Vote Andrew McCullough For Utah Attorney General
May 10, 2008 -- More on campaign contributions. Today are the State conventions for both the Republican and Democratic parties. This week, their candidates had to file their financial reports for the first part of this year. The difference between the reports from the current Attorney General and his Democratic challenger are startling. HIs contributions are mostly from businesses, and many are quite large. Hers are mostly from individuals, and are mostly quite small. I am a lot closer to her than she is to him. I just had this wonderful thought: I could beat this Democrat, both in contributions and votes, if I really put my efforts into it. Why not help me do just that? What a coup! We all know that I would make a good Attorney General; but many people think the fight is hopeless, so why bother? Take a look at the contribution reports on the Lt. Governor's website, and tell me what is and is not possible. Then, see my official website at www.andy4ag.com and make a contribution. Help me really rock the boat! What fun we will have!
May 5, 2008 -- In Memorium -- Mildred Loving, and more. It is a name known mostly by those who have studied constitutional law. Mildred Loving, a black woman from Virginia, passed away earlier today at the age of 68. She married her longtime white boyfriend in Washington, DC in 1957. At the time, she didn't really realize that such a marriage was illegal in Virginia. But, when she went back home, she found out, as she was arrested shortly thereafter. She and her husband agreed to leave Virginia and live in Washington for a period of time. Then she contacted the ACLU and told them she wanted to go home without fear of arrest. She later said she didn't want to be a hero, just a bride, and said "We are not marrying the state. The law should allow a person to marry anyone he wants." To some degree, the landmark Supreme Court case of Loving v. Virginia held just that. but we all know the battle is far from over. The fight to keep the State out of our bedrooms goes on; but because of Mrs. Loving, one step has been taken. For all those of us who believe there is a part of our lives beyond the control of the State, we say "thanks".
On another subject, this morning's Deseret News reports that a majority of Utahns side with our present attorney general, who says that the public's right to be safe is more important than giving a person who is listed on the State's sex offender registry a chance to be delisted. Mr. Shurtleff, why do you fear Due Process of Law? Why not allow a person to go to court eventually to show that he is not a threat to society, and have himself removed from this hideous list? If the Court deems him still a threat, he stays. but if he is not, why should he be there?
The problem is that the listing requriements keep getting more severe. A person who entered a guilty plea years ago thinking he would not be listed, or thinking he would be delisted in ten years, now finds that the legislature has increased his listing requirement to lifetime. Where is the fairness in that? What is the harm in allowing him to challenge it, and show that it is not proper in his particular case? The current attorney general claims he is just protecting children. But, from what? Why have we allowed ourselves as a nation and a society to be governed by fear? Mr. Bush has transformed our nation into one afraid of everything and everybody. Do you really want to live in fear all your life? Do you truly feel safer this way? I don't; and I only ask that common sense prevail. Those who are dangerous can be labeled so. Those who are not deserve the chance to prove it. That, really, is the American way.
April 29, 2008 -- Latest on FLDS controversy. I have been asked a number of times why, if I don't want to be a Republican, I don't choose the other "major party", the Democrats. Frankly, I would probably rather have a Democrat in the White House than another Republican disaster, like the one who is there now. But I am not a Democrat, because they favor too much government interference into our lives, much like the Republicans do.
Today's newspapers reported that Senator Harry Reid, the Senate Majority Leader, has railed against the State of Utah for not being more aggressive with our southern Utah "polygs". He says he is a "cheerleader" for the overreaction of Texas authorities, and thinks it is time for the Federal government to get involved if Utah won't do more. Our current Utah Attorney General fired back that he has done a lot, and boasted of putting Warren Jeffs in prison for rape. Once again, the "major parties" are trying to outdo each other by being more aggressive at eroding our civil liberties. Shame on them both! Both men are active members of the Church of Jesus Christ of Latter-day Saints (LDS); and neither appear to be familiar with the history of their own church. The LDS Church came close to being totally wiped out by the fervor of Federal government agents trying to fight LDS polygamy in the late 1800's. The charges that were leveled against church leaders were as exaggerated and fanciful as some of those being leveled now.
Let me make it clear yet again that I do not condone child abuse or welfare fraud, or any of the other numerous possible violations by this group. But I do condone their freedom of religion and their right to Due Process of Law. The overreaction of the Texas authorities is to be protested, not cheered. And those who are cheerleaders for this can be counted on to push aside our constitutional rights the next time there is a "crisis".
Had enough? There is a choice, and now is the time to make it.
April 19, 2008 -- What a day! Today the Utah Libertarian Party held its convention to choose both candiates for public office , and also party officers. Yes, I was nominated to run for Attorney Gnereral, so now it is official. I will do my best to change the tone of the debate, and to give the electorate a real choice between pholosophies of government. While the other two candidates will disagree about policies, and will tout their abilitites to efficiently run a large "law firm", doing the State's legal business, they will agree on most things. They will agree that the State should spend your money trying to increase the already bulging jail and prison populations. They will not acknowledge that we hold too many prisoners; and the financial and social costs are just too high. They may have some slight differences on their approach to "protecting children"; but they will both tell you that the kind of mass interference with families recently seen in Texas is probably necessary, and in the "best interests" of the children. They will tell you that the State must tolerate law enforcement officers who stretch thier authority to "get the bad guys"; they will tell you that the State has a legitimate interest in helping you decide for yourself what you can read and view in the privacy of your own home; and they will tell you that if the govenment "sneaks and peaks" into people's homes, they are only doing it to protect you and me from those same bad guys, who are just about everywhere.
Thankfully, there is another point of view -- that we can be both safe and free; and that we can reduce the terrible costs of law enforcement without sacrificing public safety. Please consider helping me spread this message.
Oh, and one additional thing. I was also elected State Chair of the Libertarian Party today, for the next year. Mostly, I think, because nobody else wanted it. And yes, "Super Dell" Schanze is our candidate for governor. Give him a chance, he grows on you. And watch for an exciting Libertarian candidate for President as well. More on that soon.
Please browse this website to help out my campaign. Please see the party website (soon to be revamped and made easier to use) at www.lputah.org
April 12, 2008 -- More on polygamy controversy. Since my last blog entry only four days ago, the ongoing controversy over the raids on the Texas ranch owned by the FLDS Church has spilled over into Utah politics. The Deseret Morning News reported on April 10 that the current Utah Attorney General had obtained 80 search warrants in 2006 to search for DNA evidence of incest in the Kingston group of polygamists, but backed off long enough so those who were at risk disappeared.
The Salt Lake Tribune today reported on a debate yesterday between Congressman Cannon and his Republican opponents, in which polygamy was discussed. While Cannon is concerned that Texas authorities went too far in their recent raids, by taking into custody over 400 children, (duh!), his main opponent, David Leavitt says that polygamists must be diligently prosecuted. He is the one who, as Juab County Attorney, prosecuted Tom Green, and put him in prison for having several wives. He was promptly defeated for reelection. Rather than hearing the message, he is now bringing his crusade to the congressional race. He says this must be done to defend the institution of marriage against those who would use any leniency to promote gay marriage. Well, if there is any doubt that there is a strong current in Utah for instituting a theocracy, this should help erode that doubt. Our current Attorney General actually received an award from the Equality Utah political action committee for bucking his party's anti-gay bias, and defending the basic dignity of gay people. But, he only stands out as a moderate within his very socially conservative party, and is still socially to the right of those who think the government has no business in our bedrooms.
The Tribune story on the congressional debate reminds us that there are very strong oppressive forces in the majority party, bent on eliminating any signs of tolerance of those who don't quite fit into with the "family values" movement. Once again, those of us who insist on the right to live our lives as we choose, are under seige. If you haven't yet decided to make your own voice be heard, the time is running out. This election year gives us a great chance to be heard. If you wait until after the election, it will be too late.
April 08, 2008 -- Child welfare. Today an old friend called me out of concern, after the Utah Division of Child and Family Services (DCFS) came to visit her. They were investigating a complaint of possible child abuse. I do not think they will find any evidence of such a thing there. But this incident, and perhaps even more, the drama that is unfolding among the FLDS community in Texas, prompts me to write about my own concerns of State involvement in the family. After many years of practicing law, it has become very apparent to me that the State (and not just Utah) is a little "trigger happy" about intervening in family matters, and removing children from the home. The headline in today's Salt Lake Tribune tells us that over 400 people have been removed from the FLDS community in Texas. And the subheading, quotes a State official that, while the removals are traumatic for the children, this is "in their best interest". Some of the stories of child abuse coming from this community would cause anyone concern. But the State of Texas has come in with SWAT teams, and hordes of police; and they have brought ambulances in anticipation of having to resort to violence to get into the FLDS Temple, and other sacred buildings. I am not any happier than anyone else about claims of child abuse; but my own experience has tausght me that State inteference with the family is its own form of child abuse.
Many of us remember the massive legal fight that the Utah Attorney General's offce had a few years ago over their move to take a young boy from his fmaily in order to forcibly medicate him. The family resisted, he was not forced to undergo the tratment, and he is doing fine. Our current Attorney General, in his candidate statement on the Salt Lake Tribune Politics webpage touts his efforts to protect children, and asks for four more years to do so. Unfortunately, those efforts sometimes include unfair and inappropriate interference with families. If you want the government to spend less time spying on you and interfering with your family, let's not give him four more years.
March 1, 2008 -- Americans incarcerated. Over the last few days, the news media has widely reported that: "For the first time in U.S. history more than one in 100 American adults are behind bars" (Salt Lake Tribune, 2/28/08). According to BBC news, this is the highest percentage among world democracies. The cost is high, not only in what it takes to lock people up, but in broken families and lost production. Former Federal Judge Paul Cassell is quoted in the Tribune as saying the cost is not as high as it seems, as it is mitigated by lower crime rates. How many Americans would former Judge Cassell incarcerate to further lower the crime rate? If were all locked up, the crime rate would be close to zero, but who would pay for the jails?
