Denish Admits to Improper Use of Federal Stimulus Funds
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In response to inquiries begun by New Mexico Watchdog, Lt. Governor Diane Denish has admitted to improper use of federal stimulus funds. Her office has never responded to our questions. Nor has her office sent us the news release sent to other media organizations. Therefore, we will link to the excellent coverage of this development by Las Cruces on-line journalist Heath Haussamen and Steve Terrell, veteran reporter of The Santa Fe New Mexican. Rather than repeat what they said, we encourage you to read their reports for themselves. The only thing would add at this point is that the telephone number on the improper press releases gives the number of the state-issued cell phone used by Lauran Cowdrey.
New Mexico Watchdog will return Thursday. Jim Scarantino is away from the office climbing a mountain. Great work, Heath Haussamen.
Posted under News.
Tags: Denish, Scarantino, stimulus
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10:24 pm on November 14th, 2009
NMI accused the Watchdog of raising questions without providing answers (though the “independent” Web site did follow up with an odd mix of putting the lid back on the story while still trying to scoop the reporter who broke the story, when answers from recalcitrant officials began to come to light as a result of the Watchdog’s reporting and the obligatory follow up by other organizations).
Okay, so left-wing flacks at the “Independent” like to snipe at their libertarian counterparts. Fine — they are pundits criticizing semi-public figures. But here’s a question you might explore, In light of the rampant corruption in state offices and chronic libelous attacks against the press by the Governor and Lt. Governor. What recourse do citizens have when libeled by public officials?
the Lt. Governor characterized the Watchdog as “a right-wing organization that exists solely to distort information and make partisan political attacks, not to present facts in an objective manner.”
By libel law, any evidence that the Watchdog exists for any other purpose than to distort information would rebut the classic defense of truth in libel trials. Do public officials really have the lawful privilege to dictate to the public, using official government resources, what opinion to hold of their political opponents? Besides the matter of libel, doens’t the use of state resources to commit the politically motivated libel comprise yet another violation of NMSA Article 10, Section 16?
NMSA 10-16-3.1. Prohibited political activities.
Public officers and employees are prohibited from:
C. violating the officer’s or employee’s duty to not use state property, or allow its use, for other than authorized purposes.
10-16-17. Criminal penalties.
Unless specified otherwise in the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978], any person who knowingly and willfully violates any of the provisions of that act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
Do public officials use of public resources to publicly attack media outlets and journalists violate the U.S. constitutional prohibition against official interference with the press:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press”
or the Bill of Rights in Article 2 of the New Mexico Constitution:
” Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted.”