AlamogordoTownNews.com When a public official files a RESTRAINING ORDER is that a dangerous precedent to free speech? cOUY gRIFFIN vS sTEPHANIE dUBOIS orTERO cOUNTY NEW mEXICO

When a public official files a restraining order for public comments is that a dangerous precedent to free speech?

The Otero County Commission the last several years has been the albatross of New Mexico in driving a media circus of controversy. Most of those controversies were driven by Couy Griffin while holding office of County Commissioner District 2, but the actions of the commission related to a variety of issues have raised questions and multiple court cases, a few of which have risen to the attention of the New Mexico Supreme Court and may eventually land on the docket of the US Supreme Court.

With the removal of Mr. Griffin from office, some thought civility and common sense would come back to the commission. The appointment of Stephanie DuBois by the Governor to fill Mr. Griffin’s position led to more controversy being so close to the general election.

The County Commission meeting of November 10th became a true circus of hostility and the meeting fell into disarray that again garnered national media attention to Otero County New Mexico and not in a positive light.

During that meeting, during public comments Couy Griffin went on a verbal rampage disparaging Ms. Dubois and attacking her role in the office she was appointed to calling her “an eight time looser.” Ms. Dubois felt she was verbally assaulted and not protected by the County Commission Chair nor the Sherrif is what she has stated in public comments.

Ms. Dubois told KOAT Action News; “I’m just fearful. I’m 77 years old. I don’t own a gun. I don’t have any way [to protect myself]. And for me, that thing in the room was frightening,”

According to a filing at the Otero County Courthouse, Couy Griffin is facing a restraining order from Stephanie Dubois. She’s the current county commissioner till December 31st via the appointment.

Dubois said she made the order after an incident that happened during a county commission meeting on Nov. 10. During the Thursday meeting, Griffin made a few comments towards Dubois during a public comment period. An argument then ensued between both parties, involving shouts and harsh words.

Dubois said she was terrified over what happened and still fears for her life. “I’m just fearful. I’m 77 years old,” she said. “It was very scary that nobody protected me.”

However, the verbal quarrel wasn’t the only incident that happened to Dubois. She claims she felt threatened the day the commission certified the election results when Couy was on horseback on the public street carrying a flag that said, “we the people.”

She told KOAT “Couy is on a horse, hiding behind a fire truck with a big flagpole that said, ‘We the people.’ All of a sudden, I see the flagpole moving and he comes down and puts himself between me and my car,” she said. After the two moments, the 77-year-old decided to file a restraining order, to ensure her safety and protection.

These statements to KOAT and statements she has given prior and then yesterday to radio personality Anthony Lucero of KALH radio raise questions as to the timing of events, were they as aggressive as perceived, or were they just an exercise of free speech?

Free speech can sometimes be intimidating when on the receiving end as a public servant. But unless an actual threat has been made it is hard to define what is meant as rhetoric and what is an actual threat to a public servant.

The restraining order was filed prior to the incident on horseback. There seems to be conflicting dialog and conflicting interpretations as to what occurred via the horseback incident.

Ms. Dubois did a post on November 12th that described the incident and then the description to Anthony Lucero at KALH and the description of that incident to KOAT television News seems to differ a bit.

To KALH she mentioned a deputy sheriff asked her where she was parked and agreed to walk her to her car. She then said during the interview with Mr. Lucero that “the deputy was present when Mr. Griffin appeared from behind a parked firetruck on horseback and on the public street. She claimed to Mr. Lucero in an interview yesterday that the deputy, “only went so far with me and I ended up going to the car by myself.“

Did Ms. Dubois feel intimidated, one could certainly see how she could feel intimidated by Mr. Griffin, but the question posed is was her safety at risk? It’s hard to imagine a deputy sheriff would have exposed Ms. Dubois to harm due to the personal liability and the liability to the department. Further based on experience with law enforcement in Otero County most are very responsible, professional and take their oath of office to ensure public safety seriously. I recently personally had an incident on the street with a gentleman that threatened me, the deputy at the courthouse was very protective of me and ensured my public safety from the threat. Based on my experience with the Otero County Sheriff’s Department and with the local Alamogordo Police Department it seems at odds that a sworn officer would allow Ms. Dubois to be at risk.

Even at the crazed County Commission meeting of November 10th, 2022, at 1:15.43 of the video one can witness Sherrif Black removing the microphone from Mr. Griffin and ordering the room vacated to calm the room. The Chairwoman ordered the room closed for 15 minutes for a cooling off period.

While the tone of the conversation was not “civil dialog” and was harsh and aggressive in tone, one is hard pressed to see a threat of harm to those seated on the commission dais.

Ms. Dubois via her filing for the restraining order claims, “I am an elderly woman who feels she has no protection from law enforcement.”

While her assertion that “Mr. Griffin shows a great deal of anger towards the party” she belongs is factual, the assertion that she feels she has no protection from law enforcement seems counter intuitive to the culture of law enforcement.

The filing of a restraining order is a serious action by a public official on a constituent.

The issue locally is such a hot potato that local judges recused themselves from presiding over the hearing scheduled for December 5th, 2022. The state Supreme Court appointed the Honorable Shannon Murdock to preside.

Judge Murdock has an interesting job in hearing this case. Not often does a public official file a restraining order on a member of the public due to public comments.

There is precedent in California for such a case…

Can a city restrict the conduct of a self-described civic-minded individual, with a history of flamboyant speech and dramatic behavior in his communications with the city, without running afoul of free speech rights?

In City of San Jose v. William Garbett, filed on November 24, 2010, the Sixth Appellate District Court of Appeal says yes, when the conduct meets the conditions for an injunction under Code of Civil Procedure section 527.8.

Section 527.8, also known as the Workplace Violence Safety Act, allows any employer to seek a temporary restraining order and injunction on behalf of an employee who “has suffered unlawful violence or a credible threat of violence from any individual” at the workplace. For purposes of the statute, a city is an “employer.” (Code Civ. Proc. § 527.8(d).) “Unlawful violence” is defined as “any assault or battery or stalking as prohibited in Section 646.9 of the Penal Code, …” (§ 527.8(b)(1).)

“Credible threat of violence” is defined as “a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose.” (§ 527.8(b)(2).)

To obtain an injunction, an employer must establish, by clear and convincing evidence, not only that the defendant engaged in unlawful conduct within the meaning of the statute, but also that great or irreparable harm would result to the employee if the injunction were not issued due to the reasonable probability unlawful violence will occur in the future. (Code Civ. Proc. § 527.8(f); Scripps Health v. Marin (1999) 72 Cal.App.4th 324, 335.)

Interestingly in the case it was not the elected or appointed individual seeking the restraining order but the city applying for the restraining order to protect its paid personnel. In the case of Ms. Dubois, she is paid by Otero County thus the county is the one that is tasked with workplace protection.

In Garbett, the City of San Jose sought 14 injunctions (and temporary restraining orders) on behalf of the city’s deputy city clerk, the mayor and city council. The city submitted evidence that the appellant, William Garbett, age 70, had a long history of grievances with the city going back many years, and that the appellant made a “credible threat of violence” toward a deputy city clerk, and other city employees under section 527.8(b)(2). In addition to evidence that the appellant regularly visited the city clerk’s office and attended city council meetings, expressed fanciful ideas, appeared agitated or angry or resentful toward the city, and had inappropriate verbal or physical outbursts, there was additional evidence that this antagonism escalated. Specifically, there was evidence that the appellant threatened a deputy city clerk by stating that his only recourse to change policy in San Jose was to act similar to that of one angry man in Kirkwood, Missouri, who a few months prior had shot and killed several people at Kirkwood City Hall. The deputy clerk, who understood the reference, reportedly felt threatened and feared for her safety and the safety of the mayor and city council. After she reported the event, the city searched the appellant when he attempted to enter council chambers and implemented extra monitoring procedures or security measures.