The high rate of incarceration in this country comes from a number of things. Federal crimes in particular are punishable by incarceration for such long periods of time, that it has no rational connection with the crime charged. And then there is the war on drugs, which puts people in jail who have done nothing other than use or possess substances that the government thinks are bad for them. The government does not seem to think that prison is bad for them too. The jails and prisons are full. Shall we build more indefinitely, or will we wake up and reform our justice system to avoid incarceration which does not make sense?
The present Utah Attorney General, charged with coordinating the State's law enforcement, and I fundamentally disagree on the need to jail or imprison so many people. If you support him in the upcoming election, you will do so out of fear -- fear which I think does not bear a real connection to society's needs. If you support me, you will be doing so in the hope that more freedom will make society better. The choice, and the cost, is yours.
February 14, 2007 -- First, let me thank those who helped our Libertarian Party regain its ballot status. We have been informed by the Elections Office that we will be ballot qualified this year. In order to stay qualified, we will need to poll 2% of the statewide vote by one of our candidates. This should present no particular problem, as it is my intention to run (one more time) for Utah Attorney General; and to put in the most effort I can afford, both financially and time-wise. If you are interested in helping, please let me know, and see this website for instructions on making contributions.
And speaking of contributions, the Libertarian Pary will not be receiving tax checkoff money this year, which will be a drain on our limited funds. When you do your tax returns, please consider a small donation to the Party to help us make up for the lack of tax funds. Every $5.00 or $10.00 will help a lot.
Ok, on to political issues. despite a 90% vote for him in the Republican primary in Utah, Mitt Romney will not be the Republican nominee for President this year. And the presumptive nominee, John McCain seems to be drifting rightward to keep his party's "base". After being the champion of efforts to make sure the U.S. does not torture prisoners, he voted against the bill this week to outlaw "waterboarding". Shame on him. President Bush will likely veto the bill, out of his misguided belief that we will be protecting our country by using degrading methods to try and wring information from prisoners.
And, despite pleas from the leadership of the Church of Jesus Christ of Latter-Day Saints, our Republican legislature seems bent on taking out their frustrations on so-called "illegals" by eliminating in-state tuition at colleges, and their driver privilege cards. Both efforts are mean-spirited and will do nothing to help either our security or our economy.
A couple of weeks ago I sent a message to an e-mail list of libertarain leaning people about our ballot petition. One gentleman, with a BYU e-mail address, wrote back suggesting that we all join the Republican Party and try and reform it from within, much as he says Rep. Ron Paul has been doing. No thanks. My old party has been taken over by people who claim to be Christians, but have no Christian charity. The party which has claimed to be for smaller government and more freedom spends much of its energy now tryjng to make people live up to their expectations for moral behavior. I prefer not surrender my freedoms for the illusion of safety.
Join the revolution, and protect our freedom. Pass on the message to your friends. You have nothing to lose but your chains!
January 18, 2008 -- Today I received a forward of a comment which appeared on the website of http://www.utahpolicy.com/ ranking our current Utah Attorney General as one of the "safest" in the country, as far as re-election goes:
"Two-term Utah Attorney Genral Mark Shurtleff (R) has ruffled feathers, especially among conservatives, by backing hate crimes legislation, opposing an anti-gay-marriage amendment and, most explosively, prosecuting splinter sects that practice polygamist-arranged marriages with underage girls, a crusade that led to death threats. But many voters respect his prosecutions, and Democrats acknowledge that his seat is not a target."
There are some areas where the current Attorney General and I agree, but he does not understand the Bill of Rights as written into both our national and State Constitutions. Frankly, I would be thrilled if the Democrats do not even put up a "secrifical lamb"against him this year. A race between just him and me would be great fun, emphasizing our massive differences on such things as the Patriot Act, the "war on drugs", and First Amendment freedoms. But, of course, I need lots of support to make it fun. If you haven't downloaded a Libertarian Party ballot petition, pease do so now. If you can send a monetary contribution (up to $50 remains between us), please consider that as well. Let us use this opportunity to really make a statement for freedom. And let's make him feel a little less safe!
More soon
December 25, 2007 -- Merry Christmas and more. Merry Christmas to those who actually read this blog. And a double Merry Christmas to those few who may have printed out a Libertarian petition and are working on getting a few signatures to get us on the ballot; and for those who have forwarded my blog on petitioning to friends. For those who have not, there is still time to help; and it would be a great present for those who are working to preserve freedom in Utah.
OK, on to the more serious business. A few weeks ago, many of us were shocked to see a UHP officer apparently becoming hysterical over a motorist who questioned his speeding ticket, and using his Taser when he should have used reason. Naturally, his superiors supported him in his decision. The very day of that decision by the UHP, I sat in a courtroom and listened to a bunch of macho police officers laugh and joke about what they would do with anyone who questioned their authority. I was, to say the least disturbed that they have not been taught decency in the use of police power.
This week, in Minneapolis, we narrowly missed a real tragedy when a bunch of police officers burst into a home without warning or identification, scaring the family inside half to death. The father of 6 children fired a warning shot before engaging the unidentified housebreakers in a firefight. Amazingly, despite three blasts from his shotgun, and 22 bulletes fired in return, nobody was injured. Seems the officers were serving a search warrant and got the wrong house (again). When homeowners have sued for such home invasions, courts have usually called it an honest mistake -- even when people have been killed.
It seems to me that there are just too many such mistakes without anybody being disciplined. And just maybe there are too many "no knock" warrants served under circumstances where somebody may get killed. I realize there are situations where this has to be done. But extreme care must be taken to avoid near tragedies like this. And when a mistake is made, somebody must be disciplined. That likelhoood will make them be more careful. And on this sacred day, let us thank God that there was no tragedy this time. If you want to increase the chances for avoiding it next time. help us get on the ballot and bring restraint to law enforcement. "The stakes are too high to stay at home."
And today the news reports that the recently graduated class at the Idaho Police Academy chose as its motto: "Don't suffer from PTSD [post traumatic stress disorder]. Go out and cause it." Doesn't that just warm your heart? I sure hope the New Year brings us something better; and it will if we fight for it!
December 15, 2007 -- Freedom's anniversaries. This week is an interesting one for anniversaries associated with freedom. Today is the anniversary of the Bill of Rights, without which we would helpless in the face of government intursions into our personal liberty. And tomorrow is the anniversary of the Boston Tea Party, when colonists protested the hated British Stamp Act by throwing a cargo of tea into the Borson Harbor. It is less known that the Stamp Act was used as a means of censorship as well. Newspapers could not be sold without a Tax Stamp attached, and that increased the cost of the newspaper so that peole could not afford to buy it. The government is still telling us what we cannot read, and here is your chance to fight back.
Various celebrations of these historical occurences are set. Here in Utah, we Libertarians rather badly need just a minute of your time to help us out with the last phase of our ballot petition. Scroll down this page to the heading "Petition Help" from a recent blog; and please take a minute right now to download a petit0n, and sign it. then get a few others to do the same and send it in to the Party or to me. so easy, and yet so important. You don't have to risk arrest or being shot to protect your freedom, so you have it much better than many others. And please send this blog to your Utah e-mail list and ask their help as well. I went to my PO Box last night and found no petitions. Next week, help fill it up with them, even if they only have a couple of signatures.
W. Andrew McCullough PO Box 651147 Salt Lake City, UT 84165
Thanks.
November 30, 2007 -- State Trooper; and the Blue Boutique. First, please read yesterday's blog, if you have not already done so, and do what you can to help. But things are moving so fast, I had to write again regarding new happenings.
Next, the Utah Highway Patrol issued its preliminary findings today regarding Trooper John Gardner and the now famous tasering incident in Vernal. As I predicted last week, they are standing by their own. I think they failed to really see what was in the video, and that is that their officer was near hysteria over nothing more than a bewildered motorist trying to figure out what was going on. The plaintive questiion issued just before the weapon was fired: "What's wrong with you?" has not been answered. And it is clear that UHP doesn't see much wrong at all. But, in a strange twist, they have stated that they will review their policies on the use of force. So, maybe they do see something wrong. For now, however, the officer is vindicated, and we are given the message to be a little more afraid of our police. That is not the message I was hoping to hear. Officers are encouraged to use the catch phrase "officer safety" in all difficult situations, even when, as in this incident, there was no "officer safety" issue. The bigger issue is that of public safety, and this incident did not do anything to increase that. The next time an officer asks, out of the blue, and with no legal authority: "Do you mind if I search your car?" a few more people are going to think that the alternative of standing up for their rights is not worth the trouble. And that is just sad. I would love to hear our present attorney general call for his own investigation into the agency that protects their own at the expense of the public; but it will not happen. So, once again, I urge my readers to do something to be heard.
Lastly, the news has been full of stories about the Sugerhouse landmark store, Blue Boutique, and its attempt to move a few blocks east, after their present building was slated to be torn down for new devolopment. Those who would censor anything they personally do not like are in fine form on this one. They want the Salt LakeCity ordinance defining Sexually Oriented Businesses (SOB's) to be amended so that they can prohibit a store which sells even a very small amount of "adult product" to be classified as an SOB and banned from much of the city. The City Attorney is looking at possible amendments, and it is possible that litigation may be coming. The legal difficulty comes from the theory of "secondary effects" which allows a city to push a business into "outer darkness" if that business is thought to increase crime or decrease property values in its neighborhood. Secondary effects, if they exist at all, have long been claimed to exist around businesses which cater mostly to "dirty old men" who nearby residents and business people do not want around them. This busies, however, is targeted much more at women, and has none of the qualities associated with such effects. This is censorship, and nothing more; and it is both wrong and unlawful. It needs to be resisted. So, Salt Lake residents, let your city officials know that they cannot spend yout tax money on this effort, and that they must preserve the city as a place which allows diversity and a little fun.
November 29, 2007 -- Need Petition help. Our Libertarian Petition to get us on the Utah ballot came is almost 600 signatures short. We need at least 700 more to assure getting on the ballot. I am all set to run for office, and cannot do that without my party. Please help. Download the petition at my website, www.andrewmccullough.org (left side of home page), get some people to sign it, and get it to me -- even if you don't have a full page. Every signature at this point counts. This is my last time to run for office, and I need support to even be able to start. E-mail this to your friends. If a bunch of people just got 10 signatures each, it would be over in a week. We will be taking signatures at least through the end of the year. Pass them out at your Christmas party.
