Sunday, January 21, 2007


Help me Understand

I think Larry Long is the archetype of an outstanding Attorney General. He has done a terrific job in continuing the tradition of keeping politics out of decisions made in the office of the state’s chief prosecutor. He is a model public servant and I have no doubts about his integrity.

Today the Sioux Falls Argus Leader reports on Long’s analogy to help reassure us that the Senate’s awkward decision to hold hearings on the alleged groping of a page by one of its own is the proper for thing for them to do. He compares their actions to a school board investigating the possible inappropriate actions of one of its teachers.

I don’t think the comparison works.

From the Argus: “Long compared the Sutton case with a hypothetical situation in which a 16-year-old student falls for an adult teacher and the two end up having a romantic relationship.

The student would be old enough under state law to consent to such a relationship, but a local prosecutor would investigate whether the student did in fact consent.
However, regardless of that investigation, the school district still would consider the relationship ethically inappropriate and would conduct its own investigation and take action against the teacher if it deemed it necessary to do so.In that case, "it might be criminal as well, or it might not, but that doesn't lessen for 30 seconds the school's responsibility," Long said.”

So let’s see, if this is true, a school board (or any other governmental body) could decide to conduct a criminal hearing or investigation MINUS sufficient evidence for any prosecutor to move forward with the same case. Such a decision would be based on politics, not on a legal basis.

That is how politics is played in Cook County or Louisiana. In those jurisdictions one might not hesitate to use the power of the office to distract the public, smear an opponent, or gain a cheap political advantage. But this is not how we do things in South Dakota, or at least how we used too.

Please don’t misunderstand me. I am not blaming Larry Long for how we got to this point. He is only trying to rationalize how the Senate made its decision to move forward with the hearings absent enough proof for even his own office to prosecute.

And although I am amazed and disappointed with their decision, I am not overly critical of the legislature either, or at least most of the present and past membership. While I expect a bit more fortitude, the body has been placed between the rock and the hard place in this situation: either they hold hearings based on little, if any, real evidence or they essentially perpetuate the swirling speculation and rumors. Worse yet, by doing nothing the legislative body can be seen as part of the problem as a group covering things up for one of its own. So while I don’t agree with their decision, one can appreciate how they made it.

No, there are a select few who can be held accountable for whipping all of this into a tawdry public scandal. I refer to those that drop bombs from their official capacities with slimy assurances to the accused that all will be forgotten if the “troublemaker” will just quietly go away. That, or the accused will be responsible for everyone becoming entangled in the snarled mess, and nobody really wants that, do they? It all seems like legitimized extortion and abuse of power.

So we go forward. The victim is victimized again, the accused will remain forever guilty in minds of most without real due process, and everyone else is left to clean up the mess. And others, like Long, are left to explain how we arrived at this embarrassing political situation.

Meanwhile the perpetrators remain deluded with the notion they are our moral heroes and are ever ready to stir up more chaos. It is unbelievable, unfortunate, and unnecessary how some advance by stepping all over the lives of others.

Maybe it really is justice for “just them.”

3 comments:

Anonymous said...

Gabe,

Thanks for the Chicago Machine shout out!

Vote early, vote often.

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Bob Newland said...

Note from Newland: This message went out to supporters of South Dakotans for Safe Access and the Safe Access Act of 2009 the day after Christmas. I am sending it simultaneously to several South Dakota blog moderators. The principle topic I thought might interest you was the exchange between Kevin Woster and the Attorney General.
******************************


Hello everyone,

I hope you all had good holiday celebrations. And even better day-after sale-shopping.

The immediately-following deals with medical cannabis only peripherally. It would not have happened without the current SDSA campaign to get the issue of medical cannabis into the legislative session beginning in January. It also shows that no matter what we do, our opponents will say that what we really want is to give heroin to babies, or some such.

For a couple of years now, Kevin Woster, a writer for the Rapid City (SD) Journal, and one of the moderators for the Mt Blogmore political blog (a Journal property), has periodically, if rather timidly, questioned the efficacy of the War on (Some) Drugs, and has written columns for the Journal in which he has told of people he knows who have used cannabis to fight the effects of illnesses and their treatments.

On Dec. 2, he made the following post to Mt. Blogmore...

Please, somebody explain how we’re winning the war on drugs

By Kevin Woster

I come to this discussion as one who does not smoke pot.

I don’t want to smoke pot. I don’t intend to smoke pot.

Whether it’s legal or not.

I’ve smoked it, three or four times, way back when. Got no desire to smoke it again. (Yes, Newland, I might change my mind if I had a medical condition it made better.)