The trial judge granted the city’s initial requests for interim restraining orders. Following an evidentiary hearing – which included the testimony of several witnesses who had previous interactions with the appellant and two expert witnesses – the trial judge also issued 14 injunctions restricting the conduct of the appellant toward the deputy city clerk, mayor, and council.

Each injunction included orders requiring the appellant to stay 300 yards from the protected individuals and City Hall. The injunction also included specified exceptions which would allow appellant to attend public City Council. Those exceptions included requiring appellant to enter City Hall through a specified entrance, be subject to a search before entering the City Council chambers, sit in a specific row, use a particular stairway during meetings, and communicate with the City Clerk’s office by mail or proxy.

Appellant sought review of the injunctions contending, in part, that the orders restricting his conduct and movements violated his rights to free speech under the First Amendment to the United States Constitution and the California Constitution and represented the city’s attempt to “curtail what amounts to annoying behavior.”

The Court of Appeal affirmed all 14 injunctions including the restrictions on the appellant’s movements. The Court disagreed with the appellant’s First Amendment arguments, relying on California Supreme Court precedent establishing the right of the state to penalize willful threats to perform illegal acts, even those consisting of pure speech. In re M.S. (1995) 10 Cal.4th 698, 710.) The Court also found substantial evidence to support the court’s factual findings on the requisite elements of section 527.8, namely that the appellant had expressed a credible threat of violence toward city employees that was not constitutionally protected speech; that this conduct caused the city employees to experience fear; and a likelihood of future harm.

When the appellant protested that he did not intend to threaten anyone, the Court dismissed this argument, concluding that the defendant’s subjective intent is not required for the conduct to be deemed a credible threat under the current definition found in section 527.8(b)(2).

Appellant further challenged the injunctions on overbreadth grounds, taking issue with the limitations on his access to the City Hall building and his movements within the council chambers. The Court nevertheless upheld these restrictions, deferring to the trial judge’s view of the evidence and factual findings on the requisite elements of section 527.8, and the lower court’s considerable discretion to fashion orders aimed at preventing harm of the nature suggested by the threats.

The Garbett case establishes good law for public entities which seek to curtail repeat offenders or conduct that escalates or develops into what has been classified as more than merely annoying or unprotected speech.

The question in the case of Ms. Dubois verses Couy Griffin, does this case escalate to the level that requires such action? Did Ms. Dubois ask the County Attorney for assistance and protection?

Based on court precedent should the county be filing on behalf of Ms. Dubois or is she correct in filing a restraining order on her own?

As usual, this will be another interesting case that will draw much attention of the media both locally and on the national level. The judge in the case is in a no-win position, as whatever the outcome, there will be an outcry of criticism. Depending upon the ruling, this is yet another case, that could end up in appeal and continue to drive negative headlines to Otero County New Mexico.

Sadly, this again is another black eye to the reputation of Otero County and Alamogordo and does not show the best and the brightest of the region. This is another incident that makes the region look like the wild west verses an area of sophistication and a place that is conducive as a good business environment.

When a public official files a restraining order for public comments is that a dangerous precedent to free speech?

Based upon the case outlined above the answer is complicated at best, as the erratic individual was able to continue in his quest of expression but was required to comply with additional security measures to ensure the safety of public servants.

Otero County politics is always entertaining as we have said before. In the new year may we get past entertainment and move to a zone of civility and good governance for the good of the public.

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AlamogordoTownNews.com: Couy Griffin Files an Appeal of his Ban from Public Office & Other Pending Cases Update

Couy Griffin, ousted Otero County Commissioner is by far the most prolific of local leaders to gain national attention.  He raised his profile to the national stage in creating “Cowboys of Trump” and a fire and brimstone style of ideological propaganda that the masses embraced for a period of time. Now they appear to be tiring of the rhetoric and the negative press. 

His base however continues to rally around his fight against “Santa Fe” and the “left” as witnessed by his most recent fundraising appeal which has raised $16,541 of a goal of $50,000.

From his pulpit of the Otero County Commission, he led a variety of conversations and debate, from participation in the alleged insurrection, to being an election results denier. 

Mr. Griffin gained national notoriety and took that notoriety onto the speaking circuits. His brand has been used by higher profile personalities around the nation who have profited off of his trials and tribulations to the toon of thousands of dollars.  Yet he is forced to defend himself in the judicial process.

Couy Griffin on Tuesday notified the high court of his intent to appeal. The ruling against Griffin this month from a Santa Fe-based District Court was the first to remove or bar an elected official from office in connection with the attack on the U.S. Capitol building that disrupted Congress as it was trying to certify President Joe Biden’s 2020 electoral victory.

Griffin was previously convicted in federal court of a misdemeanor for entering the Capitol grounds on Jan. 6, without going inside the building. He was sentenced to 14 days and given credit for time served.

Griffin has invoked free speech guarantees in his defense and says his banishment from public office disenfranchises his political constituents in Otero County.

He was barred from office under provisions of the 14th Amendment to the U.S. Constitution, which holds that anyone who has taken an oath to uphold the Constitution can be barred from office for engaging in insurrection or rebellion. The provisions were put in place shortly after the Civil War.

A flurry of similar lawsuits around the country are seeking to use the provision to punish politicians who took part in Jan. 6.

Griffin says he continues to act as his own legal counsel in the case.

“Honestly I have felt very abandoned by many,” Griffin said.

Conservative activists aligned with Griffin have urged supporters to file disciplinary complaints against the judge who barred Griffin from office.

Other cases of removal have been filed around the US for individuals that supported the events of January 6th, 2022. Mr. Griffin is the only one thus far that had a conviction related directly to activities of that day. 

The case may eventually carry forward to the US Supreme Court. Mr. Griffin’s name is nothing new to a case that may eventually come to the Supreme Court as he U.S. Supreme Court was asked to consider, via a writ of certiorari, whether a New Mexico Court of Appeals judge erred when he overturned a decision denying Couy Griffin qualified immunity in a first amendment case.

Griffin, as the Otero County Commissioner for District 2 at the time, in 2019 blocked Jeff Swanson, the Democratic Party of Otero County chairman, from his Facebook page after Swanson posted comments critical of Griffin’s performance as a commissioner.

Swanson sued Griffin and Otero County Records Custodian Sylvia Tillbrook alleging that since Griffin’s Facebook page was a public forum, that Griffin had violated the First Amendment by engaging in viewpoint discrimination. Viewpoint discrimination is when a government or a governmental entity restricts speech on a given subject matter.

The case was filed in the New Mexico 12th Judicial District Court. When the case was removed to federal court, Griffin’s motion to dismiss the case citing qualified immunity was denied.

He appealed the case to the 10th Circuit Court of Appeals where the decision was reversed. The Court of Appeals’ opinion stated the lower court relied on “on out-of-circuit authority” in its decision.

“We reverse. The Supreme Court has repeatedly instructed lower courts not to define rights at a high level of generality when considering a qualified immunity defense,” the 10th Circuit Court of Appeals decision states.

Swanson petitioned the U.S. Supreme Court for a writ of certiorari which is “issued in order that the court issuing the writ may inspect the proceedings and determine whether there have been any irregularities,” according to Barron’s Law Dictionary.

