Promoting Utah Democracy

Jamuary 28, 2012

As most readers would know, I am Treasurer of the Utah Libertarian Party. You also know that ours is a small party, and that we have very few big donors. A big part of our annual budget comes from Utah's income tax checkoff program. This allows anyone to donate $2.00 of their tax money to the party of their choice, by putting the appropirate letter("L") in a box near the top of their income tax form. About 2/3 of this money, of course, goes to the "dominant party"; but our party also makes enough money to help our candidates with filing fees and other simple campaign help. In order to stay on the ballot, we must poll 2% in a statewide race. In 2010, we managed to do that by a whopping 60 vote margin (whew!).

Now a Bill has been introduced in the legislature to eliminate this option. Rep. Dougall, the sponsor, says this ends forced contributions to political parties (as all taxpayers lose when one contributes). This is actually a tax increase, as it eliminates the right of a person to withdraw a very small amount of his own taxes to support his political cause. This might make some sense if the State did not heavily subsidize political parties by paying for a closed primary election. This year, the Republican Party will hold a closed Presidential Primary, which may also include primary contests for other contested races. A closed primary, of course, only allows registered members of that one party to vote. The tax checkoff program in Utah does help the Republican Party, and Rep. Dougall would say he is selfless in denying this help to his own party. But the cost of this program is about $168,000, for all parties. The cost of a closed Republican Primary to the taxpayers is about $3 million (figures supplied by the State election office). Defunding closed primaries would be the best way to achieve savings by ending subsidies. Eliminating my right to withdraw this small amount to support my party furthers the domination of one party, which does not need it. The Bill has already passed the House, and now heads to the Senate. We Libertarians believe this is OUR tax money, and that we should maintain the right to direct this very small portion of it. We also believe that the "dominant party" should pay for its own primary elections, and save REAL money for the taxpayers.

If you agree, please ask your State Senator to oppose HB 50 when it comes before the Senate. And ask him or her to defund the Republican closed primary. Then ask a friend to do the same. You can find your Senator's e-mail address by going to the legislative branch of the government in the government website, www.utah.gov

Then please consider making the checkoff to our little party when you file your income taxes, so we can continue to give voters a real choice. In 2010, we ran candidates for office in 4 counties where Democrats did not contest Republican domination. Isn't this choice worth a little effort to preserve?

Candidate for Utah Attorney General (again)

This is my announcement that I will be a candidate for the Libertarian Party nomination for Utah Attorney General in 2012. I have perviously been a candidate for this office. In 2008, I received 38,000 votes, or 4.1%. While that did not affect the race (the Democrat did not poll very well), it helped the Libertarian Party stay on the ballot (we need 2% of the statewide vote), and it helped our party grow. As I prepare to join the campiagn again, I note that the "war on drugs" goes on, and that there is no sign that the government is winning. The government wants to extend its ability to search without warrants, to detain people without trial, and to genrally increase its power over its citizens, in the name of "safety". But I don't feel safer. Instead, I fear my government and the power that it takes upon itself to fight "wars" (on drugs, on terror, on pornography) that will never be won and will never be over.

The responsibility and opportunity of a "third party" candidate is to change the nature and tenor of the debate. Those of us who think the government already has too much power over our lives cannot be satisfied that the debate between the two "major party" candidates is likely to be over who can be "tougher on crime". If I were elected, I would concentrate on the kinds of crimes that actually affect our quality of life. The prisons would not be full of non-violent drug offenders. The citizens of this State would be more free to be different from their neighbors.

If you agree, join the fight, and tell a friend.

War on Drugs hits home

January 7, 2012

It has been a while since I have updated this blog. Hope to do better, but so very busy fighting the "man".

This past week the War on Drugs came to Utah with a vengeance. And it was a real war. The Ogden area, like others in the State, maintains a militarized "task force", supposedly to fight drugs. These guys train for battle, are heavily armed, and wear body armor, in anticpation of a firefight. This week twelve of them planned a "raid" of a home where they reputedly had information that an occupant was growing his own marijuana (and may have sold some - it still is not clear). They broke in his door at night; and things did not go as planned. One is dead, two others are in critical condition, and three others were wounded less seriously. The community has come together for candelight vigils and other expressions of support of these heroes.