Mostly, I think pot does more harm than good. But mostly, I also think alcohol does more harm than good. All told, I think we’d be better off if more people smoked pot and fewer people drank alcohol. But I think we’d be a lot better off if more people didn’t do much of either.

I have no desire to “feel better,” as Newland puts it. I like feeling the way I feel.

But that’s just me. I don’t care if somebody else smokes it, as long as they don’t do something while feeling its effects - such as driving a car, most likely well under the speed limit, and threatening my safety.

But I think your average stoned motorist would probably be less of a threat than your average distracted - by cell-phone chatter and even, amazingly enough, texting - motorist.

Or your average fixing-her-lipstick motorist. Or your average reading-his-newspaper motorist. Or your average yelling-at-the-kids-in-the-backseat motorist.

Or the average charged-up-on-caffeine-and-nicotine motorist.

And as one who has spent a good share of time - sober, or straight - with friends and acquaintances who were either drunk or stoned, I’ll tell you I’ll take stoned every time. No contest.

Beyond all that, how does it benefit anyone in South Dakota to bust those goofy “mules” from the West Coast driving across South Dakota to deliver a load of pot someplace else? Most appear to be poor, and desperate for dollars.

Why should we celebrate throwing them in prison for many years, especially when state taxpayers pay for their keep?

Isn’t it counterproductive to clog our courts and criminal system for pot offenses?

Isn’t it a waste of resources? Does it have any real effect on how many people smoke pot?

Are we winning “the war on drugs”? If so, please tell me how?

(See the comments on this blog post)
http://www.rapidcityjournal.com/politicalblog/?p=2940#comments
*******


After the posting above, Woster was speaking with the Attorney General of So. Dak. The result of that conversation was the Woster column below.

If there's not a graphic file of a newspaper column directly below, you can read the column at the following website...
http://www.sodaknorml.org/Press2008/WosLong.htm#081221col




*********************

One might read into Larry Long's words an element of attempted intimidation. I certainly read into Woster's words an element of "How stupid can an attorney general be and still make it to work nearly daily?" It could be be I'm just projecting.

We can see that the AG can at least read the Drug Czar's primer. Or has had someone read it to him. "We're keeping lots of people off drugs because they're illegal," he said. Who, for instance? Name one. You, Mr. AG? Or your predecessor? Or his predecessor? I don't think so. (Understand, I am 60 years old, and I used to hang out in crowds these folks hung out in.)

I think you should send Kevin Woster an "Attaboy!"
Kevin.Woster@lee.net
Let him know his words are appreciated. Be sure you let him know what you're praising him for.

Incidentally, I've been invited to talk about the proposed South Dakota Safe Access Act of 2009 on So. Dak. Public Radio on Tuesday, Jan. 6 at 11 am Mountain Time. Also on the air and online that day, opposing me, I assume, will be Larry Long, So. Dak.'s Attorney General, or, at least, someone from his office. You can listen live on So. Dak. Public Radio almost anywhere in So. Dak. on the FM dial, or online at
http://www.sdpb.org/radio/index.asp

You might recall that SDSA asked for the Attorney General's assistance in drafting legislation that would protect patients from arrest for trying to alleviate their own suffering. We sent that letter on Dec. 9. We're still waiting for his reply.

There might be archived shows at sdpb.org, as well, in case you can't listen live.

Less than three weeks until the legislative session begins. If you have not called your legislators, DO IT THIS WEEK!!! Review the procedure and how to find who your legislators are at
http://www.sodaknorml.org/sdsa_files/campaign/eblasts.htm#081213

That page also contains a lot more info, if you're just starting to get these messages.

Check out our 4x5 inch handout cards. If you want some, let me know, and I'll mail them to you.
http://www.sodaknorml.org/sdsa_files/tools.htm

Please. If you know someone who needs medical cannabis, ask him or her to contact me. Our list of horror stories and government cruelty to extremely sick people is growing. newland@rapidcity.com

Always put SDSA in the subject line, so I can find it in my spam filter. My Spam filter will send back a challenge message to addresses it doesn't recognize, too, and you can write in some numbers from an image, and get yourself cleared thru the filter. The most effective way to move a legislator in our direction is to arrange an interview between a legislator and a medical cannabis criminal from his community. Most legislators will agree to confidentiality. I think they can be trusted to keep their word.

I'll have more news and views for you in a day or two.

Best regards,
Bob Newland
http://www.SoDakSafeAccess.net/

P.S. If you see anything SDSA might be able to do -- to raise the general level of consciousness on this issue -- on a real low budget, let us know. If it's a DYNAMITE idea that costs some money, we might be able to raise some money to do it.