The question Swanson and his attorney A. Blair Dunn are putting to the U.S. Supreme Court is “Did the 10th Circuit err in reversing the decision of the District Court that Commissioner Couy Griffin was not entitled to qualified immunity after the Circuit recognized that Commissioner Griffin had engaged in viewpoint discrimination to exclude Mr. Swanson from his open to the public Facebook page where he openly discussed the public’s business that he was elected to attend to?”

The details of that filing are found at 

https://www.supremecourt.gov/DocketPDF/21/21-1502/226363/20220526150143…

And in other lawsuits pending against Griffin:

Per coverage from the Alamogordo News in a story by Nicole Maxwell…

“The criminal case against former Otero County commissioner Couy Griffin, 47, of Tularosa, for allegedly failing to file Cowboys for Trump as a political action committee was scheduled to begin September 19 and was pushed back to December.

In a motion filed by Griffin’s attorney, Jonathan C. Miller, Miller noted a family emergency which would preclude him from being available for the preset date. According to court records, Miller’s mother is terminally ill.

Per 12th Judicial Judge Douglas Driggers, the case is to be reset no sooner than December 2022.

The criminal complaint filed by New Mexico Attorney General Hector Balderas on March 18 states that between Jan. 15, 2020 and March 18, 2022, Griffin “willfully and knowingly” violated provisions of the Campaign Reporting Act by disregarding orders to register as a political action committee with the New Mexico Secretary of State’s Office, file finance reports and pay $7,800 in accumulated fines by the March 18, 2022 deadline.

Griffin pleaded not guilty to the charges during an April 1 arraignment. This case will more than likely be go to jury trial in December.”

Thus, the impact of Mr. Griffin’s term of office will continue to be under review in the judiciary at a variety of levels, for quite some time it would appear.

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AlamogordoTownNews.com Judge Orders Couy Griffin Removed From Office Couy Griffin Comments

District Court Judge Francis Mathew issued a ruling Tuesday that permanently prohibits Griffin from holding or seeking local or federal office.

In his ruling on the case, Mathews contended that Griffin was not eligible to hold office because of his participation in the Jan. 6, 2021 Capitol riots.

(Griffin) became constitutionally disqualified from federal and state positions specified (under the U.S. Constitution’s 14th Amendment, Section 3) and forfeited his current office as Otero County Commissioner effective Jan. 6, 2021,” Mathew’s ruling states. “Griffin shall be removed from his position as an Otero County Commissioner effective immediately.”

We reached to Couy Griffin for comment and his response was: “It’s a great example of the type of tyranny in America today. The people in my district have already spoken thru a failed recall waged against me after Jan 6. But since that didn’t work, now I guess they have succeeded thru the civil courts and a liberal judge in a liberal county.”  Mr. Griffin in sound bites sounds deflated, understandably, via the intensity of the last year. 

The ruling is the first time that an elected official has been removed from office as a result of their participation or support for the January 6, 2021, riot. This is also the first time a judge has formally ruled that the events of January 6 were an “insurrection.”

The Courts decision is located:

https://www.citizensforethics.org/wp-content/uploads/2022/09/D101CV2022…

Judge Francis Mathew gave a multiple page explanation of his ruling basically saying Mr. Griffins defense was inconsistent and that his involvement with Cowboys for Trump in partnership with Stop the Steal played a pivotal role in the ruling because of its “mobilization efforts” leading up to the events of January 6th. The judge claimed that Mr. Griffins “attempts to sanitize the events” of January 6th and his other actions were “without merit and contrary to the evidence produced.”

We have reached to the Republican Chairman of Otero County and the Democratic Chairman for comment and have not received one at this time.

This is a developing story and further updates will be added as more details of the county response come to bare and that of other impacted government bodies.

Mr. Griffins position is up for election in November with favored Republican Amy Barela facing off against Democrat Stephanie DuBois.

This is a developing story and further updates will be added as more details of the county response come to bare and that of other impacted government bodies and a link to live interviews from Anthony Lucero with impacted parties in a special story to be released later today from KALH.

Stay tuned…
12:04 pm update 

Republican Chairman Joshua Beasley said he will review the ruling and submit comments later today. 

Statement from Democratic Party Chairman of Otero County:

Yes…”We will support and defend the Constitutions of New Mexico and the United States of America ensuring free, fair, and accurate elections for our citizens. Those who disrupt elections, intimidate voters, engage in insurrections and seditious conspiracy behaviors, will be held accountable by Democrats. Americans can count on us!

We look forward to serving with those Republicans, Libertarians, Independents, Declined to State, and other voters who are also true patriots. 


We await and encourage any virtuous Republicans to forthrightly take control of their party here, and put forth a far better quality of candidates, who can really work with ALL citizens to better our citizens, lands, and infrastructure.

Otero County is on the cusp of tremendous opportunities for growth and economic thriving. Far too many Republicans here, like Couy Griffin, get elected and prove to be distractions. We need a strong and vibrant Republican party here. We need an overhauled one!

High time for those true patriots and economically savvy Republicans to take charge of their party. Stop the squander!”

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AlamogordoTownNews.com Day Two Recap of Trial to Remove Cowboys for Trump Founder/Otero County Commissioner Couy Griffin

Day two of the trail to remove Cowboys for Trump Founder and Otero County New Mexico Commissioner Couy Griffin from office proceeded today into a second day of expert testimony on why he qualifies for removal as per Section 3 of the 14th amendment and participation in a rebellion or insurrection against the government of the United States and the peaceful transition of power of the presidency.

Text of the amendment:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Interpretation is that no person can be a Senator, Representative, Elector or officer of the United States — or United States military officer, or member of a State Legislature, or a Governor, or a judge of any State — if they took an oath to support the Constitution and then took part in a rebellion against the United States or gave aid and comfort to the enemies of the United States. But Congress can change this with two ­thirds vote.

A History Lesson of how Republicans enacted the 14th Amendment Section 3:

This is a section of the constitution that dealt directly with the aftermath of the Civil War, section 3 of the 14th Amendment prohibits those who had “engaged in insurrection or rebellion against the same [United States] or given aid or comfort to the enemies thereof” from serving in the government. It was designed to keep the governments free of those who had broken the country apart. However, its effect wound up being relatively minor, that is until this trial. 

Due to the obscure cases around the use of this amendment this may make an interesting case that could go all the way to the US Supreme Court as a precedent setting case. 

Section 3 of the 14th amendment has been called “the most forgotten provision of the forgotten Fourteenth Amendment.” Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act.

Interesting fact is the amendment was drafted by Republican members of the Thirty-Ninth Congress.

Republicans when setting out the conditions for restoring former confederate states to the Union demanded, in rough order of priority, a constitutional change in the basis of apportionment (Section 2), constitutional provisions respecting the state and federal debt (Section 4), constitutional or statutory provisions limiting confederate participation in politics (Section 3), constitutional or statutory provisions protecting the rights of former slaves and white Unionists (Section 1), and a constitutional ban on secession that did not become part of the final Fourteenth Amendment.

The first version of Section 3 was born in chaos. On Wednesday, April 25, 1866, the Joint Committee on Reconstruction reached agreement on an omnibus Fourteenth Amendment. The centerpiece of that text was the provision mandating black suffrage by 1876. The Republicans on that committee immediately learned from their peers that this provision would not fly. Desperate to produce an amendment by Monday, April 30 the Joint Committee hastily cobbled together a new omnibus draft on Saturday, April 28. The centerpiece of that text was Section 2, which the Republican members of the committee thought would induce former confederate states to accept black suffrage by reducing state representation in the House of Representatives and Electoral College in proportion to disenfranchised males over 21. Section 2 of the new omnibus text could not be implemented until after the next census. To ensure loyal control of state governments until that time, the Joint Committee added Section 3, which disenfranchised until July 4, 1870, all persons who gave “aid and comfort” to the rebellion.