The petition says something about wanting to join th party. Do not worry, you do not have to join the party. Just help us get on the ballot, and we will not bother you about anything else.
Just think of what politics would be like without fun people like me. What a dull thing it would be.
November 21, 2007 -- Police brutality? This morning's Salt Lake Tribune reported that an investigation is underway after a UHP trooper fired a taser at a man who would not sign a speeding ticket. The actual video is on Youtube, and is highly disturbing. The trooper appears to have completely lost control of himself over the man's statement that "I'm not signing anything." The trooper was not in any kind of danger, and there can be no excuse for his behavior. Perhaps we will all be pleasantly surprised when he is publicly disciplined. Far too many times, inappropriate or unlawful behavior by law enforcement personnel is tolerated. It should never be so. People want to be able to trust and depend on law enforcement officers. Thus, the average citizen usually will give the officer the benefit of the doubt. After all, the alternative is to be afraid. We SHOULD be able to trust law enforcement; and when police violate our trust, they should be promptly and firmly dealt with. They certainly expect that of the rest of us. I found the video easliy by looking for Officer John Gardner and the UHP on Youtube. Watch the video, decide for yourself, and then make your voice heard.
In a completely unrelated note, the Governor of New Jersey says he will go to work as usual on Friday morning, and he expects other State employees to do the same. This is the first time in 40 years that the Governor has not given State employees an extra day off with pay, beyond the holidays declared by the legislature. The employees, who feel that this is owed to them, are up in arms. Wah!! As someone who has NEVER had a paid holiday, I am unimpressed. And as a taxpayer, I hope that other governments do likewise and save all of us a great deal of tax money!
Happy Thanksgiving to all (even those who -- like me -- have to go back to work on Friday).
November 18, 2007 -- Fiddling with Constitutional rights. The Deseret News, of Salt Lake City, reports this weekend that a move is underway in the Constitutional Revision Commission of the State of Utah to "clarify" the right to be free from unreasonable searches and seizures under the Utah Consitutiona. The Utah provision, contained in Article I § 14, is essentially the same as the Federal one. On occasion, however, the State Supreme Court has had reason to grant more protections to the citizens of this State than do the Federal Courts. The current Attorney General of Utah, and former Federal Judge Paul Cassell, want to make sure that this does not happen again. In fact, it is also being discussed that the exclusionary rule be eliminated, as much as State courts can do so. That rule says that evidence which is unlawfully seized cannot be used in court. It is the only way courts have found to effectively force police officers to obey the law. The moving parties suggest that a police officer who breaks the law could be punished separately. That has always been a possiblity, of course, but one that simply never happens. It is my view that the Attorney General, who is elected by the people, should answer to them, and not to the police. He should be resisting efforts to lessen our precious consitutional rigths, According to this aritcle at least (it can be seen on my website http://www.andrewmccullough.org under "news"), he is not doing that. Well, there is an election next year for his position, and I ask those who are concerned about their freedoms to send a message. It is time for a change. and I ask for your help in making it.
October 23, 2007 -- Protest this week For those few who read this blog regularly, sorry I have not been here in a while. Life has been hectic, as always. A few things to catch up.
The President announced yesterday that he wants Congress to give him another $46,000,000,000(!) for his wars! There will be a big anti-war protest this Saturday, October 27, starting at 11:oo AM and going to 3:00, here in Salt Lake City. It is part of a wider protest activity to occur in several cities around the country. This will be the last big anti-war speech from our Mayor, and it should be quite a day. For more information, see www.Oct27.org/salt_lake_city for local events, and follow the links for other cities. I hope to see you and all your friends out for the party. I think it starts at the State Capitol and moves the City Hall around 1:00 PM.
So, what is a Libertarian, who is running for Utah Attorney General doing at an anti-war rally? Well, the sad fact is that our government has used this war as an excuse to attack some of our most fundamental freedoms and civil liberties. They want to spy on us without judicial oversight. They want to suppress dissent, and to suggest that those who disagree are unpatriotic. This is not the Country I want to live in; and I want to make my voice heard that the government will NOT use this war to cut back on the First, Fourth and Fifth Amendments; and we WILL be heard. Some of my best friends, people who genreally support free speech, keep telling me that the Presaident is doing what he must do, and that he needs our support. This is just nuts! What the President and his supporters (including our present Utah Attorney General) need is a healthy dose of reality -- that this has to stop. Help us send the message!
This is also my last call for Libertarian Petitions for our effort to get the Party back on the Utah ballot for next year. We intend to gather up what we have and submit them at the end of the month. Please, if you haven't signed one, print one out on my website, http://www.andrewmcccullough.org/ and send it to me ASAP. Or come out on Saturday and sign it there. Or if you have one half-filled out, send it to me right away. This is urgent. we MUST get back on the ballot in order for me to do my thing next year (just one more time). Help me out, please.
This is the time to "stick it to the man". Let me close with some words from a song by Chuck Brodsky (http://www.chuckbrodsky.com/) :
"These are dangerous times You might be overheard using one of whatever they've defined as being a dangerous word What if they don't like your songs? What if they don't like your books? What if you fit a profile based solely on your looks?"
Frightened yet?
September 25, 2007 -- Polygamist leader guilty. Today Warren Jeffs, the leader of a polygamous offshoot of the Church of Jesus Christ of Latter-day Saints (Mormon) was found guilty of "rape as an accomplice" for allegedly forcing a 14 year old girl to marry her cousin (age 19), resulting in sex. Upon hearing of the verdict, the present Utah Attorney General was quoted by KSL radio and TV as saying:
"This verdict is a victory for the many victims who have been hurt by Warren Jeffs and have been too afraid to speak out. Everyone should now know that no one is above the law, religion is not an excuse for abuse and every victim has a right to be heard. Let this verdict be a warning to anyone else who believes that forcing young girls to marry older men is acceptable and without consequence. The State of Utah will continue to be vigilant in pursuing anyone who breaks the law, no matter where they live or what they believe. Today's verdict is just the beginning of a long journey to seek justice for all."
Certainly that statement makes it clear that this prosecution was not about a single victim of "rape"; but is part of a concerted effort to destroy a culture which has been part of Utah since the days when the "mainstream" LDS Church also approved of the practice of polygamy. I want to make it clear that I do not condone child abuse; and this may well have been a case of that. What it was NOT, was rape, as that term is commonly understood. I was surprised by the verdict; and I will be more surprised if it stands up under appeal. If there is child abuse going on, it can be fought without resorting to ridiculous "legal fictions" such as the one bought today by the jury. Crimes should not be tolerated; but reasonable prosecutions will be sufficient to eliminate them. And, in the end, the State, which has tolerated polygamy for over 100 years, needs to back off its current morality crusade, lest it sweep up a few more Republican office holders.
It is time for new Attorney General who will not use his power to destroy those who believe differently than he does.
August 31, 2007 -- Stay tuned for comments on the resignation of Alberto Gonzales as U.S. Attorney General. But for now, I just have to comment on the wild scene in the U.S. Senate and the "family values" folks who have taken over my former Republican party. Apparently there have been rumors about the private sexual conduct of Senator Larry Craig of Idaho for some time. Frankly, I do not care if he is gay or not; but his party and his constituents care a lot. It reminds me of the mess that President Clinton got himnself into over sex several years ago. My thought at the time was that the guy is a Rhodes Scholar -- one of the truly brilliant minds of this country. And yet he could not understand something I though was both simple and obvious: You can be a successful politician, and you can be a great lover; but you really cannot be both. He simply wouldn't make the choice he had to make; and it nearly ruined him.
Here the choice was even more stark. Senator Craig wanted to be a great defender of family values; but there is some evidence (I make no decision as to his "guilt" of the sex solicitation of which he was accused but not convicted) that he tried to lead a double life of anonymous sex while traveling. If this is true, he needs some professional help to sort out things. Being gay is not a crime; and having sex with other men should not be a crime either. But he is accused (and still not convicted) of engaging in high risk behavior (both from a legal and medical view) which just is not becoming a man of his education and intelligence. What a shame.
This is one of the reasons I am a Libertarian. and while I am a politician, I am not a serious one. No, nobody is going to catch me doing things like he was accused of. But whatever I may be accused of, I have my reponse at the ready: "What do you expect from me? I'm a Libertarian." Those who want make a career of campaigning for "family values" had better be awfully careful, or it will jump up and bite them. Mitt Romney quickly fired him from his campaign and said he thought the behavior was "disgusting". Romney may have forgotten the Biblical admonition: "Let he who is without sin cast the first stone." Shame on him for being such a self-righteous jerk. And shame on the Republican Party for its determination to criminalize essentially private behavior. Who, outside of the religious right (which seems to contain its fair share of those with sexual problems) really cares?
Senator Craig needs to come to terms with who and what he is. Then he would certainly be welcomed as a Libertarian, as was former Republican Congressman Bob Barr who finally realized his "war on drugs" campaign was a terrible mistake. Give it some thought, Senator. You have seen what kinds of friends you have in your current party.
July 04, 2007 -- War on drugs (again). Today I went to lunch at a fast food place. A cute young lady sat down at the next table, pulled out her cell phone, and made a couple of calls which sure sounded like a drug deal to me. I wondered if she knew I could hear her; and whether she even considered that I could easily be a police officer. I pondered warning her against such activity, but did nothing, as she shortly was joined by friends, and the circumstances were just not right.
I imgine the young lady really doesn't even understand that what she did might get her a felony conviction. Probably never occurred to her. Most young people don't really understand the "war on drugs" and the determination of the government to turn a whole generation into criminals. Sadder still, she is probably totally uninvolved in the political process. She likely is not registered to vote; and it also has never occurred to her that she should be out working for change, if she does not like the current rules. She probably has never heard of the ACLU, the MPP or the Libertarian Party. (Haven't either? Look them up!)
We are struggling to get enough signatures to get our party back on the ballot in Utah for next year's election. And the party's natural consitutency -- those who do not like the current rules made by the "major parties" -- react with blank stares to the suggestion that they should be involved in making changes to the system. Please consider passing this on to someone you know who fits this discription, and ask them to think about protecting their own right to be free.