I want to make it clear right now, that this was a tragedy. It should not have happened. But I look around and I do not see any heroes, just more victims of a drug policy which creates so many of them. What possible reason was there for this military assault? Was anyone in immediate danger of serious harm? The tactics themselves make little sense. They knew who lived there, and that he worked a graveyard shift at Walmart. Why not wait until he was not home? Better yet, why not try and arrange to go there during the day and talk to him in a civilized manner? Or even better yet, why not ask if such a "raid" was even necessary? Marijuana possession is not s serious crime, even in Utah. When twelve heavily armed men charge a house with guns drawn, doesn't it seem likely that SOMEBODY may get hurt? Is grabbing a few marijuana plants worth ANYONE'S life?

I am reading a book about a man who grew up with drug addicted parents in New York. Wouldn't have had a chance in life except for a friend who helped him get out and lead a real life. The drug war went on all around him; and those police who were fighting it never had a snowball's chance in the hot place of winning. So lives were destroyed and nothing got better. I do not like drugs. I do not use them. I also do not, however, believe that I can force you to do as I do. I have wateched the drug war lose ground from the day President Nixon decared it. A whole generation of young people have been made criminals, and it is NOT getting better.

We should mourn the fallen officers; and we should mourn the man whose life has been destroyed by defending his home against a nighttime breakin by men he likely did not know were police officers. And then we should talk about how to fight the evil effects of drug addiction without destroying more lives.

Please consider doing something to help. I am gearing up to run for Utah Attoreney General. Yes, I have done this before; but this incident reminds me that we need new ideas in law enforcement. Join me in my fight for common sense. And demand a stop to the violence.

Ups and downs on the road to freedom

September 24, 2011

I just attended (but felt to old to fully participate) Utah's "undie's run". Hundreds of people in their underwear gathered at Gallivan Center and then either walked or ran up State St. to the Capitol. I thought it was just too much of a hill, and now I wish I had gone up. Some were real athletes who ran hard the whole way. Most ran and walked at their own pace. The police closed State St., and it was quite a festive occasion. There was to be an "after party" at the Gallivan Center with music and beer after, but I left. Very impressive event, and many wrote messages of freedom on their bodies, protesting Utah's liquor laws, advocating legalization of mj and gay marriage, etc. It occurred to me that this is my constituency, and that I should have done something to let them know who I am and what I stand for. They should all vote for me in my next run for Attorney General (if I do it). I have to work on getting that message out. Anyway, I left feeling quite good about freedom in general. And the funny thing is that tonight was also the LDS Church Women's conference. TRAX was full of well dressed women on their way to conference. I can't help but chuckle about the two groups running into each other on the way home.

Last week I went to Las Vegas for a convention. I have always been able to avoid those new scanners at the airport until now. I was scanned going both ways. The scanners have been modified to eliminate the explicit nature of the images. But, on the way down, a single dime in my pocket triggered an extra pat down. On the way back, I was very careful not have ANYTHING in my pockets, and the machine found nothing. Nevertheless, I still got the pat down. This time he took my wallet and leafed through it. I assume that was a result of the raised middle finger during the entire process. To their credit, they were polite enough, even wishing me a nice flight. But the combination of that damned machine, the extra patdown, and the wallet thing made me feel quite violated. It is my understanding that Congress is in the process of defunding the machines. It will not be soon enough for me. No, I do NOT feel safer. I only feel harassed. And I do not like it. Thanks again to Congressman Chaffetz for his untiring efforts to do away with this.

And finally, I need to mention the sadness of the execution this week of Troy Davis, in Georgia. I don't know whether he killed that police officer. And I don't think the State of Georgia knows either. There have been so many mistakes, that unless we really are sure, this final solution should NOT be used. Please read my previous blog (Innocent Man Part 2) about our successful efforts to exonerate a man who spent over 4 years in prison for a cirme he did not commit. And I also recommend that you read John Grisham's recent and disturbing novel, "The Confession", about efforts to save an innocent man from execution. Last week, during a debate, Governor Perry of Texas boasted about the number of execution in his State during his watch. What a horror, if we elect this man President.