The second version of Section 3 was reared in secret. The Joint Committee’s Section 3 engendered substantial debate among Republicans in Congress. Republicans disputed how that provision would be implemented and whether that provision would be effective. In mid-May Republican Senators held a three-day caucus to resolve disputes over Section 3 (and Section 2). We know the subjects of that caucus (largely Section 3), but not the details of what was said. No one leaked then or later in memoirs. 

When that caucus ended, Senator Jacob Howard of Michigan proposed, with a few tweaks, the Section 3 we have today.

That Section 3 replaced temporary disenfranchisement with a permanent officeholding ban (both federal and state) while limiting the subjects of the ban to persons who, holding certain offices, had previously taken an oath to support the Constitution. Republicans fell in line immediately. Party members responded to Democratic criticisms but did not discuss the meaning of the Republican Senate Caucus’s Section 3 or how to best implement that provision.

Republicans assumed the constitutional problems the Fourteenth Amendment was meant to solve would largely vanish once either white Unionists or a biracial coalition of white Unionists and former slaves controlled southern governments and sent loyal representatives to Congress. Section 3 would, of course, apply to any future insurrection. Nevertheless, Republicans were focused almost exclusively on preventing confederates from regaining power. They did not concern themselves with what might constitute a future insurrection once the slave power had been permanently interred.

Yet here we are today…

Yet here we are today, in a court case that’s roots are spun from the American Civil War, in a battle to define what is an act of rebellion or insurrection and to answer the question of should a local county commissioner from a small poor county in New Mexico be removed from office for participation in what most have defined as an act of rebellion against the transition of power from former President Trump to President Biden. 

Should Couy Griffin, an Otero County Commissioner be removed from office and barred from ever holding office again per article 14 Section 3?

The plaintiffs today, called law professor and expert on the 14th amendment, Dr. Mark Graber, to the stand to outline the definition of treason and an insurrection under the amendment, and how Griffin’s actions play into that.

Griffin: In your own opinion, is that a violation of my oath?

Dr. Graber: “Yes. Again, let’s go through the elements. You were acting in concert with other people, you marched with them, that’s what the tapes clearly show. You had a purpose, to prevent the certification of Joe Biden to be president.”

Dr. Graber investigated the insurrection and Griffin’s role in it. Under oath, he shared his three big findings: January 6, 2021 was an insurrection, people responsible for writing Section Three of the 14th amendment back in the 1800s would say it applies to county commissioners, and that they would view Griffin’s actions on July 6th as participating in insurrection.

Griffin, who is representing himself, argued he went to Washington D.C. that day as a private citizen and not in an official capacity. 

Like Monday, Judge Francis Mathew had to step in to keep proceedings on track.

Griffin: Your honor…the witness doesn’t need to be trying to put what I was thinking and what I was doing, this is my time with the witness and what I was doing there.

Judge Mathew: He’s answering your question.

Griffin: He’s making accusations all the same.

Next on the stand was Dr. Rachel Kleinfeld, an expert on political violence who also helped the select House committee investigate the insurrection. She testified that Griffin was an insurrectionist.

In cross-examination, Griffin said that was her opinion.

Toward the end of the day the dialog would make Griffin appear defeated. He mentioned maybe he should have had witnesses for his side. In the end the judge will decide. Today marked the end of testimony. Hundreds of pages of expert witness findings and cross examination that were humorous at time considering the seriousness of the charges and the potential precedent of this trial.

The closing arguments are not verbal but are to be submitted to the judge by August 29th. The judge is said he will rule within 10 days of receipt of those closing arguments.

Prologue:

The most bizarre twist of this whole affair is that an alleged staunch Republican, Commissioner Couy Griffin, has the potential of being removed from office, by an obscure piece of the constitution, that dates back to the civil war, sponsored by Republicans, to protect the United States Government from Confederate leaning elected officials from serving in office. 

The joke on us, in poor, played, Otero County, New Mexico is that the average Joe American is footing much expense with this whole judicial affair; it is game of brinksmanship on constitutional theory, that could impact the lowest to highest levels of power in this nation.  

Mr. Griffin and those that filed the lawsuit are all pawns in a game of constitutional theory being played out in what could evolve into a big-league US Supreme Court, precedent setting case that could impact the political landscape of this nation for decades at every level – city, county, state and national. 

This case getting national attention and being defended by a lone commissioner without an attorney is the big leagues, playing the little guy, into shaping the Republican Party to Retake Republicanism or to allow it to continue its present course, thus allowing an evolution, of power to fill the vacuum of discontent in a way we nor our founding fathers ever would have imagined.

Some say pray for America, others say Retake Republicanism, I suggest being diligent, vote, participate and educate oneself with constitutional facts verses the false narratives, get back to civics education, actually read and understand the constitution, then diligently look at those elected and ask yourself, “does he or she actually represent the values and intent of the founding fathers and that of the constitution for which we are all sworn?” 

Let’s put ego aside and reengage in the art of compromise and citizenship and respect for one another. 

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I’m interested

Our Responsibility for the Soul of the GOP

Republican Party at a Crossroads

The struggle for the heart soul and the future of the Republican party is real and is divisive. The Republican party is at one of its most difficult crossroads since its founding. Two factions are fighting for control of the party and its future. Some question rather the party has a future based on its present trajectory given the demographic shifts taking place in the US and the radicalization of Trump loyalist that have controlled the direction of the party the last 4 years.

But four years after winning the presidency, Trump and Republicans are now on the outside looking in, having lost control of the House, the Senate, and the White House. A fight to define the future of the Republican Party is playing out among a small, but influential, group of Republicans, even as Trump remains central to the party and to its identity. He keeps trying to assert his influence, but it is waning as time passes from his presidency.

The heart and soul of the party is in conflict by the two competing sets of ideology – Trumpian ideology and true conservatism. Groups and old guard party leaders like the Bushes, Cheney’s, McCains, the Lincoln Group, George Will, and others represent the old guard conservatives. What those on the outside and within are viewing is a war for the go forward path for the party.

That infighting is a war that is very visible to the outside world, and many believe the Trumpian ideologists are winning the war. Are they?

At first peak it would appear they are as they are loud, radicalized, utilizing visuals and demonstrations in radical formats, and gaining media attention. What is being fought is a war of ideology, but the tactics are changed from ideological wars of the past.

To an outsider it would appear the old guard is fighting the war using 19th Century ideals and wanting to fight a gentleman’s war verses the Trump ideologs fighting with guerilla tactics. To an outsider is almost appears and has been compared to the American Revolution.

The old guard British fought at the beginning of the Revolutionary War, using the standard tactics of war used on the battlefields of Europe.  This called for large formations of men to be lined up three deep.  They engaged the enemy in open fields and exchanged fire.  Part of the British strategy required the use of certain battlefield weapons.  The most used weapon for a British soldier during the war was consisted of Brown Bess (75 caliber 3/4 of an inch in diameter), cannons, and bayonets.

The tactics of the British were not designed to shoot down the enemy until retreat, but to break up the organized lines so your side could then march forward, in an organized and linear fashion, and charge with the bayonet. A disorganized unit cannot stand against an organized bayonet charge.

The war for the soul of the Republican party by the old guard some would argue is a fight like the British colonial fight. They are using old school tactics and trying to fight a gentlemanly war for the ideology of the Republican party.