On a brighter note, I received an e-mail this past week from a former dancer and client, who I have not heard from in several years. She told me that she admires what I do, and that she is STILL an ACLU member! Yay! Once in a while, some good news.
Have a great day, and get a friend to sign our Libertarian Party Petition, available on my site under "organizing petition".
June 24, 2007 -- Jails too small? Today the Salt Lake Tribune newspaper reported that the Salt Lake County Jail has had to start releasing women prisoners becuase there is no room for them. They will begin releasing male prisoners shortly , for the same reason. The paper quotes Salt Lake City Prosecutor Sim Gill (unsuccessful candidate for Salt Lake District Attorney last year) as saying the County has not properly funded the jail, and that they must step up, provide more money, and find more room. Mr. Gill obviously wants more people in jail at greater taxpayer expense.
The County Mayor is quoted as saying ; "If the sheriff tells us that we're going to have to release violent offenders who should not be out in society, then I would support opening up more beds." Both men seem to have a misunderstanding of the type of people who are in their jail. There are some who are indeed dangerious, and are awaiting trial on serious felony offenses. Many, however, are booked on misdemeanors such as possession of marijuana or of drug paraphernailia. Others did not pay their traffic fines, and are found in contempt of court. Once again the "war on drugs" rears its ugly head. If people are put in jail for possession of drugs (for being victims of drug dealers), they overcrowd the system, and it begins to fall apart under the stress. The average citizen wants more people in jail for non-violent offenses, such as drug use; but they also want to be sure there is no new jail built in their community. They do not want to pay the price of the drug war; but they seem to support that war, without an understanding of the cost.
This is the end result, and it is just going to get worse, until our government comes up with a sensible drug policy . Ladies and gentlemen, get out your wallets and give until it hurts (more).
April 28, 2007 -- It has been an eventful week for those interested in the next election for Attorney General next year. First, the current Attorney General's campaign announced an upcoming fundraising event with a theme based on the current series of Pirate movies. Captain "Black Mark" Shurtleff was to conduct a "wench auction". I was looking forward to seeing how that would work. After Paul Rolly made fun of this on his blog, the event was called off; and it will be rescheduled in a different format later. What a shame! The sight of Republicans looking dumb and insensitive for me to poke fun at was sure enticing. Oh well, they will be up to something else soon. They are still attempting, of course, to "pirate" our individual rights, so at least they got that part of the time correct.
Then, on Thursday, "Black Mark" (I really like that nickname)went to Provo to lend his moral support to the vice President, who spoke at BYU's commencement. During his talk to a small pro-Cheney rally, he allegedly (according to the Salt Lake Tribune) compared Mayor Rocky Anderson of Salt Lake city, and (the devout Mormon) Senator Harry Reid to Tokyo Rose, the famous traitor who broadcast anti-American propaganda during the Second World War. He referred to Mayor Anderson as "Iraqi Rocky" and Senator Reid as "Hezbollah Harry", simply because they have criticized the invasion of Iraq.
We all know now that the invasion of Iraq was based on lies, thought there is still some dispute as to was doing the lying and why. a recent Utah poll showed that, for the first time, a majority of Utahans oppose the Iraq war effort. It is true that nobody really has the perfect solution to extricating us from this terrible mess; but there would be no doubt that a grave mistake was made in getting us into the mess. Opposing those who did this to our country should not be ridiculed like "Black Mark" did in his speech. It really is time to stand up to those who have used the "war on terrorism" as they have previously used the "war on Communism" and the "war on drugs"to take away our rights to be free from unreasonable searches and seizures. And now even our right to free speech and our right to petition the government for a redress of grievances are under attack. It is so easy (and so outrageous) to claim that those who oppose the current government policy are aiding the enemy. More accurately, it is time to quote the old Pogo comic character who states: "We have met the enemy and it is us."
Ok people. MANY friends and associates have encouraged me to stay involved in the fight for freedom and to continue my campaign to oust our current Attorney General. Now is the time to give your support. Make a contribution. Get some Libertarian Party petitions signed. Spread the word to your friends that it is time to fight back.
Speaking of petitions. If you have been working on one, please get it back to me right away. If you have not, go to my Home page, print one out, and get it filled with signatures. We need to get the Libertarian Party back on the ballot right away; and we need your help.
March 20, 2007 -- Today Mark Shurtleff announced that he is running for one last term as Utah Attorney General; and that so far he knows of nobody running against him. Well, it is certainly my intent as of now to do so. In order to run, however, I do need early and substantial support from as many people as possible. Please see my previous blog entry for last week as to what kind of support I need. Please consider now sending me your contribution, and I will not bother you about making another one. And please start spreading the word. Tell your friends about me and my website, and ask them to take a look and consider some support. Together we can make a splash, and give the voters a real choice.
March 11, 2007 -- It has been a while since I added to my blog, and for those few of you who read it, I apologize. I have kept very busy with a civil rights trial in Iowa and an appeal and a summary judgment motion here in Utah. I did get interviewed for a story in the February-March issue of Salt Lake Magazine, which even had a photo. I think that issue will go off sale quite soon, so if you are interested, get it while you can. My "fame" is spreading.
This is the season where politics is heating up again. Candidates for President are jumping in or falling out, by the handful. It is time to consider my own political status as well. I have done no fundraising in a couple of months, but I intend to start up again soon. You can beat the rush by sending me a check or a Paypal contribution right now. See my Donations page for details. I do intend to run one more time for Attorney General of Utah, because it is necessary to keep the pressure on those who would cut back on our freedoms in the name of safety. Recently the FBI admitted that it has been misusing its powers under the Patriot Act, and has been spying on people illegally. The FBI director says he "takes responsibility", but he has neither fired anyone nor quit himself. I have a hard time understanding how public figures can "take responsibility" for unlawful acts without losing their jobs.
If you think it is about time we moved in the direction of more freedom and less oppression, now it the time to do something about it. Please consider the following steps right now. They are mostly very quick and easy.
1. Go to my Home page and print out a Libertarian Party ballot petition. Sign it, get some friends to sign it, and send it to me. We need over 2,000 signatures by the end of June to make sure we are on the ballot.
2. When you do your state income tax, check off a contribution for the Libertarian Party. It will not increase your tax.
3. Get some friends to register to vote. Instructions on this site under "Register to vote".
$. Send me a small contribution for my campaign. Unlike other campaigns, once you give, I will not hassle you about additional contributions. Any contribution up to $50 remains anonymous. Then get a friend or two to do the same.
See, that WAS easy. Please do what you can to help today. And please spread the word that the revolution is coming!
More soon.
January 1, 2007 -- At the start of the new year, there is much to do in our fight to protect our freedoms. I am excited to work on building our party and getting ready for the 2008 election. Now would be a wonderful time to send a contribution to my campaign, so I can be ready to run an active campaign next year. See my Contributions page for details. In the meantime, please remember to check off the Libertarian Party on your Utah State Income Tax form, and help rebuild our treasury. If you are not a member of the party, and would like to receive the party newsletter, go the www.lputah.org and sign up. the cost is only $20 per year, and we need to build our membership base. Perhaps most importantly, we need all our friends and supporters to sign our Organizing Petitions and to get others to do the same. See the "Organizing Petitions" tab on my Home page, print it out, and get started. We need your help now.
Last week, I went to the local pharmacy to fill my prescription for allergy medication. Taking this medication makes it very much easier for me to breathe without sneezing and without a runny nose. I tell you this, because of a strange circumstance. While there, I asked the pharmacist about obtaining some over the counter decongestant, which I occasionally need as well. For the prescription medication, he had not required a photo ID. For the over the counter medication, he did need my driver license, and he needed to add my name, signature and address to a log he is required to keep, of people who buy this medication. The reason is the "war on drugs". Large quantities of this medication are needed in the manufacture of methamphetamines. And despite that fact that the amount I purchased would be of no use to a meth lab, I am now on a government watch list. Heaven help me if I need it too often.
No, I do not support the distribution of illegal drugs. Methamphetamine in particular is very dangerous, and destroys lives. But I also do not support the government keeping records of my purchases of a perfectly legal over the counter medication, to see if I use an amount that might be suspicious. I write about this today simply because it is yet another example of government efforts to spy on its citizens who are not suspected of any crime. This bothers me, and it is one of many reasons why I maintain this website, why I write this blog, and why I work to get the government to stop interfering with our privacy. If you agree, then please do something to help.
December 17, 2006 -- This is a very short blog entry today. The nation celebrated the 215th anniversary of the First Amendment last week. Please see my Articles page for a comment on the importance of this, from the first Amendment Center.
Please also see my last two blog entries for comments I feel are important; and keep an eye on my Events page for news of ongoing events.
Merry Christmas to all. Please check back here often in the new year, as there will be much happening in our campaign to bring freedom to Utah.
December 10, 2006 -- Two days after the Deseret Morning News announced its takeover by the Republican Party and the appointment of the Republican State Chair as its new editor, today's headline trumpeted the glories of Utah's current Attorney General, in its lead article. The article was accompanied by photos of Mr. Shurtleff "at a pro-war rally", and in his crusade against polygamy. According to the article, Shurtleff is not considered a "pure" Repbulican by many, and has irritated his own constituency by taking some unpopular positions -- including against Amendment 3 in 2004, and for "hate crimes" legislation. It is true that he is an interesting, and often surprising man. Before we all give in to hero worship, however, we must be aware of the realities.
The article starts by telling us of a recent "family council" called by the current Attorney General to help decide whether he would once again run in 2008. His family was decidedly against it; and he will most likely run anyway. So much for "family values". The ending of the article tells the real story -- that he would like to serve in the U.S. Senate once either of the elderly Republican incumbents leaves. And, of course, our current AG relishes the spotlight, so he will be well positioned for the opportunity when it comes.