I am working on putting together a campaign for Attorney General (again) because somebody does need to keep saying what needs to be said about freedom. And enither of the two "major party" candidates will do so. Please help me with this effort. Register to vote, tell your friend, and consier a small contribution. There is so much that needs to be done to advance the cause of freedom.

An innocent man, part 2

September 12, 2011.

First, I apologize that I haven't been working on this blog for a while. So many things to do. So many windmills to tilt at. Today, however, it is most important that I take the time to do this.

Back in July, 2008 I posted about my efforts to obtain compensation for a man who had spent four and a half years in prison for a crime he did not commit. Due to the efforts of his public defender, his conviction was thrown out, and he was set for a new trial in July, 2007. On July 6, 2007 (happens to be my birthday), the State dismissed all charges, and he was released. The next day he came to see me about obtaining compensation for his wrongful imprisonment.

Harry Miller had been charged with an armed robbery in Salt Lake City at a time when he was most certainly in Louisiana, recovering from a mild stroke. Evidence showed that he was there at least a few days before and a a day or so after the robbery, but there was a period of 2 days or so that was not clearly accounted for at trial. Despite the fact that it did not seem likely that he was in Utah during the crime, it was POSSIBLE, based on the lack of precise evidence of alibi, that he could have gotten on a plane, flown out here, committed the robbery, and flown back. His trial attorney thought this was so silly that he didn't see much likelihood of conviction. The fact that Mr. Miller is black, and the victim didn't have much contact with black men, may have figured in. More than two years later, the victim identified Mr. Miller as her attacker, and, despite the seemingly weak evidence, he was convicted.

At the time he was released, there was little that could be done. The police had not falsified evidence or done anything else to violate their oaths. But the legislature was considering a new law which allowed compensation for people imprisoned, who were later determined to be "actually innocent". We patiently waited almost a year until the new law went into effect, and then we filed. In my July, 2008 post, I noted that the State did even not want to give Mr. Miller a hearing to determine his innocence. They simply relied on the evidence at trial, and claimed that it was too late now to add extra evidence, even though the results of that trial had been thrown out. The District Judge agreed, and we appealed. On November 19, 2009, the Court of Appeals said that we were entitled to a hearing at which we could introduce whatever evidence we had of actual innocence.

At this point, the Utah Innocence Project stepped in and volunteered to use its resources to track down witnesses, issue subpoenas, and put together a good case. They did a wonderful job, and it began to appear that we would win. But, it took over four years from the time that he was released.

I AM TOTALLY THRILLED TO REPORT THAT THIS MORNING THE STATE STIPULATED TO FACTUAL INNOCENCE, AND THE COURT SIGNED THE ORDER COMPENSATING MR MILLER FOR HIS TIME SPENT IN PRISON. THE COURT ALSO EXPUNGED HIS RECORD OF ARREST AND CONVICTION. THIS IS ONE OF THE GREATEST DAYS FOR MY LAW PRACTICE. The practice of law is terribly frustrating on many occasions. Many times I am convinced of the rightness of my cause, and I lose anyway. Sometimes I almost want to quit. DAYS LIKE THIS MAKE IT ALL WORTH IT. JUSTICE HAS BEEN DONE. CONGRATULATIONS, MR. MILLER.

I am very pleased for my part in this. The appellate lawyers who won a reversal, Margaret and Patrick Lindsay, and the lawyers for the Innocence Project, especially Jensie Anderson, did as much or more. Thank you all for what you have done. And thank our founding fathers for a system that (at least sometimes) works to achieve justice. WHAT A WONDERFUL DAY.

Just a bit more

June 19, 2011

After not blogging for a while, I seem to be back at it with a vengeance. Today's news was just too much to pass up. the Utah Republican Convention yesterday passed a resolution asking the legislature to repeal the "guest worker" bill which has not yet gone into effect. The proposal was opposed by the governor and the AG (and most likely the Church of Jesus Christ of Latter-day Saints, though their statement was open to different interpretations, of which there were plenty). I don't think everyone who voted for this resolution is uninformed or intolerant. But I do think that it is a sad commentary on those who so loudly protest "amnesty". The fact remains that migrant workers are an important part of our seasonal agricultural work force. Some states have had to impress prison inmates to pick crops, after their migrant workers were scared off by anti-immigrant laws. The question that seems most important to me is whether this emphasis on "protecting our borders" (from what?)is necessary to make us safer. That seems just silly to me; and I do hope that cooler heads will prevail. And for those who agree that the Repbulcialn Party has become the party of intolerance, we would welcome you to the Libertarian Party. www.lputah.org