On the other hand, we see the Trump ideologs. They are fighting the public relations war verbally, loud and in an obnoxious and rambunctious format some would say they are fighting using guerilla war tactics.

Francis Marion, otherwise known as Swamp Fox, was a Revolutionary officer during the Revolution. He is well known today as the Father of Guerrilla Warfare for introducing and bringing guerrilla fighting tactics into the war.

 The British had a much greater advantage in terms of weapons, abilities, and numbers. Militias had no change against them with their lack of supplies and military experience. However, commander Francis Marion changed that by planning secret guerrilla attacks against the British. While the British troops had supplies, strength, and order, the American rebels compensated with their creativity and wits. Compared to large, fully armed armies, guerrilla groups are generally small packs of fighters. They are not equipped with any uniforms, weapons, or other useful resources; instead, they scavenge for whatever weapons they can find. They use the land around them for resources like food and shelter, whereas professional soldiers are provided with all these necessities.

The traditional fighting tactics of the time meant meeting the enemy in open field ready to battle. Marion and his men, however, knew they could not do this because they would not stand a chance against such well trained and equipped soldiers. Marion took a different approach and fought his enemy using stealth and secrecy. The British never expected these attacks because it went against the unwritten rules of war. Secret ambushes were not something anyone during the war could expect. For this reason, guerrillas could do a lot of damage to their enemy. And because the groups were always moving, it was exceedingly difficult for the enemy to catch them.

Some say that Donald Trump and his team are the guerrilla fighters in the war for the ideology of the Republican party. His team and his followers have become the master of disruption and manipulation. They learned to make up facts and to craft and spin a story on social media and if it is repeated loudly and enough then it becomes the storyline and assumed as factual by the masses.

From a romanticization of history and the ideals of the founding of the republic one would think at first glance that the guerilla methodology will win the war, and that the fight they are fighting, is just and noble, but broad public opinion is turning against the cause. The more silent majority is tiring of the hysteria, conspiracies, and lack of intellectual dialog.

An underestimated element, within the ideological fight for the soul, and go forward path of the Republican party is what most political scientists and polished politicians know, that is the party has within it the “silent majority.” What is the silent majority?

The headlines in the ideological fight for the party are crafted by those that scream loud, stage rallies, post crazed memes’, proclaiming extremist statements on Facebook, Twitter, and other platforms.

What is not always recognized is most of the party is made up of centrist, traditional conservatives, and independents.

During the presidential election cycle the mouthpiece of the party was the Trump ideologs.

Now, in the post Trump era that “silent majority” is becoming more and more uncomfortable with the divisive actions and speech and the nonsense of science deniers by this element as the true conservatives are working to claw their way back and save the party.

The Mitt Romney’s and Liz Cheney’s of the party are being portrayed by Trumpian ideologists as out of step with the party and out of step with the populist ideals the party represents. But are they?

The party is a party of with a history of conservative ideology. Few, of the Trump influenced leadership that now controls many of the nations’ central committees and the ideology of the party even understand the roots of the conservative movement or what true conservatism is.

Polling shows that Trump enthusiasts actually only represent fewer than 30% of register Republican voters, but their media presence makes it appear, they are the majority, versus the fact that there is a more silent responsible majority.

A history lesson on conservatism:

Conservatism is an aesthetic, cultural, social, and political philosophy, which seeks to promote and to preserve traditional social institutions. The Republican party has traditionally held the political views that favor free enterprise, private ownership, and socially traditional ideas.

At least that was until the Trump machine took the lead of the party. Now the fight that exists between the Trump ideology and true conservatism. But how did conservatism and its marriage to the Republican party begin?

In 1955, William F. Buckley, Jr., wrote that the purpose of his newly founded magazine National Review was to “stand athwart history yelling stop.” The phrase belongs to modern conservatism, which defies the dark, incoming tide of liberalism. Interestingly, only one of the conservative heroes mentioned in this essay, Edmund Burke (1729-1797), had the self-conscious idea that he was standing athwart the tides of history. That is one reason why he was the first truly modern conservative.

Burke looked at the French Revolution and realized that the tide of the times was flowing in the wrong direction. Before the Revolution, France had a brilliant culture and provided cultural leadership to the West. The Revolution inflicted such profound damage to the culture and social fabric of France that French society and culture never entirely recovered its former glory and brilliance. For those who cared about civilization and high culture, the French Revolution was a catastrophe.

Although Burke pronounced bitter anathemas on the French revolutionaries – who destroyed a culture in the name of abstract theory – he was sympathetic to the American Founding Fathers, who fought to preserve the rights of Englishmen. He used his influence as a member of parliament to promote conciliation with the American colonies.

When William F. Buckley burst onto the national scene in 1955, conservatism was a dead letter in American politics, as some would argue it is dying now, under the ideology of Trumpism trying to suppress it.

“Lots of people thought that it was outdated, anachronistic, prehistoric, foolish, not very intelligent,” Carl Bogus was once quoted on All Things Considered by host Guy Raz.

Bogus is the author of a biography, Buckley: William F. Buckley and the Rise of American Conservatism. He says that back in the 1950s and ’60s, there really was an established liberal elite in America, which controlled both political parties.

Buckley set out to change that. As a Yale graduate, he published a book called God and Man at Yale, which took the university to task for failing to promote Christianity and free market economics.

He collapsed in that book religion, economics and political ideology,” producing the mix of ideas we recognize today as conservatism: free-market capitalism, support for American military actions, libertarianism, and social conservatism.

“It was Buckley who made that coalition. He held within him all … of those beliefs. He was what today we call a neoconservative, a social conservative and a libertarian.”

Building on the prestige of his first two books, Buckley founded National Review in 1955. He staffed the journal with talented intellectuals. Buckley’s and National Review’s articulation of an intellectually coherent conservatism, as well as its sharp and often witty criticism of the eccentricities and intellectual laziness of the dominant liberalism of the era, soon earned it a large audience on the right as well as massive hostility from the left. By the end of the 1950s, National Review was easily the preeminent journalistic voice of conservatism and one not easily dismissed by liberals.

Buckley and The National Review acted as gatekeepers of conservatism, excluding those ideas and groups they considered extremist, nutty, or dangerous. Among those considered unworthy of inclusion in modern conservatism were anti-Semites, white supremacists, the extremist anti-communists of the John Birch Society, and Ayn Rand and her ideology of hyper-capitalism combined with hyper-atheism. Note each of those groups were embraced into Trumpian ideology of the modern era thus the clash of the old guard Republican Conservativism verses the Trumpian ideologs of today.

Within national Republican politics, Buckley supported the 1964 candidacy of Senator Barry Goldwater, first for the Republican Party nomination (successfully) and then in the general election for the presidency (unsuccessfully). Buckley was only mildly enthusiastic about Republican Richard Nixon, initially supporting his presidency in 1969 but breaking with it in 1971, over Nixon’s pursuit of detente with the Soviet Union and Communist China and his attempt to establish a government-funded national minimum income.  

(Note a government funded national minimum income is not a new Democratic nor Biden creation of socialism but was first introduced in concept by Republican President Richard Nixon.)

In 1973, Nixon appointed Buckley to the post of American delegate to the United Nations.

Buckley was an early backer of Ronald Reagan for the presidency, first in Reagan’s unsuccessful campaign for the Republican nomination in 1976 and then in his successful campaign for the nomination and the presidency in 1980. Buckley later wrote a book about his long friendship with Reagan: The Reagan I Knew (2008). Some view the Reagan presidency as the pinnacle of the conservative movement and that there has not been conservative leadership in this nation since and as such the Republican party has lost its way thus opening the door to Trumpian ideology due to it being a party that lost its way.