As a former Young Republican State Treasurer myself, I never thought I would attend an anti-war rally. I was proud to do so, however, when Salt Lake city's Mayor called for one to greet President Bush this past summer. We all know now that the war in Iraq was based on lies, and continues to be supported by more lies. What kind of man addresses a "pro-war rally" when he knows those things? What kind of man invites former U.S. Attorney General John Ashcroft to spoeak to a fund-raising dinner in light of Ashcoft's championing of the Patriot Act and torture? Mr. Ashcroft's "spy on your neighbors" program was the butt of many jokes, but is not really all that funny.
For the record, I agree that the leader of the FLDS church in southern Utah has abused his flock, and that he is a dangerously unbalanced man. Neverthless, prosecuting him for rape is both inappropriate and a dangerous misuse of the law. In his statements, the current Attorney General makes it clear that his distaste for one man is enough to make him bring the power of the State against a whole religious movement which, we must admit, is based on Joseph Smith's teachings.
While our present Attorney General received an award last year from the (gay) PAC, Equality Utah, he has not been a model of tolerance. Under his leadership, the Attorney General's office has filed "friend of the court" briefs in numerous legal actions seeking court approval of religious based morality laws. He is a proud soldier in the "war on drugs", which has criminalized a whole generation of young people; the "war on pornography", which seeks to tell citizens what they can read and watch; and the "war on terror", which is largely an excuse to expand government powers to spy on its citizens.
If anyone has read through all I have said today, you know where I stand; and hopefully you know what to do. Help us get the Libertarian Party back on the ballot; and help me get organized and financed to oppose our present Attorney General when he runs for re-election. There is much to do.
December 1, 2006 -- Today is the official start of the Libertarian Party of Utah Petition drive. We need to gather signatures of at least 2,000 registered voters in order to get our party back on the ballot for the 2008 elections. I hope that it will happen much faster than that, and I have decided that I will be the most successful person in obtaining those signatures. If you can lend a hand, I would sure appreciate your support. Please go the the "Register to Vote" tab on my Home Page, and then follow the link to Libertarian Petition. You can then download a copy of the Petition in PDF format and start getting signatures. those who sign must be registered voters. If they are not, have them register, by using the instructions on my Register to Vote page. when the petition is done (or when you are tired of working on it), please deliver or send the petition to:
W. Andrew McCullough Attorney at Law 6885 S. State St. suite 200 Midvale, UT 84047
This is a great opportunity for those who want to help, but do not know what to do; and for those who might like to contribute, but are short on money. Getting your friends signed up is simple and easy; and it does not cost any more than a $.39 stamp. Questions? E-mail or call me; and pass this on to your friends. Let's start a groundswell.
Please also note that tax season is coming up fast. Please check off the Libertarian Party for a contribution on your State income tax form. The party remains eligible for check off money, and it does not increase your tax amount to do it.
Thanks for all you do; and have a happy holiday season.
November 10, 2006 -- I am very pleased that the "reign of terror" in Washington appears to be over. I truly hope that our new congressional leaders have more concern for individual rights and freedoms, and less interest in telling us how to live our lives. The other day I posted a note protesting the sponsoring by our local radio station of a campaign appearance by Shawn Hannity in Salt Lake City -- the voice of the "religious right" of the Republican Party. I was told by other posters to go to San Francisco and live near Nancy Pelosi. well, we will all be closer to Nancy, now that she is in line to be Speaker of the House; but I am not a Democrat, and not really a liberal. What makes me sad is the attitude of "ethnic cleansing" that seems to prevail in Utah, and other places in our country: "If you are not like us, go away". That attitude is destroying Iraq, where the Sunni's and Shiites each seem determined to rung the minority our of their area. It already destroyed Yugoslavia, where each ethnic or religious group formed their own country and forced our the minorities. Our country is great because we tolerate different politics, different religions, and different ethnicities. I surely hope that tolerance and freedom have come out ahead as a result of the recent elections.
Here in Utah, not much changed. Republicans stayed very strong, and our "senator for life" was routinely re-elected. My former law partner, Rob Latham, got about 3.5 percent of the vote for Salt Lake District Attorney, but our party did not get enough votes to remain on the ballot. I hope to be able to announce shortly that the Libertarian Party is circulating petitions to get back on the ballot for the next elections, in 2008. I am planning to run again then for Utah Attorney General, and to put enough time, effort and money into it to make a substantial difference. Please consider a donation now to my campaign (see Donations page) and/or to the Libertarian Party of Utah, www.lputah.org for the petition drive. It is time to bring the revolution of more personal freedom to Utah. With your help and support, we will do so.
October 21, 2006 -- I recently attended the national ACLU Membership Conference in Washington, DC. It was great fun and very interesting, of course. We listened to Justice Scalia of the Supreme Court defend his "originalist" view of constitutional rights; and heard from many people who are working to preserve our rights against those who would take them away to protect us (from who knows what). I am doing what I can to preserve our freedoms, both in politics and in the courtroom. If you are not yet involved, please do what you can. It is not too late. Please vote, and ask you r friends and family to vote. For those who are not registered, there is one more day to get registered, as Smith's and Dan's stores around the State, on Monday, October 23. You can also volunteer time to help get out the vote, (see www.moveon.org) and it is not too late to make a monetary contribution to one of many groups trying to help this country change its direction.
I have been reading the new book "State of Denial" by Bob Woodward. It is yet another chilling reminder that the country is now governed by those who would lie, cheat and deceive in order to get what they want. It really is time to do something to change this; and it is up to you.
Please keep an eye on this space for announcements after the election; but please do not wait until then to get involved. It is almost too late!
October 3, 2006 -- The big election is getting close, and nationally there is a real chance there will be a change of power in Washington next month. As a long time former Repbublican, it makes me sad to think that my old Party has caused such a mess; and that it is now imperative to replace them. Here in Utah, of course, not much is likely to change. Our (quite) senior Senator, who was elected by telling voters that two terms were enough for any man, is a shoo-in for his sixth term. Republicans, who some see as the de facto "party of God" will do well here as always.
A bright and interesting spot, however, is in the very close race for Salt Lake District Attorney. My former law partner, Rob Latham appears to have enough support to make the difference between the "major party candidates. More power to him. The others fuss that each is a "tougher prosecutor" than the other. I suggest this is really a debate over who can be more "efficiently oppressive" in their efforts to put people in the already overcrowded jails for such things as smoking pot. While I have never tried it, the idea of making it a crime punishable by jail time is totally ridiculous. Please consider getting out and helping Rob with his campaign to bring some common sense into this race, and to stop wasting taxpayer money with such nonsense. I have yard signs at my office. Obviously, he could use some extra money. Please get your friends registered to vote (the deadline is next Monday) and ask them to support Rob. And then let's have some real fun upsetting the "status quo".
Please stay tuned for some real activity in my own campaign for Utah Attorney General, right after the November elections.
September 23, 2006 -- With political season going strong, I am working with my former law partner, Rob Latham on his campign for Salt Lake District Attorney. See his website at www.roblatham.org. He has asked me to help distribute his yard signs. Please come by and get one at my office at 6885 S. State St. in Midvale. And please make sure your friends are registered to vote, and that know he is running. Let's make some noise on this one; and then we will be ready to make our own noise when this election is over.
September 4, 2006 -- Today is Labor Day, which is not only the unofficial start of fall, but also the traditional start of the campaign season. While I am not running for office this year, there is an important election this November; and I urge you all to get involved., My former partner, Rob Latham, is the Libertarian Party candidate for Salt Lake District Attorney. We also have some great candidates for other offices. Please help us build our party and retain ballot status for the even bigger election in 2008. See www.lputah.org for more information.
Lat week was a very exciting one to be in Utah. The President came to Utah to defend his foreign policy to the National Convention of the American Legion. While he was here, he added another $400,000 or so to Orrin Hatch's campaign chest, in a brief appearance at a fund raising lunch. Mr.. Hatch, by the way, campaigned against former Senator Frank Moss by saying two terms were enough for any person. He is now campaigning for his sixth term.
I joined with many of my fellow Bar members, and a number of friends, at a large and noisy anti-war and pro-freedom rally at the Salt Lake City Hall. The main speaker was Mayor Rocky Anderson. I will try and put a link to his speech up on my Articles Page shortly. Some say that Mayor Anderson should be a good host to the President when he is in town. Others say that the rising tide of opposition must be expressed as strongly as possible. Either way, we had a great time; and hopefully our message was heard by many.
Today, with my bills, I sent out a note to my clients asking them all to make sure that they, their employees and their friends were registered to vote; and that they did what they could to take back our country from those who would take away our civil liberties in the name of a little added safety. Last week I was pulled out of line at the Las Vegas Airport and groped by a TSA agent in a "random" effort to increase security. I can't help but wonder if hassling a middle aged lawyer who has never had any legal troubles makes anyone feel safer. The agent seemed amused when I suggested that this was insulting. If you don't see the amusement in having the government attack your civil liberties, now is the time to do something about it. I am already raising money for the 2008 campaign; and others also need your support. Let's give the "neocons" who are running our country into the ground a message this November, and in 2008 as well.
August 1, 2006 -- I am on vacation back east, and am trying out my new laptop. So far, it seems to work OK. I wanted to comment on a few thinhgs that have happened lately, and which affect our freedoms.
Last week a young girl in Salt Lake city was found dead, apparently at the hands of a neighbor. Some other neighbors were angry that not enough effort was made to search every house in the area, despite the fact that this would not have saved the little girl. The police had to explain to a bunch of upset parents that they could not go into people's houses without a warrant; and that probable cause is necessary to get one. It has been my experience that many police do not support this important constitutional right. Now we have an example where many others think that it is only there to protect criminals. I just want to remind everyone that it is times like these when hysterical people are likely to act first and think later; so it is times like these when our rights are most important. I hope you will agree, and will see the continued need to battle for our rights.
Last week also the Utah Supreme Court took a giant step backwards in the protection of our rights. this court has been very good over the years in using the Utah Cosntitution as a means to protect our citizens from government excesses. Now, all of a sudden, they have decided to go back 150 years and look at the constitution from the eyes of the Mormon pioneers who drafted it. Remember that this was a time when slavery was legal, and many of our modern constitutional protections were not solidly in place. The case involved nude dancing as expression. The Court majority (it was a 3 to 2 decision) foiunds the subject matter so distasteful that they threw out some of our most important protections to avoid protecting the dancers. the Utah constitution was written at a time when people were jailed or otherwise punished for simply expressing their opposition to the government. Once again, this is a dangerous tenency, which must be resisted.
