David Montgomery is providing the best live online coverage of the Dan Willard robocall trial, tweeting prolifically and usefully from the Lake County Courthouse.
Amidst yesterday's flurry of keystrokes, in one retweet of colleague John Hult and four tweets of his own, Montgomery captures what the Willard prosecution is really about:
- Hult: "DCI Director Bryan Gortmaker is on the stand now. The state's top cop investigated the Willard matter."
- Montgomery: "Gortmaker testified that he was asked to investigate the robocalls personally by Attorney General Marty Jackley."
- Montgomery: "When Jackley asked DCI to investigate robocalls, Gortmaker told him, 'I wanted to take this personally.'"
- Montgomery: Tornow asks if Gortmaker's investigation proves someone bought the TracFone. Gortmaker: 'By circumstance, yes.'"
- Montgomery, quoting witness Gary Dykstra: "The fact that we're here today is proof in and of itself that some people don't like what we have to say."
The state's top cop tackled this crime, a misdemeanor violation of a statute that the Legislature took off the books this winter. South Dakota's Attorney General asked that top cop to take it. In a state with sex trafficking, child abuse, phone scams, fraud, and use of non-profit donations for political purposes, the chief of the Department of Criminal Investigations turns his attention to the crime of failing to put one's name to debatable claims about the voting records of powerful Republicans. Senate Majority Leader Russell Olson whined that he felt terrorized, but no one was really harmed any more than they are in a daily round of blog criticism.
For all of that top cop's efforts, all we get is circumstantial evidence. Yet the prosecution pushes on, determined to drag through a costly trial those who would challenge the Republican leadership, happy to gamble on the 50-50 bank shot that a slightly stacked Lake County jury will put in jail for a year a fellow Republican who anonymously said things Republican leaders don't like.
Given all the things I've said on this blog that Republican leaders don't like, it's surprising they haven't committed similar resources to do the same thing to me. Funny: by putting my name to everything I write, I may have spared myself a Willard-style prosecution.
Whichever way the verdict goes, the Willard trial shows the reality of South Dakota politics: say things the leaders don't like, and they will order top officials to find a way to make you pay.
They sure are going all out for this misdemeanor case. Even if Willard did everything they accuse him of, I'm not sure it's a crime.
And if the law went away it troubles me that the state is prosecuting someone under a repealed law. That's like carrying on a speeding case for someone accused of driving 60 mph in a place that is now a 65 zone. Besides being an injustice to the person accused, it's a tremendous use of resources - court resources, DCI resources, Attorney General resources, jurors' time, and the defendant's resources. I want to know how many tens of thousands of taxpayer dollars are being spent going after someone for a repealed misdemeanor.
Rorshack - It's not cheap keeping Mayberry crime-free.
If I recall, the Governor's office also ran an ad against Rep. Peggy Gibson without a "paid for by" disclaimer, but of course nobody was prosecuted for that. Nor was Pat Powers prosecuted when he was working in the Secretary of State's office and running his unregistered campaign business on the side in violation the law requiring the registration of fictitious business names with that office. It's selective prosecution.
It was also interesting that the prosecution decided a felony charge (perjury) was not followed so they could focus on the misdemeanor charge.
KELOLAND.com has a live feed
http://www.keloland.com/custompages/livecoverage/
It's hard to respect Willard for doing what he has done. It's even harder to respect Stace Nelson. These guys are a couple of political thugs who feel entitled to do whatever they want and hide behind the cause of liberty.
Everyone should call them out and make sure this stuff doesn't happen again.
Willard would have received a lot more positive attention if he would have declared himself an advocate for disabled veterans and testified against the legislation formed a PAC and done everything he has done publicly. He is a disabled vet who has a great story to tell.
The impression I have of Stace is that he builds up a furious personal vendetta against some people and then feels the need to retaliate in a stupid childish way. Those around him are equally foolish for blindly following him. This will not be the last time they do something foolish.
Ken,
I can only hope that you have influence with Stace because you appear to be a reasonable guy who focuses on issues of substance rather than personal attacks. He should listen to you more often.
Republicans doing republicans, litigation for a misdemeanor, in a red state? Where the hell did all the good feelings go? The big tent is just a pup and party unity is only an illusion.
I love how things are going right now.
The Blindman
http://grooveshark.com/s/Dont+Worry+Be+Happy/2aE4GS?src=5
Here's the take home lesson: "Funny: by putting my name to everything I write, I may have spared myself a Willard-style prosecution."
I was certainly a thorn in the side of the South Dakota power structure, but I put my name on everything I did, except for one time. That time I left it off on a crackerbarrel leaflet because of space issues, and Napoli let me have it for making an anonymous flier. It was a lame attack since I was handing it out, but I felt I had given him justification for taking the discussion off track. If you say something, it doesn't mean much if you aren't willing to stand behind it.
The fact that they are prosecuting a lame case shows how scared the power structure is.
The republican party infighting for the privelage of running a nanny state that nobody else pays any attention to. Voted the very best business climate in the nation. So where is all the business? Oh ya there was that beef thingy. And the banks, and insurance companies. But where is the job for the common person?
We live in a broken red state with only the ones in power to blame for our problems.
Like septic system sludge oozing from a broke down honey wagon, so are the days of their lives.
The Blindman
Was Judge Foley appointed after a vacancy or was he elected with help of the Governors Club?
Judge Foley was a Democratic state's attorney who was elected over former Rep. Sean O'Brien (R-Brookings) - who then was appointed to a judicial vacancy in Mitchell.
Foley was elected when running against O'Brien who was a legislator. A few months later, while O'Brien was intoxicated during the whole legislative session, Rounds appointed O'Brien to be a judge also. O'Brien then got two DUI's as a judge and an ankle braclet but would not resign. He was the party favorite and failed bad. The people picked the better one but now wondering if any good ones run for judge or any good ones get appointed.
Thanks fellers
http://ujs.sd.gov/media/annual/fy2011/AppendixB.pdf
In the Janklow era you could not disagree with the leaders or you would get badmouthed real bad or worse. They had gag laws to keep peoples mouth shut. Then when he was gone Larry Long said that he had to study it first rather than let the legislature end the gag law. Larry had helped write that law so he already had studied it. So this stopping the opposition had been a Republican method for most of my life time.
But if we look further back, the first governor of South Dakota got in bar room brawls in Yankton where the first capital was. They also had a legislator who had pulled a gun on other legislators in a bar to make them vote his way. He spent the next legislative session in jail exept for a few minutes out to vote. So this state has had various methods of bullying to keep the thing going the way of a few.
What he said isn't the point of the case, but from what I could find just criticism that some of these guys didn't vote yes on vets issues. Has to be financially hard on Willard and a general waste of time for everyone. Maybe we're being ruled by self centered jerks: http://www.alternet.org/economy/are-we-being-ruled-self-centered-jerks-what-new-studies-reveals-about-ultra-wealthy?page=0%2C0
John Hess that was an eye opener, great link.
The Blindman