A Progressive on the Prairie

Okay, maybe it’s not really over but the polls are open, the voters are casting their ballots and the campaigns are in their last gasp.

I moved my blog away from politics because of the level of political discourse in this country. I have to say, though, that jousting with South Dakota JAILer-in-chief Bill Stegmeier, Bonnie “Shriek” Russell, Jake Hanes and the JAILer in Worthing who was capable of only leaving insults as comments but lacked the nerve to sign his or her name not only reinforced that belief, they showed me new lows could be reached.

Confronting opponents on their statements, tactics, misrepresentations, outright lies and dissembling is part and parcel of political discourse. That, however, is far from the approach of the lunatic fringe behind Amendment E. Their level of intellect is such that they must call opponents such things as ass, dipshit, dick, “boy,” and bastard, to name just a few. Personal attacks don’t bother me in and of themselves. As I’ve said before, I’ve been called worse by better. Still, I can’t figure out how literally cursing and damning the other side educates voters or advances a cause. It must be the resort of those who lack any modicum of reason and are incapable of engaging in honest debate.

But “Shriek” took it to extremes to which even the dirtiest campaigns don’t stoop. One of the comments she left on my blog (you know, the one she claimed to never read) attacked one of my daughters, even though the post had nothing to do with JAIL. Yet insulting and attacking a young woman who has nothing to do with my blogging or opposition to JAIL wasn’t enough for “Shriek.”

In one of her always just barely literate blathers this past weekend, she suggested state judge Lee Anderson committed suicide because he had “second thoughts” about having donated to the No on E Committee. Evidently “Shriek” is oblivious to or could care less about the seriousness of depression, the effect it had on Anderson and his family, or that Anderson’s wife has been courageous enough to speak publicly about it in the hopes of helping others. No, to “Shriek” a man’s death at his own hand as a result of a debilitating and disabling disease is just one more opportunity to spew hatred that serves no political or logical purpose. It is stunningly repulsive and abhorrent.

Although I doubt it will ever really be over with these wingnuts, the election soon will be. I’m hoping that, except for any final comment or wrap-up post, my blogging on JAIL is over. I know any political discourse with and about these miscreants is over. Therefore, please forgive me while I allow myself to stoop to JAIL’s standard of discourse for a moment to close this chapter. I think Everclear‘s “Now That It’s Over” concisely expresses my thoughts about these reprobates in the vernacular they seem to love so much:

I wish that I could find the words to tell
You to politely go fuck yourself.

I’m posting this the morning of Election Day to make it clear that this admittedly hypocritical deviation from my own criticism of political discourse is not dependent upon or reflective of the election results. Now please excuse me, I have far more important things to do. There’s work, making final arrangements to host a high school volleyball dinner and attending tonight’s district volleyball championship. First, though, I need to at least try to wash off the stench of Stegmeier and “Shriek.”

---

Idiot wind, blowing every time you move your teeth,
You’re an idiot, babe.
It’s a wonder that you still know how to breathe.

“Idiot Wind,” Bob Dylan, Blood on the Tracks

They love using the word accountability but, as I indicated in a No on E blog post last night, I have a feeling the fact Judge Max Gors held South Dakota JAILer-in-chief accountable for his misstatements will probably become “Fraud 5” or some other such number.

On Friday, Judge Gors formally entered his order and the supporting documents in Stegmeier’s lawsuit against the No on E Committee that charged the committee with lying about JAIL in its advertising. Perhaps the lawsuit wasn’t such a good idea. What follows are excerpts from Judge Gors’ factual findings. (“Respondent” is No on E treasurer Bob Miller and “Applicant” is Stegmeier.)

18. Respondent’s Exhibit One, a letter dated June 10, 2005, sent by Stegmeier to the South Dakota Legislative Research Council, at page two, states that Stegmeier’s draft of the initiative concerning the definition of Judges (those who would be subject to the jurisdiction of Amendment E), contained the following: “Judge in the ordinary sense means just that: a judge. The specific meaning for purposes of this Amendment is not limited to “judge” only, but means all of the terms shown, including “all other persons claiming to be shielded by judicial immunity.”19. Respondent’s Exhibit One clearly demonstrates Stegmeier’s intent, prior to any signatures being gathered, that the scope of Amendment E went and was intended to go far beyond just “judges” as that term is used in the ordinary sense.