For those who have not gotten involved in our fight for freedom, it is important that you do so now. Every day there are attempts to cut back on personal freedom, in the name of the war on terror, the war on drugs, or whatever other war is going on that day. If you let them do it now, it will be harder to do something about it in the future. Please help now.
July 4, 2006 -- Happy Independence Day to all. I am in my office today because I just got back from 3 days in Portland for the Libertarian Party National Convention. It certainly was an interesting experience. The Libertarian Party is a mixture of right-wingers who think the government should have no tax powers, and left wingers who are more concerned with social freedoms. The convention was an opportunity to meet other party members, and talk about what we want from our political system. It was also an opportunity to debate the direction the party is going. In the end, we voted to simplify our platform and remove a number of items which label us as out of the mainstream. I favored this. Some were very unhappy about it. Hopefully, the party will now have an opportunity to project an image that will attract more voters who are unhappy with the other parties. I certainly had fun. Portland is a nice city to visit. We will see if our work accomplished anything.
Well, at least I came home ready to work to change things in Utah. Whether we like it or not, there is an important election coming up soon. We Libertarians need to stay on the ballot by getting at least 2% of the statewide vote for one of our candidates. We need to register a lot of new voters, and we need to teach many people why it is important to vote to protect our freedoms. Lots of things to do. Get in touch with me or the Libertarian Party about volunteering some time to help. You will have fun, and we will do what we can to make the world a better place. And remember it is not too early to donate to my 2008 campaign.
Keep an eye on my Events page
May 29, 2006 -- Hope everyone had a good holiday weekend. I went out to Camp Floyd (west of Lehi) where Johnston's Army camped in 1858, when they came out to "watch the Mormons", for a Memorial Day ceremony and pot luck feast. Always a nice way to honor those who fought for our country. When I came back, I read in the newspaper that Utah prison officials, and the Parole Board, are unhappy with Utah's crazy "Drug Free Zone" law, which makes it a more serious offense to possess drugs near a school or church (try and find a place in Utah County that is not near a church). People are going to prison for long terms for simply walking or driving by a church with drugs; and police often wait until they pass by before they are arrested, to make it more serious. The prisons aren't big enough for all that crap, so maybe this silly law will change. If you agree that we put too many of our citizens in prison or jail for too many silly things, please join me in my campaign to bring some common sense to law enforcement. I am busy preparing for 2008, and I need support in order to make a difference. Please consider making a donation, volunteering to help, or simply getting all your friends registered to vote.
Please also not that my former law partner, Rob Latham is running for District Attorney in Salt Lake County this year (2006), and he also needs your support. If you love freedom, and think the wars on drugs and terrorism too often are used as an excuse for a war on our constitutional rights, get involved now. See Rob's website on my Links page.
Please also come by and say "Hi" at the Libertarian Party booth at Pride Day this weekend. See my Events page for details.
May 9, 2006 -- Life is exciting and hectic as usual. We recently held the Utah Libertarian Party Convention, and we nominated some great candidates for public office. Be sure to check with the Libertarian Party website, and get to know them. We need your support as we work to create a viable third alternative to those who support the are on drugs, the war on free speech and countless other wars which generally have the effect of restricting our Constitutional freedoms. We also held a very enjoyable ACLU annual dinner last week. thanks to those who came; and we missed those of you who did not make it. Look for a summer activity associated with my campaign, and also Rob Latham's campaign for District Attorney. the two other candidates for that office are not friends of freedom. There really is no "lesser evil", so the only real alternative is to stand up and be counted by voting for Rob. See his website and get involved. You might start by something as simple as asking your friends if they are registered to vote. Everyone should be registered, and it is easy to do. Forms are available on this site and from you County Clerk.
My campaign for Attorney general in 2008 is coming along fine. We are receiving contributions and pledges of support from many people. It is not too early to get involved by contributing and volunteering. We will start working in earnest right after this year's campaigns end in November. In the meantime, I will be attending the National Libertarian Convention in Portland this summer, to meet new people and get new ideas on how to be an effective campaigner. With as much preparation and support as we have, it will not be easy to write us off as just another fringe candidate, so let's take this seriously. Our freedoms really are at stake if we continue to elect those who react to every crisis or concern by building up government power.
Please take a look around my site at the things you can do to help, at the interesting articles and quotes I have accumulated, and at the links to people and organizations who are involved in defending freedom. We now have a sign up in our office that says "Not being able to do everything is no excuse for not doing everything you can." why not do what you can. You will feel better for it.
April 17, 2006 -- Well, I have been in the news a bit lately, in an article on Doctor John's in the (Salt Lake) City Weekly, and on the TV news with the effort of the City of Cottonwood Heights (!) to prosecute an escort agency client for doing business without a license. The City prosecutors for both Salt Lake City and Cottonwood Heights are running for District Attorney this year, and you might guess I am less than thrilled at the thought of either of them winning. Once again, please get involved in the political process, as it really does make a difference in the kind of commnity you live in.
The ACLU annual dinner and the Libertarian Party Convention are coming up in a couple of weeks (See Events page). We would love to have you come and celebrate the Bill of Rights with us at either event. The ACLU dinner is especially a fun occasion. Whatever you do,, please do SOMETHING to help us preserve your freedoms. There are so many who would take them away in the name of "safety" or in the name of "decency". Eternal vigilence truly is the price of liberty.
Please remember Rob Latham (Links page) who is running for Salt Lake District Attorney, and please make sure that you and all your friends are registered voters.
I reently received an e-mail from the current Utah Attorney General telling me he will not be holding a fund-raising event for Law Day this year, but offering to come and picket any event I may be holding. With the ACLU dinner and the Party Convention within a week of each other, I have not planned another event right away, But keep watching for an event in the next couple of months, perhaps in connection with Rob's campaign. We will keep wortking on preparing for 2008, and will make our presence felt. My fund raising has been going fairly well, and that is necessary in order to be heard. Now would be a good time for your own contribution.
See you at the events.
March 27, 2006 -- Political season for Utah is just starting up. Last week the "major" parties had their precinct meetings to elect delegates to their county and state conventions. The Libertarian Party will hold its State Convention on April 29 at 10:00 AM in the Salt Lake County Commission Chambers at 2001 South State St. Everyone is invited. This year we will hold our convention to a couple of hours, and will not hold an evening dinner. Many of us will, however, get together for lunch, so drop in and get to know us. The party will be contesting several of the major races including U.S. Senate and all three congressional seats. We also have candidates for most Salt Lake County offices. Perhaps most exciting to me as an attorney is the fact that we have candidates for Salt Lake District Attorney and Washington county Attorney. this shows increased strength and sophistication. Our candidate for Salt Lake DA is our party Chair, Rob Latham, who has a website at www.roblatham.org I hope you will drop by there and get to know him better. We will undoubtedly be doing some campaign events in the next few months, and I will put these events on my Events page. Please also check Rob's site for news, and also see our party website at www.lputah.org We should continue to have lots of fun while sticking it to the establishment.
None of this, of course, means I am taking a breather from my own plans to run for Attorney General in 2008. I continue to receive contributions from attorneys and other supporters, but certainly not as many as I need. I could use your help whenever you can give it. See my Contributions page for more information. and, of course, it is very important that the Libertarian Party receive enough votes this year to guarantee ballot access for the 2008 races. Please make you contribution to the Party on your State Income tax form, and ask your friends to do that as well. If you are not registered to vote, now is the time to get registered. See my Registration page for information on doing that. And please keep watching my Events page for information on campaign events, including a Law Day Activity in early May, most likely in conjunction with the event hosted by the current Attorney General. If you are not worried about your eroding rights, if you don't mind that so many of our citizens are in jail as a result of the war on drugs, and if you think the government should tell us what to watch and what to read, just have a nice day. If these things disturb you as they do me, help us fight back. We will have a lot of fun doing it, too.
March 11, 2006 -- Politics in Utah is warming up again. We are in the middle of candidate filing time, and it looks like there will be some interesting races in Utah this year. So far, not a lot of people have signed up as Libertarian candidates. Hopefully, that number will increase by the end of next week, when filing closes. I keep noticing that there are some local office holders up for re-election, who I am not that excited about. Some of these people may not have opponents, so I am in danger of losing the right to vote in their race. I have found myself thinking about running for a local office, just to make sure there is an actual election. but, I have so much to do to get ready for what I really want to do in 2008, that I will have to pass. I urge those of you who may read this before the 17th, and have any interest, to consider filing for office as a Libertarian, to help build up our party. You will give the people a real choice, and you will have fun.
I have been doing all kinds of fun things. My legal fight to keep Utah free never ends. Lat week the Tenth Circuit Court of Appeals denied our appeal on nude dancing in Utah, but the Utah Supreme Court has had a similar appeal under advisement for two years, and anything is possible. Next week we go to court to stop the Tax Commission from levying a "sin tax" on businesses of which they morally disapprove. There is always so much to do.
Last week I gave a talk to a small group that gets together every couple of weeks to hear from "an interesting person". It is nice to be considered such, and at least a couple of them are encouraging my political plans. This week I was interviewed for a "profile" in the City Weekly newspaper, set to come out next Thursday. Be sure to get a copy, as I think the article on my efforts to fight for freedom should be interesting.
Please do remember to check off a contribution to the Libertarian Party on your tax return. That is the simplest and easiest way to help. It really is not too early to make a contribution to my campaign or buy something from my campaign store to show your support and help raise funds. So many people encourage my continued political efforts. If only half of them contribute or otherwise help with the effort, we will make a big splash.
February 11, 2006 -- Here in Salt Lake City, there is much nostalgia this week for the 2002 Olympics. The huge party we hosted transformed our quiet city into the center of the world for 17 days. Sigh! I even got contacted by the Los Angeles Times to help with a story on another side of the Salt Lake area; adult entertainment. After showing the reporter around to several clubs, the story never ran. But it was fun trying.
