners 30 days prior to any oil and gas operations, to describe the operations, and to propose a surface use and compensation agreement. The landowner then has 20 days to accept, negotiate, or reject the offer. If no agreement is reached between the landowner and company, a bond must be posted before operations begin and the landowner retains the right to bring legal action within six years if land damage occurs.

“The relationship between the oil and gas industry and the landowners is out of balance. Ranchers, farmers and other New Mexicans affected by oil and gas development on their land deserve to be respected and compensated,” said Nuñez.

The oil and gas industry in New Mexico has generated millions of dollars in company profits and tax revenues for the state general fund in many years. Since 2000, more than 2,000 new oil & gas well permits have been issued throughout the state per year.

If HB 827 becomes law, New Mexico will join 10 other states, including Texas, Wyoming, and Montana that have passed laws to protect surface owners. Governor Bill Richardson, the New Mexico Cattle Growers’ Association, New Mexico Environmental Law Center, New Mexico San Juan Citizens Alliance, the Oil & Gas Accountability Project and other environmental groups all support the Surface Owner Protection Act.

Editor's Note: For more information, see our previous post. Supporters of this bill are urged to contact members of the House Energy and Natural Resources Committee to encourage their passage of this important legislation.

Campaign Finance Reform Bill Passes NM House Judiciary

From the NM House Democratic Leadership:
On Tuesday the NM House Judiciary Committee passed House Bill 821a — Campaign Reporting Requirements — sponsored by Rep. Mimi Stewart (D-Albuquerque), with a party line vote of 9 to 3. The bill is part of the comprehensive ethics and campaign reform package that has been presented by House Democrats based on the recommendations of the Governor’s Task Force on Ethics Reform. 

Rep. Stewart said, “New Mexico is one of only five states that does not have any type of campaign contribution limits. This bill would move us out of that group and require that all statewide and legislative candidates abide by the same rules.”

HB 821a enacts four significant reforms that strengthen state campaign finance law. It places limits on campaign contributions that are consistent with and indexed to federal law. That limit is currently $2300 per donor, per candidate, per election. And it requires disclosure of every occupation and employer or business of a contributor of $100 or more.

The bill closes a loophole in current campaign reporting requirements in the category of “independent expenditure” for out-of-state political entities. Previously, out-of-state donor organizations had no reporting requirements at all. It also grants the subpoena power to the Secretary of State for investigations into possible violations of the Campaign Reporting Act.

“This bill represents a balanced approach to campaign financing that everyone can abide by. It limits the ability of extremely wealthy interests to underwrite campaigns,” said Stewart.

Matt Brix, Executive Director of New Mexico Common Cause, said, “These are reasonable limits that will allow more people to be involved in the electoral process. It beefs up reporting requirements so that citizens know where the money that influences New Mexico politics is coming from.”

Organizations supporting the bill included the Albuquerque Chamber of Commerce and the New Mexico Association of Commerce & Industry, a strong backer of business growth in the state.

Editor's Note: This bill had previously passed the House Voters and Elections Committee on a vote of 8-4, again with Republican members either voting against it or absent. Despite the constant drumbeat of Republicans about alleged corruption, they apparently prefer to let NM remain as one of only a handful of states without limits on campaign contributions.  Strange, isn't it?

The bill goes next to the House floor. Please contract your state representative to urge their support of this bill. You can get contact information here.