20. Respondent’s Exhibit Two, dated December 7, 2005, clearly demonstrates that the author, Mr. Branson of California, intended that the scope of Amendment E extend beyond just judges, specifically stating that “…it can be a janitor, a clown in the circus, — anything.”

21. Respondent’s Exhibit Three, dated December 15, 2005, clearly demonstrates that the applicant and treasurer of the Amendment E proponents, Mr. Stegmeier, intended the scope of Amendment E extend beyond just judges, specifically stating that “…any governmental employee (of any stripe, shape or flavor)… while hiding behind the bogus doctrine called judicial immunity” would be subject to Amendment E; further, that the latter modifies and broadens the scope to include all persons protected by judicial immunity, including jurors, county commissioners, school board members, judges and others.

22. Respondent’s Exhibit Four, dated October 23, 2006, clearly demonstrates Mr. Stegmeier’s knowledge that the scope of Amendment E extends beyond just judges and includes, in his words, “boards and commission members.”

23. Although Mr. Stegmeier’s affidavit claims that Amendment E only applies to Judges for “deliberate violations of the law,” Respondent’s Exhibit 5, a fund raising political brochure of the proponents of Amendment E and bearing Mr. Stegmeier’s signature, promises that Amendment E could be used against Judges for complying with the Rules of Evidence and forbidding jury nullification.

24. Respondent’s Exhibit 5, the fund raising political brochure bearing Mr. Stegmeier’s signature, asserts that Amendment E “…does not affect these boards and commissions in the least.”

25. It is undisputed in the record that Exhibit 5 was and perhaps still is being distributed by Mr. Stegmeier after this Court’s ruling of August 21, 2006, which was affirmed by the South Dakota Supreme Court on August 31, 2006, wherein this Court ruled that the scope of Amendment E includes not only judges, but also jurors, grand jurors, parole board officials, court services officers, prosecutors, and other citizen boards, thus putting those individuals at risk of being stripped of their judicial immunity and subjected to personal lawsuits.

26. Respondent’s Exhibit 6, an internet article dated December 9, 2003, apparently written and published by Ron Branson of California, who authored and is the Jailer in Chief of the national judicial accountability movement, argued that jurors who agree to follow the Court’s instruction on the law thereby “conspire” against the rights of defendants; further, that the word “conspire” logically and legally infers criminal conduct.

27. Stegmeier, having lost his lawsuit before this Court on the language of the Attorney General’s ballot explanation and lost his appeal to the Supreme Court, is bound by the decision of the Court under the doctrine of res judicata [which bars relitigating of cases and issues already decided].

28. The Court takes judicial notice that paragraph 16 of Amendment E specifically grants the special grand jury the power to issue criminal indictments.

29. The Court takes judicial notice of the Attorney General’s ballot statement, approved by this Court, wherein the statement explains the purpose of providing judicial immunity to judges, jurors and other citizen board members, to wit: “This allows them to do their job without fear of threat or reprisal from either side.”

30. Mr. Stegmeier and proponents of Amendment E ignored this Court’s ruling and the Supreme Court affirmance and persisted representing in their political campaign that the scope of Amendment E is limited to just judges.

31. The Respondent and No on E Committee have made no request for a cease and desist order and the Court will not issue one sua sponte [meaning on the Court’s own motion].

32. Applicant’s Exhibit One which states that Amendment E “could make jury duty a crime” is at least arguable, more likely probable and possibly true because the special grand jury under Amendment E would have the power to strip jurors of their current immunity and the special grand jury would have the power to indict jurors for crimes.

33. Applicant’s Exhibit Two which states that Amendment E could set violent criminals free is at least arguable, more likely probable and possibly true because the special grand jury would have the power to strip parole board members of their current immunity and because felons refused parole could intimidate parole board members through fear of reprisal.

34. Applicant[‘]s Exhibit Three which states that lawyers, prosecutors and jurors will no longer have immunity is at least arguable, more likely probable and possibly true because it is a logical extension of the scope of Amendment E.

(Emphasis added.)

These findings, particularly those in bold, seem to come as close to a civil judicial determination that Stegmeier is and has been lying as one could get. But, as I said last night, JAILers and the BS committee don’t consider holding their statements up to the light of facts to be accountability. In their perverse view of the world, facts are fraud.

---

[Lying] is the production either of malice, cowardice, or vanity; and generally misses of its aim in every one of these views; for lies are always detected, sooner or later.

Philip Dormer Stanhope, Lord Chesterfield’s Letters