Anyway, there is so much else going on. One of my clients who sells adult videos in Salt Lake City had his stock confiscated by the police last week. There will be a big fight over whether the government really should be telling us what to view. I do not personally believe that the government needs to act as our parent in this way; and there really is nobody out there I trust to make those decisions for me. In the meantime, (see latest Articles on this site), Carl Rove has urged Republican candidates for office this year to keep up the effort to scare everyone into voting for more security and less freedom. It is a sad monument to Americans that this type of fear mongering has kept them in power for the last several years in the face of scandal and incompetence.
Today I received a note that an old friend who has previously run for office as a Libertarian has grown tired and discouraged, and won't be so involved in the future. After the 2004 election, I wanted to say I have done my part, I'm getting old, and I should also find something else to do with my time. So many people have expressed their admiration and support for what I do, however, that I most likely am not yet ready to retire from the fight. All we can do is our best, and it never seems to be enough. But if we don't do that, we should be ashamed. So, I am still working for the cause of freedom from oppression. And I am still asking you for your support. Let's continue to do what we can, and to have fun doing it.
January 18, 2006 -- Thanks to the editorial cartoonist for the Salt Lake Tribune who noted Ben Franklin's birthday today with a slightly different version of my campaign cornerstone quote from Mr. Franklin -- See top of my Home page. It is a quote that has popped up with increasing frequency lately, including the debate on the renewal of the Patriot Act, quoted by Senate Minority Leader Harry Reid. It is a statement we should all repeat once in a while, especially when the President says virtually anyhing is OK in our "war on terrorism." As folk singer Chuck Brodsky wrote (see Chuckbrodsky.com -- "Dangerous Times"):
Let us all agree Let us not dissent Let us not ask questions such as Where our freedoms went Let's have a look inside those pockets Let's have alook inside that purse Let's have a look inside that glove box Or someplace maybe worse
And who was in your house While you weren't home And looked in your computer And through everything you own? What did they want to know? Which websites did you visit? What have you learned about them? They want to know -- what is it?
Once again have a nice day.
January 15, 2006 -- Another interesting time over the last couple of weeks. It looks like we will shortly have a new Supreme Court Justice whose record does not favor individual rights. Though he hasn't answered many questions (what has he got to hide?), all the experts say his record tends to side with government power against the individual. What would we expect from someone who has always worked for the government, and who felt it necessary to emphasize his commitment to government power, in all his applications for government positions?
We also have been hearing more about the President's tendency to ignore any congressional restraints on his power, in the name of fighting the "war on terror" (or the "war on drugs", or the "war on pornography", or whatever war seems most important at a given moment).
I am only one little guy, trying my best to fight back when and where I can. Please join me in the never-ending, crucial, (and for right now increasingly desperate) battle to defend our freedoms.
The newspaper recently reported that western music and pro-democracy newspapers are increasingly being shut down in Iran. That's terrible! If only we didn't have a history of banning "offensive" music and speech here in America. See my December blogs for my review of censorship efforts here in the U.S. There is so much to do and so little time. Let's get to work and do what we can. And keep watching this space for news of the "war on freedom", and remember the words of Ben Franklin about freedom and safety which are at the top of my home page. The government increasingly is trying to force us into a choice that should never be made in a free society.
Know somebody not registered to vote? Start there, and get them registered. More soon.
January 1, 2006 -- Here it is, a new year, and an important midterm election year at that. This year I want to get serious about building up my own campaign and getting ready to take a serious message to the voters in 2008. The current Attorney General has already raised thousands of dollars for his next campaign, and anyone waiting until 2008 to start campaigning against him will be at a serious disadvantage. Watch this space, and my website at large, for notices of things we will be doing to get ready. In the meantime, make a conribution (Contribution page), buy something at my store (Campaign store page), order a copy of "Heart of the Beholder" dvd (link at bottom of Home page or on Links page), and be sure to check "Libertarian" for your free $1.00 contribution when you file your Utah Income Tax retrun. Please also keep checking my Articles page, which will keep you updated on the efforts of the government to take away your freedoms, and our efforts to stop them. A new year is an exciting time, as it can be so much better than the last one; and it is an empty canvass for us to paint as we want it to be. Let's get out there, drive them crazy, and have some fun doing it. Tell your friends, and let's spread the message of freedom.
December 18, 2005 -- Merry Christmas (or Happy Holidays) to everyone reading this. I appreciate the continued words of support I receive from many people regarding my little campaign to bring freedom to Utah. As we get into the New Year, there is much to do. Please, if you haven't read my most recent blogs, especially that of December 3, do so now and I won't have to repeat all that stuff here. In order for me to mount a campaign in 2008, I need to build up my campaign treasury (hint); and the Libertarian Party must keep its ballot position by getting sufficient votes in certain races. See the Libertarian Party site -- there is a link at the top of my home page, and on my Links page, for more information. Please also stop by my Articles page for news on the war to maintain our liberties (this nation will always be involved in SOME kind of war -- "These are dangerous times").
This past week was both very important and very interesting. First, Senator McCain forced the President to accept a legal prohibition on torture. The President claimed that we don't do that, but fought tooth and nail to avoid a law against it. Why? (Good question). Second, the U.S. Senate refused to block a filibuster against renewing some of the worst parts of the "Patriot Act". The Article about it on my Articles page even quotes Senator Reid as using my favorite quote from Ben Franklin (near the top of my Home page) about those who prefer safety over liberty deserving neither. For those who don't know much about this attack on our freedoms, there are a number of websites that will explain it (try the ACLU site on my links page). Among the worst parts of this act is a provision which allows law enforcement to obtain personal records from banks, libraries, credit card companies, etc., without anyone telling you they have done it. Then there is the "sneak and peak" provision which allows law enforcement to search your house and not tell you they have even been there. If allowing the government to do these things makes you feel safer, then the current Attorney General would like to have you as a supporter. If this bothers you like it bothers me, then get involved and fight back. This Senate victory is only temporary. The Republicans (not all of them -- 4 Republican Senators and 18 Republican House members including Rob Bishop of Utah voted against the extension) are hard at work on a way to get what they want, and the President has said he will use this against Democrats in the next election, suggesting they are soft on terrorism. If you haven't seen the article quoting the President as saying the Constitution is just a "goddamned piece of paper", check it out under Articles.
Please stay tuned for news on the fight against government oppression and please consider helping out. I can't do much without support, but I am determined to do what I can. Let's all do what we can in 2006, and let them hear us.
December 15, 2005 -- This is a letter I sent this week to the current Attorney General about his employees who are also Deputy U. S. Attorrneys:
W. Andrew McCullough, L.L.C.
ATTORNEY AT LAW
6885 SOUTH STATE STREET SUITE 200 MIDVALE, UTAH 84047 TELEPHONE: (801)565-0894 FACSIMILE: (801)565-1099
December 13, 2005
Mark Shurtleff, Esq. Utah Attorney General Capitol Complex #E-320 Salt Lake City, Utah 84114
Dear Mark: I have recently been working with one of your assistant attorneys general on a drug case. She is one of several, I believe, who are also special assistant U.S. Attorneys. She has sent me a proposed plea agreement in which my client must stipulate to a long prison sentence, and to forgo any right of appeal he may have of any sentencing. The alternative, she tells me, is possible life imprisonment. Obviously, my client must choose carefully, and may have to sign the agreement.
This joint effort with the U.S. Attorney's Office seems to me to be an end run around the Utah Legislature which has enacted indeterminate sentencing. The prosecutor working for your office has an option to go for a much stiffer federal sentence, and to throw in provisions such as a stipulation to the amount of the sentence, and a waiver of all appeal rights. I recently attacked one of those agreements in the Tenth Circuit, without success.
I have often said that, upon my inauguration, this working agreement with the U.S. Attorney=s Office will cease immediately. I ask you to consider terminating the agreement now, and depriving me of ammunition for my campaign. It is a stinking, rotten agreement, and it clearly defies the intention of the Legislature to allow a Judge and the Board of Pardons to determine cases on individual merit.
You will, of course, shortly see a copy of this letter on my website blog.
Sincerely yours, W. Andrew McCullough
December 3, 2005 -- The holidays are upon us, and our thoughts are turned to the many activities of the season. I wish all who read this Happy Holidays (Merry Christmas) and a great New Year. It used to be that this time of year meant a real slowdown of legal work (except for divorces which go up at this time of year). That hasn't happened over the last few years, and there is much to do. Congress stays busy discussing changes in the Patriot Act, and preparing for hearings right after the New Year on our newest Supreme Court nominee. Many of us worry that Judge Alito will not be friendly to individual rights despite his repeated claims that he can put personal feelings aside on such issues. His rulings as an appeals court judge have not been reassuring, as he has often disagreed with fellow judges on the limits of State power. We continue to live in interesting (and dangerous) times; and it is imperative that we continue to be on our guard to protect our hard won rights.
I am currently reading a book on the history of free speech. The other night, I came across a mot interesting story. Up until about 1800, England had a law against "Seditious Libel". This crime was defined as any public or written statement which tended to lessen the affection of the people towards their government! Those convicted of this crime were placed in a "pillory" (a locking device to hold people for punishment) in a public square, and people were encouraged to throw garbage at them. It seems that under such a law, I might spend a lot of time having things thrown at me. Thankfully, our own founding fathers determined that the right to express grievances against our government should be protected in our Bill of Rights.
I continue to hope that those interested enough to read this blog will help out in my little campaign to support freedoms right here in Utah. One thing that would be easy to do is to find the new link to "Heart of the Beholder" on my Links page (or at the bottom of my Home page) and order a copy of this fascinating independent film telling the story of a video store run out of business by those determined to censor (More details can be found in my blog from June 7 of this year, but the link has changed). This would make a great gift, and a small part of the purchase price will go to support my campaign. The fight against censorship continues to be very important, as those who censor will appeal to morality and decency in their attempts to stop messages with which they disagree. Those who work to increase government power at the expense of the indivividual are mostly decent people who are trying to do "the right thing" as they see it. The problem comes when they claim to be the ones who know what is right and good for us and to discount our contrary point of view.