Regardless of what factions eventually take the leadership of the Republican party as it limps along to the 2022 mid-terms one this is for sure; Americans waiting for the Republican Party to return to “normal” by historical standards, waiting for “traditional” Republicans to be guided by the better angels of their nature, that party of yesterday is NOT going to happen. And if playing a waiting game to sit back watch and remain silent then that wait is going to be lengthy.

In his 2012 book “Coming Apart,” conservative sociologist Charles Murray portrays the white poor in terms he once reserved for African Americans, describing them as a socially disorganized, economically dependent, culturally deficient, and even genetically debased population. It is no coincidence that Trump’s strongest support comes from working-class Republicans who feel their whiteness no longer protects them and that is the honest root to Trumpian ideology.

What now for the GOP?

Per Joseph Lowndes, Associate Professor of Political Science, University of Oregon

“In every polarized era, one or two key problems become the lens through which all others are viewed. In this Second Gilded Age, these are perhaps the twinned issues of excessive wealth and economic abandonment. Yet unlike the leaders of past populist revolts however, Trump seems less a champion of working people than a figure who confirms their debased status. Having titled his campaign memoir Crippled America, the then candidate reveled in such terms as “disgust,” “weakness,” “losing,” and “pathetic.” And of course he was the star of a reality show whose tag line was “You’re fired.”

Trump’s followers respond less to appeals to their value as producers, which in a financialized economy seems nostalgic anyway, than to brutal rage against immigrants and Muslims, who along with establishment elites are seen as the authors of their misery.

Delegitimizing elections, authoritarianism, cult of personality, white supremacy, destroying trusted institutions, ignoring the Constitution, flouting the rule of law. That is Trumpism. That is the Republican Party at present but several do hold out hope that the silent majority has about had enough from the 30% that Trump has indoctrinated and that the middle, the true conservatives the real American Patriots that get up every day go to work, raise a diverse and respectful family that those diverse patriots of the silent majority will again rise up and say, enough is enough and reassert their base of power.

Most Americans are now decades into an era of stagnant or declining wages. A Princeton study on rising morbidity and mortality rates among non-college-educated whites is merely one indicator of the physical and psychic costs of this abandonment. Yet these white middle and working-class Americans who are getting left behind are dismissed by conservative elites and thus the divide of the Republican party that allowed the opportunity for Trumpism it exist and thrive. And thrive it does primarily in rural and poor or depressed areas. Alamogordo, Mexico peaked in the 1960s and early 70’s due to the investments and technologies in Space and missile defense. Since then, it has slipped and is just of hundreds of examples of towns that were once centers of innovation, science and technology and now are strongholds of Trumpian ideology despite its progressive history.

Time and circumstance can yet move Republicans in new directions. Demographics could shift the GOP to the wayside. Time and demographic trends favor the Democrats over the next decade. But rejuvenating the party will depend on examples of leadership, vision and a base ready to reembrace conservatism’s highest ideals. There are groups trying to mobilize those conservative ideals of a proud party that represents the big tent of George Bush Jr. and the optimism of Ronald Reagan. Groups such as the Lincoln Group, Retake Republicanism and others are fighting for the soul of a GOP to ensure that demographics and extreme ideology of Trumpism to not move it to irrelevance over the next 2 decades.

In 2016, the renowned sociologist Arlie Hochschild, whose book “Strangers in Their Own Land: Anger and Mourning on the American Right” documented her journey deep into conservative country, Louisiana, and said that a key to understanding the tea party and later Trump voters was that many felt “dishonored” and “disrespected” by those in power. They saw in Trump a warrior to battle on their behalf, someone who would bring a gun to a cultural knife fight.

But Trump’s most profound imprint on the Republican Party is in effect, in disposition, in temperament. Republicans, time and again, accommodated themselves to Trump’s corruptions; as a result, they became complicit in them. By the end of the Trump administration much of the Republican Party was animated by cultural and class resentments, gripped by fear and implicated in Trump’s brand of politics.

In some cases, Republicans have been led down strange and dark paths. For example, nearly 30% of Republicans believe the fantastical claims by QAnon that “Donald Trump has been secretly fighting a group of child sex traffickers that include prominent Democrats and Hollywood elites.” It is no surprise that with the help of powerful Republicans like Jim Jordan, Marjorie Taylor Greene, a far-right conspiracy theorist, was elected to the House of Representatives.

“They just legitimized a person that used tactics I would say 10 years ago, even five years ago, would have been abhorrent to the Republican Party,” Elizabeth Neumann, a former assistant secretary in the Department of Homeland Security in the Trump administration, observed. “But … they know they can’t condemn that behavior because they know the base loves it.”

The danger for the GOP is that those who hope to succeed Trump could lead the party into even more appalling places, since there are indications from focus groups that post-2020 election, a sizable group of Trump voters are more inclined to embrace conspiracy theories and they are becoming more, not less, extreme.

Importantly, there are several influential figures within the Republican Party who are determined to see the GOP move beyond Trump, and they have this argument on their side: The Republican Party at the national level has been shut out of power after a single Trump term. Today Democrats enjoy a rare double-digit lead over Republicans in party favorable ratings, and a recent Gallup poll found the largest Democratic lead in party affiliation over Republicans in nearly a decade (49% compared to 40%).

Alamogordo New Mexico and Every Depressed Community in America…

The road forward for the GOP starts with leaders and voters who show integrity, act courageously, and speak words of truth in the face of political mediocrity. Guerilla Warfare does not win political wars, it just causes dissention in the hive. Old school debate, and local activism changes the hearts and minds of neighbors with responsible dialog. It starts with us holding local political leaders accountable. Does Couy Griffin serve the best interest as a commissioner for Otero County or is there someone who has leadership, vision, and courage. Is Evette Herrell effective or will she grow into the position beyond Trumpian ideology and represent the diversity that is New Mexico? Do local commissioners have vision to build a diverse economy and expand upon local tourism and cultural opportunities within Alamogordo and Southern New Mexico? Is the Republican Party in rural America capable of embracing a solutions-based platform and lead the people or does it want to rest on its laurels and play victim? The answers to what is next for the Republican party will NOT begin in Washington, nor in a think tank in New York or at Harvard or Princeton. What is next for the Republican party begins here and now with you, me, and every concerned citizen at the local and state level and with that participation and leadership then the national party will fall in line.

The GOP was once a great party of great ideals. It still can be again, if it turns away from the ideology of white victimhood and accepts its role as a leader of a diverse multi-cultural country where every person is valued regardless of skin color, nation of origin, education level, sexual orientation and the party embraces its responsibility to plan, lead and not always do what is easy for now but what is right for future generations.

The party must turn away from the corruption of money and greed and join the effort to lead on term limits, responsible investment in infrastructure, jobs and education and turn away from social issues and yet again engage on issues of strength and fiscal power.

 As a citizen are you up to the challenge of sacrifice today to show leadership for tomorrow? Republican conservatism calls for you to place the good of those around you above your personal comfort. The greatest generation did it during WWII now can you step up to the plate? Its on you to turn away ideology of ignorance and embrace the ideology of diversity, economic prosperity, and strength.

Sources: Bill of Rights Institute, Wikipedia, The National Review Archives, The Biography of Willam F Buckley, American Conservatism, Time, People, NPR, Firing Line, Duluth Tribune, The Conversation, The Desert News, Peter Wehner Ethics and Public Policy Center, The Washington Post, The Congressional Review, The White House Archives, Retake Republicanism.