And I just had to comment on the latest news of a Republican State Senator in Idaho who was arrested over the weekend for DUI; and for doing it in someone else's vehicle, which just happened to have the keys in it. Yes, I know that last week it was a Democrat who resigned in disgrace over the horrible crime of "sexting"; but I always think it is so much more fun when it is the "family values" crowd -- those who preach to us how we should live our lives, and then go out and do really dumb stuff. Enjoy your Father's Day, Senator. And if you were really going to run for Governor, maybe you better make some new plans.

Press celebrities?

June 18, 2011

Once again, it has been a while since I wrote here. And much has happened. In my last entry, I mentioned that I am suing the Attorney general and the Salt Lake City police chief over a new law which allows arrests for sex solicitation based on such "provocative" activies as touching oneself in a way that makes a police officer believe you are willing to engage in sex for money. That legal action is still in the beginning stages, so not much to report. The press, however, has picked up news about the lawsuit, and it has been published in the Washington Post, the Boston Globe, and other media outlets around the country. We should start making real progress on this action in the next few weeks, and I will try and keep readers updated. I will make a plug here for my website at www.andrewmccullough.org where I have posted the complaint. I will continue to post there major legal items as well as major press stories. You might want to browse that from time to time, to get more information on my adventures.

Shortly after filing that action, the New York Supreme Court, Appellate Division (the intermediate appellate court in NY) ruled against my client in a dispute with the New York Tax Division over the taxation of dance entertainment. It seems that some dancing is just artistically (and morally) superior to others. If you don't make the cut, you pay more taxes. and the New York Tax Appeals Tribunal has set itself up as a dance critic to tell us who gets the favorable tax treatment. Once again, I spent a lot of time last week being interviewed by the press. This time, of course, the articles were about my big loss. If I am going to enjoy my 15 minutes of fame, I surely do not want it spent as a loser. But, of course, we will appeal to New York's highest court. We will also go through another tax audit at which we will have the opportunity to convince the authorities that we were right all along, by bringing in additional evidence. I was recently interviewed by several New York newspapers as well as the British press agency, Reuters. I really do hope I will be able to finish this case out as a winner. We will see. Once again, major developments and legal papers will be posted on my website.

In my last posting, I also said that I was rebuilding my website for a possible additional run for Utah Attorney General. It seemed obvious to most people at that time, that our current AG would not be running for reelection. His health has improved, and now he says he may run again after all. In that regard, I note in today's Salt Lake Tribune, two major articles about him. The first one, on the front page, talks of his relationship with a big contributor who is now in jail for fraud. There is a photo of the AG in the donor's Lamborghini with the statement that "Who doesn't want to sit in a Lamborghini and get their picture taken?" I don't know, Mark, I have to admit I never have given that possibility a moment's thought. But then my friends and contributors don't drive cars like that.

The second article about our AG in today's paper discusses his appeal of a recent ruling that freed Debra Brown, after she served 17 years in prison for a murder she did not commit. The AG does not want to allow this to become precedent, so that others falsely convicted of a crime may be compensated for their years behind bars. So, if the appeal succeeds (which it won't) she will possibly go back to prison. and while we are speaking of the precedent, I will not yet another upcoming article featuring me. this next week, the Salt Lake City Weekly will feature an article on another person who was freed from prison after 4+ years for a robbery he did not commit. And the AG is trying to stop him from being compensated too (once again for the "precedent"). Shame on the AG for this. If they are innocent, the state owes them a loud apology and at the very least, compensation set by law for time spent in prison. Watch for this article and see for yourself what you think.

Well, life is very hectic, as you can see. Look for links to the various articles on my website, and stay tuned. I will continue to do my best to advance the cause of freedom in court and on the political trail. Help me out where you can. and let's all be heard to oppose government efforts to restrict our freedoms. "Eternal vigilance is the price of liberty".