Commentary by Author, Political Activist, Business Leader and Registered Republican Chris Edwards.

Chris Edwards New Mexico Bestselling Author and Executive Coach. Fitness, Sports History, Healthy Life Balance make up our core values. We focus on physical, mental, and spiritual fitness for a healthy lifestyle. We provide tips an offer A Social Perspective, Philosophy and participate in Political Activism for societal change as a Writer, Businessman, Lover of Life Experiences, Ambassador and Proponent of the Cultural Arts, Advocate in Exploring The Best In Humanity and the Celebration of Life Experience.

Author of the Coach Robert Sepulveda Book Series and the 90 Days to a Glass Half Full Lifestyle 2 Hours Unplugged series offered at fine independent book sellers and on amazon.com.

Small Town Republicanism Highjacked – Take Back Republicanism – a Commentary by Bay Area Author & Political Strategist: Chris Edwards

As Published in The Napa Valley Register 2/9/2021

“That’s another one of those Clinton murders,” Ms. Greene said, referring to John F. Kennedy Jr.’s death in a 1999 plane crash, suggesting that he had been assassinated because he was a potential rival to Hillary Clinton for a New York Senate seat.

Ms. Greene casually unfurled the cascade of dangerous untrue conspiracy theories in a video that was originally posted to YouTube in 2018. It provides a window into the warped worldview amplified by the freshman Republican congresswoman from Georgia…a conservative provocateur who has proudly brought the hard-right fringe to the Capitol…

The excerpt in The New York Times 1/29/2021, would normally seem foreign to Napa, sadly that is no longer the case.

What is the case, is these fringe conspiracy minded individuals are now out and proud. One outcome of Doris Gentry ‘s poorly executed run for mayor, is elements of the fringe backed her- out, loud and exposed themselves.

These individuals moved to the mainstream and highjacked Doris Gentry’s campaign messaging, with her blessing, until caught. She backpaddled and claimed, “not to have them in her rolodex,” yet she continues down the path with them looking like a fool in their grips, hook, line, and sinker.  Even after a resounding loss, she still propagates their messaging in social media with a recent homophobic post on Facebook. She posted on the now defunct Parlor, without remorse.

A former grand jury member, a restaurant owner and doll maker, a former homeland security employee and members of the right wing religious community all embraced her campaign, high jacked its messaging; and under its auspice brought the Proud Boys, Walk Away and extremists into the mainstream of Napa.


The Napa County GOP under the leadership of Chairman, Larry Green invited the public, “To See What The GOP Is All About” as reported in the Napa Register 6/13/2019 and hear Walk Away founder, Brandon Straka, spew propaganda. Since then Straka was arrested in connection with the Capitol assault. Indeed, this did prove what the, present, Napa GOP, is all about! It continued to support Doris Gentry after the revelations of her resume embellishments and the fact her Chocolate and Wine Charity Fundraiser only netted a profit of less than $200.00 on $56,000.00 raised. The GOP leaders doubled down – its leaders via social media posts and comments, attacked people that exposed Doris.

Doris launched her campaign with Ben Bergquam trying to legitimize their movement locally, all the while the press identified him as a Proud Boy. His Napa debut was at the launch fundraiser for Doris Gentry, as seen in multiple videos. This fine “patriot” was, also arrested, for harassment and trespassing on government property in Sacramento per The Hill 1-31-19.

The GOP party leadership still has not distanced itself from these extremists. It is being used as a platform of hate, and it’s time that the silent majority of rational, educated Republicans, take the party back.

Many within the communities of people of color and the LBGTQ community have witnessed this thuggery in Napa for decades only to be  told; “oh,  you are exaggerating, that is old Napa from decades ago, every city has issues, that’s not my Napa.


Well, the dirty little secret is, this is “our Napa” of the past and continues in the present. It has been swept under the carpet for too long.

Now we make the national headlines with Ian Benjamin Rogers arrest for bombs, machine guns and The LA Times Reports 1-28-21; “ A suspected far-right extremist and radicalized supporter of former President Trump facing federal explosives charges may have been targeting California Gov. Gavin Newsom and the San Francisco Bay Area headquarters of social media giants Twitter and Facebook, according to the FBI.”


This has got to stop; here, now, and today. The centrist of both parties need to purge radicalized individuals from their rolls.

The Republican party needs to take a hard look at itself. It was once a party of law and order, fiscal responsibility, constitutional principles, and patriotism. The party used to support the constitution. It once led, as an example, of constructive compromise, under constitutional and logical science based debate. Not any longer. It has been highjacked by radicalized, false, and conspiratorial ideology; that is self-serving, and does not represent constitutional law nor the views of the SILENT MAJORITY.


Until the Republican party can take a self-inventory, purge itself of this contagion and re-establish itself to its founding principles; it will decay upon itself, as a failed cause.

Today, the leaders of the Republican Party of Napa County need to stand up and retake true Republicanism, or the Central Committee and its leaders should be recalled, as should any Republican elected official that continues down these rabbit holes of conspiratorial fraud they are perpetuating onto this nation.

https://napavalleyregister.com/opinion/letters/republicans-need-to-take-a-long-hard-look-at-themselves/article_20724bdd-b78d-5582-9b17-85e92b883fb1.html

Softening of America A Commentary By John F Kennedy Revisited 60 Years Later 4/2/2021

While doing research on a book I am writing on a New Mexico Track and Field Coach Bob Robert Sepulveda I came across this amazing take on physical fitness by President JFK. Quite a different approach to what we see today. I wonder if we as citizens truly embraced what president Kennedy embraces below if the national crises Covid-19 would be so severe or would our diabetes and obesity issues be less and us a healthier and happier nation? Maybe the softening of America’s youth he refers to then is a wake up call for now to become more physically active and to embrace fitness…

On Dec. 26, 1960, President-elect John F. Kennedy penned a piece for Sports Illustrated touting the importance of “physical soundness” for Americans — for kids and grown-ups alike. A precursor to today’s America’s Great Outdoor Initiative, which encourages families to get outdoors, it hit the outdoor nail on the proverbial head. Read on to see The Soft American in its entirety…

The Soft American
By President-elect John F. Kennedy

Beginning more than 2,500 years ago, from all quarters of the Greek world men thronged every four years to the sacred grove of Olympia, under the shadow of Mount Cronus, to compete in the most famous athletic contests of history—the Olympian games.

During the contest a sacred truce was observed among all the states of Greece as the best athletes of the Western world competed in boxing and foot races, wrestling and chariot races for the wreath of wild olive which was the prize of victory. When the winners returned to their home cities to lay the Olympian crown in the chief temples they were greeted as heroes and received rich rewards. For the Greeks prized physical excellence and athletic skills among man’s greatest goals and among the prime foundations of a vigorous state.

Thus the same civilizations which produced some of our highest achievements of philosophy and drama, government and art, also gave us a belief in the importance of physical soundness which has become a part of Western tradition; from the mens sana in corpore sano of the Romans to the British belief that the playing fields of Eaton brought victory on the battlefields of Europe. This knowledge, the knowledge that the physical well-being of the citizen is an important foundation for the vigor and vitality of all the activities of the nation, is as old as Western civilization itself. But it is a knowledge which today, in American, we are in danger of forgetting.

The first indication of a decline in the physical strength and ability of young Americans became apparent among United States soldiers in the early stages of the Korean War. The second came when figures were released showing that almost one out of every two young American was being rejected by Selective Service as mentally, morally or physically unfit. But the most startling demonstration of the general physical decline of American youth came when Dr. Hans Kraus and Dr. Sonja Weber revealed the results of 15 years of research centering in the Posture Clinic of New York’s Columbia-Presbyterian Hospital—results of physical fitness tests given to 4,264 children in this country and 2,870 children in Austria, Italy and Switzerland.

The findings showed that despite our unparalleled standard of living, despite our good food and our many playgrounds, despite our emphasis on school athletics, American youth lagged far behind Europeans in physical fitness. Six tests for muscular strength and flexibility were given; 57.9% of the American children failed one or more of these tests, while only 8.7% of the European youngsters failed.

A Consistent Decline

Especially disheartening were the results of the five strength tests: 35.7% of American children failed one or more of these, while only 1.1% of the Europeans failed, and among Austrian and Swiss youth the rate of failure was as low as .5%.

As a result of the alarming Kraus-Weber findings President Eisenhower created a Council on Youth Fitness at the Cabinet level and appointed a Citizens Advisory Committee on the Fitness of American Youth, composed of prominent citizens interested in fitness. Over the past five years the physical fitness of American youth has been discussed in forums, by committees and in leading publications. A 10-point program for physical fitness has been publicized and promoted. Our schools have been urged to give increased attention to the physical well-being of their students. Yet there has been no noticeable improvement. Physical fitness tests conducted last year in Britain and Japan showed that the youth of those countries were considerably more fit than our own children. And the annual physical fitness tests for freshman at Yale University show a consistent decline in the prowess of young American; 51& of the class of 1951 passed the tests, 43% of the class of 1956 passed, and only 38%, a little more than a third, of the class of 1960 succeeded, in passing the not overly rigorous examination.

Of course, physical tests are not infallible. They can distort the true health picture. There are undoubtedly many American youths and adults whose physical fitness matches and exceeds the best of other lands.

But the harsh fact of the matter is that there is also an increasingly large number of young Americans who are neglecting their bodies—whose physical fitness is not what it should be—who are getting soft. And such softness on the part of individual citizens can help to strip and destroy the vitality of a nation.

For the physical vigor of our citizens is one of America’s most precious resources. If we waste and neglect this resource, if we allow it to dwindle and grow soft then we will destroy much of our ability to meet the great and vital challenges which confront our people. We will be unable to realize our full potential as a nation.

Throughout our history we have been challenged to armed conflict by nations which sought to destroy our independence or threatened our freedom. The young men of America have risen to those occasions, giving themselves freely to the rigors and hardships of warfare. But the stamina and strength which the defense of liberty requires are not the product of a few weeks’ basic training or a month’s conditioning. These only come from bodies which have been conditioned by a lifetime of participation in sports and interest in physical activity. Our struggles against aggressors throughout our history have been won on the playgrounds and corner lots and fields of America.

Thus, in a very real and immediate sense, our growing softness, our increasing lack of physical fitness, is a menace to our security.

However, we do not, like the ancient Spartans, wish to train the bodies of our youth to make them more effective warriors. It is our profound hope and expectation that Americans will never again have to expend their strength in armed conflict.

But physical fitness is as vital to the activities of peace as to those of war, especially when our success in those activities may well determine the future of freedom in the years to come. We face in the Soviet Union a powerful and implacable adversary determined to show the world that only the Communist system possesses the vigor and determination necessary to satisfy awakening aspirations for progress and the elimination of poverty and want. To meet the challenge of this enemy will require determination and will and effort on the part of all American. Only if our citizens are physically fit will they be fully capable of such an effort.

For physical fitness is not only one of the most important keys to a healthy body; it is the basis of dynamic and creative intellectual activity. The relationship between the soundness of the body and the activities of the mind is subtle and complex. Much is not yet understood. But we do know what the Greeks knew: that intelligence and skill can only function at the peak of their capacity when the body is healthy and strong; that hardy spirits and tough minds usually inhabit sound bodies.

In this sense, physical fitness is the basis of all the activities of our society. And if our bodies grow soft and inactive, if we fail to encourage physical development and prowess, we will undermine our capacity for thought, for work and for the use of those skills vital to an expanding and complex America.

Thus the physical fitness of our citizens is a vital prerequisite to America’s realization of its full potential as a nation, and to the opportunity of each individual citizen to make full and fruitful use of his capacities.

It is ironic that at a time when the magnitude of our dangers makes the physical fitness of our citizens a matter of increasing importance, it takes greater effort and determination than ever before to build the strength of our bodies. The age of leisure and abundance can destroy vigor and muscle tone as effortlessly as it can gain time. Today human activity, the labor of the human body, is rapidly being engineered out of working life. By the 1970’s, according to many economists, the man who works with his hands will be almost extinct.

Many of the routine physical activities which earlier Americans took for granted are no longer part of our daily life. A single look at the packed parking lot of the average high school will tell us what has happened to the traditional hike to school that helped to build young bodies. The television set, the movies and the myriad conveniences and distractions of modern life all lure our young people away from the strenuous physical activity that is the basis of fitness in youth and in later life.

Now is the Time

Of course, modern advances and increasing leisure can add greatly to the comfort and enjoyment of life. But they must not be confused with indolence, with, in the words of Theodore Roosevelt, “slothful-ease,” with an increasing deterioration of our physical strength. For the strength of our youth and the fitness of our adults are among our most important assets, and this growing decline is a matter of urgent concern to thoughtful Americans.

This is a national problem, and requires national action. President Eisenhower helped show the way through his own interest and by calling national attention to our deteriorating standards of physical fitness. Now it is time for the United States to move forward with a national program to improve the fitness of all Americans.

First: We must establish a White House /Committee on Health and Fitness to formulate and carry out a program to improve the physical condition of the nation. This committee will include the Secretary of Health, Education and Welfare and the Secretary of the Interior. The executive order creating this committee will clearly state its purpose, and coordinate its activities with the many federal programs which bear a direct relation to the problem of physical fitness.

Second: The physical fitness of our youth should be made a direct responsibility of the Department of Health, Education and Welfare. This department should conduct—through its Office of Education and the National Institutes of Health—research into the development of a physical fitness program for the nation’s public schools. The results of this research shall be made freely available to all who are interested. In addition, the Department of Health, Education and Welfare should use all its existing facilities to attach the lack of youth fitness as a major health problem.

Third: The governor of each state will be invited to attend the annual National Youth Fitness Congress. This congress will examine the progress which has been made in physical fitness during the preceding year, exchange suggestions for improving existing programs and provide an opportunity to encourage the states to implement the physical fitness program drawn up by the Department of Health, Education and Welfare. Our states are anxious to participate in such programs, to make sure that their youth have the opportunity for full development of their bodies as well as their minds.

Fourth: The President and all departments of government must make it clearly understood that the promotion of sports participation and physical fitness is a basic and continuing policy of the United States. By providing such leadership, by keeping physical fitness in the forefront of the nation’s concerns, the federal government can make a substantial contribution toward improving the health and vigor of our citizens.

But no matter how vigorous the leadership of government, we can fully restore the physical soundness of our nation only if every American is willing to assume responsibility for his own fitness and the fitness of his children. We do not live in a regimented society where men are forced to live their lives in the interest of the state. We are, all of us, as free to direct the activities of our bodies as we are to pursue the objects of our thought. But if we are to retain this freedom, for ourselves and for generations to come, then we must also be willing to work for the physical toughness on which the courage and intelligence and skill of man so largely depend.

All of us must consider our own responsibilities for the physical vigor of our children and of the young men and women of our community. We do not want our children to become a generation of spectators. Rather, we want each of them to be a participant in the vigorous life.