Please also consider the simple act of checking off a $1.00 contribution for the Libertarian Party on your 2005 Utah State Income Tax form this year. Our party relies heavily on this for our operating expenses, and it is so quick and easy! Please note that my friends in the Personal Choice Party have decided not to accept such contributions, and will return any money received to the State treasury.
As we go into the new year, I continue to work to put together a campaign, and to raise money. Please consider a small contribution and I promise it will be used carefully to support your individual rights.
November 11, 2005 -- This morning I listened to the President defend his record on foreign policy during an hour long speech to a veterans group in Pennsylvania, to mark Veteran's Day. He accused hie detractors of trying to "rewrite history" and distort the reasons for going to war in Iraq. Once again, it seems so simple to me. He and his government officials told us they were ABSOLUTELY SURE that Iraq had weapons of mass destructions and that there was NO CHOICE but to attack, as he WOULD NOT DISARM. He still refers to Iraq's refusal to disarm as the reason for going to war, when there WERE NO SUCH ARMS and DISARMING WAS THEREFORE IMPOSSIBLE. Who is trying to fool who here, and why does "the big lie" continue to work for so many people?
Last night I went to a disturbing movie called "Good Night and Good Luck" about the feud between Edward Morrow of CBS TV and Senator Joseph McCarthy, who was the master of the "big lie". It was disturbing because our government is still trying to use an external threat (only the enemy's name has changed) to manipulate the people and to stay in power. The fact that the current Utah Attorney General invited former U.S. Attorney General John Ashcroft, one of the worst of the manipulators, out to Utah this year to speak at his fundraiser shows the way he thinks. If you value your freedoms, and are tired of the same old lies told to keep you in line, then it is time to get involved in working for change. Help me out, and together we will make a lot of noise.
The fact that I disagree with the President does not mean I am not a patriot. I disagree because I think we are making some big mistakes. The President, for instance, says we do not torture prisoners. But he threatens to veto a bill in congress outlawing such torture, because it limits our options. Senator Frist is angry that somebody is talking about secret prisons where unlawful activity is likely to be going on; and he is not so angry at that unlawful activity. shame on them, and shame on us if we let them keep doing this.
Happy Veteran's Day. Fly the flag and fight to retain your freedom
October 31, 2005 -- Well, here we are on Halloween with something to be really scared about. The President today nominated a very conservative Appeals Court Judge from the Third Circuit to the Supreme Court. Judge Alito is often compared with Justice Scalia, only one of two Supreme Court Justices who do not think exotic dancing is a form of speech with First amendment protections. This is the judge that many people also hope will provide the deciding vote to once again make abortion a crime, and go back to telling us what we cannot do in the privacy of our homes. I think it is a disaster from a President who deals them out fairly often. When I expressed this today to some attorney "friends", here is one reply I received: "I think this is a result, in part, of all those fucking Libertarians who don't choose a side and therefore split the vote." Well, I don't see it that way. If the Democrats did a good job of protecting our freedoms, I would be one, but they don't. How many of them voted against the Patriot Act, or voted against funding the invasion of Iraq? Almost none. In Utah, they opposed our efforts to end civil forfeiture, and they continue to support the insane war on drugs.
Anyway, another friend, another Democrat, sent me a note today wondering if there is anything we can do about the way the religious right is ruining our country. My answer to her is whatever we do may not be enough, but we must all do what we can. I continue to do what I can, and ask that those of you who read this consider doing what you can. Let's get involved and protect our freedoms the best we can. At least we can look at ourselves in the mirror and say we tried.
Today I also read a very interesting article in Esquire Magazine about the campaign of the Religious Right to teach "intelligent design" in our schools, and to replace science with religion. If you are not aware of this movement, find out more about it, and once again do what you can. Another fright, and unfortunatley tomorrow it will NOT all be over.
October 30, 2005 -- We are certainly living in interesting times. First, an update on my own run-in with the Patriot Act. It appears all my bank accounts are once again functioning, but it took several days and repeated contacts with my banks to get everything cleared up. It was quite an eye-opening experience to know that my bank might at any time decide that my transactions (all in accord with Utah Bar rules for attorneys) were "suspicious", after being an attorney for 31 years. My friends in the ACLU tell me that while I am not alone in this, it usually happens to people with Arab sounding names. Welcome to another period of "dangerous times" when the right of the individual to be left alone by the government are sacrificed in an effort to increase security (See statement of Ben Franklin on my home page).
The President's pick for the Supreme Court pulled out, after failing to convince almost anybody of her qualifications. The strongest opposition seems to have come from the right wing, who wanted someone who would be clearly committed to overruling Roe v. Wade (the right to an abortion as part of the inherent right to privacy). If the President gives in to those demands, hopefully he will create an even bigger storm from those who do not want the government to have the power to interere with such initmate decisions. In the meantime, one of the President's top aides was indicted for "throwing sand in the face" of a Federal prosecutor who was appointed by congress to find out if government officials had illegally disclosed the identity of an undercover CIA agent, in an effort to punish her husband. And this week there is additional news of a Federal anti-porn "war". The various "wars" declared by our government, like the "war on terrorism", the "war on drugs", the "war on pornography" and so many previous "wars", rack up many innocent victims, including free speech and the right to privacy. If you agree with me that it is time to be really concerned about what our government is doing TO US, please join my little fight to preserve freedom. We can use all the help we can get. If you don't yet see the danger, you will, hopefully before it is too late.
October 19, 2005 -- Today I received a shock in the mail. The bank in which I have my general office account announced it was closing my account. No reason was stated. I promptly went down to their office and was told that it appeared to them that there was a pattern of "suspicious activity" that has been reported to the government pursuant to money laundering and or "Patriot" act. The "Suspicious" activity was the regular transfer of money from my trust account to my general account for fees, as earned (and as required by the Utah Bar); and then the further transfer of some of that money to my own personal account. When it was explained to them (in not very polite language), they reversed themselves. I will still be looking for a new bank soon. They say they tried to call my office before taking this action; but we have 24 hour voice mail, and two good secretaries who DO take messages. I have to admit, I was both very angry and more than a bit plain scared that my government has my bank spying on me like this. My secretary says that now that we know the government is watching my account, it is a perfect time to make our contribution to the Marijuana Policy Project. I think she is right (and maybe the ACLU, etc.).
Speaking of the MPP, I received an e-mail today from them reporting that a medical marijuana patient in a Canadian hospital (there to avoid U.S. restriction on it) was recently taken from his hospital bed and driven to the U.S. border to return him for prosecution for growing his own medicine. The efforts of our government to watch us all, and to see that we behave "properly" have never hit home to me as much as they did today. If you haven't heard from them yet, chances are that you will.
Have a nice day.
October 8, 2005 -- Lots has happened lately. The President has nominated a second Supreme Court Justice, and it seems nobody, either right or left, thinks she is particularly qualified. Her main qualification appears to be "loyalty", something that our President deeply appreciates. Whether that means that she will do what she is told remains to be seen. But it does appear that the Court will continue their drift towards honoring government power at the expense of individual rights. That reinforces once again what I have been saying here -- that Utah needs a new Attorney general who will fight for the rights of the people instead of for more government power.
Keep you eye here, and on my Articles and Events pages in particular, for news of what we are doing to keep up the fight. And it is not too early to volunteer to help or to send in a donation. I am way ahead of previous attempts to raise money, and this time we will make a lot of noise!
More soon.
September 23, 2005 -- Today I had a court hearing in Federal Court where a client was accused with possessing drugs with intent to distribute. Federal sentences are much longer than State, so it is not unusual for a State Prosecutor, who has been also deputized as an Assistant U.S. Attorney, to bring charges in Federal Court to put pressure on the Defendant (for a number of reasons). The Court decided to hold my client pending trial because he apparently is using drugs (for his own good?)
In the hallway, I approached the prosecutor, (who actually works for the Utah Attorney General) and told her I though it was unfair for my client to be detained for his USE of the drug. Once again this seems so simple to me. If there is any legitimate reason to arrest a pusher, it is because they hurt other people by making them victims. WHY then do we ARREST THE VICTIM? She looked at me like I was crazy, and said something to the effect that it was more complicated than that and I didn't really understand. In this, she is no doubt right. I have been an attorney for 31 years, and I DON'T UNDERSTAND WHY THEY ARREST THE VICTIMS! DO YOU?
This drug war has got to go! And THE FIRST THING I will do when I am elected Attorney General of Utah is to eliminate the program where Assistant Utah Attorneys General are made Assistant U.S. Attorneys so they can put people in jail longer. The Utah legislature does not like drug users, but their penalties have at least SOME semblance of reason. Federal penalties have no relationship to reason at all! The Utah Attorney General should live with Utah penalties, at the very least; and he should be trying to replace prison with treatment! Did you read the recent story in the newspaper that our state prison population will soon have to release 200 inmates early because there is no room for them? I have some ideas about how that can be avoided -- don't arrest the victims!
If you agree with me, do something to help!! I am trying to bring some reason to our legal system, and I can't do it alone. See the rest of my site for ways to help out, and please do it soon. Look back on my blogs to see how hard our current Attorney General is working to raise money to stay in office. And then help me tell him to go do something else!
JUST A NOTE IN PASSING -- If you have not read my BLOG for June 7, please go back and do that and order the movie about free speech. I get a small slice of that money for my campaign, and it is so painless.
September 4, 2005 -- Last week was a bad one. Let's hope that this one is much better. To start with, all of our hearts go out to the victims of the hurricane in the gulf coast region. I spent a week in New Orleans this summer, much of it in the Convention Center recently featured so often on televiswion; and I am so sad for that city and others nearby. My two secretaries made it an office project to donate to hurricane relief, and I encourage you to do so as well.
It was also a terrible week in Iraq, with the stampede that killed almost 1,000 people at a religious parade. My thoughts and prayers are also with those in that country who continue to suffer from the ongoing war.
Last night I got a call at 2:00 AM to tell me that the Chief Justice had just passed away. Boy, that certainly heats up the domestic political scene as well. The President wants to remake the Supreme Court in an effort to rein in civil liberties and advance his agenda of a more religiously oriented society. As someone who supports individual freedom (and is also an active church goer), and believes that our Consitituion protects us from government interference in our lives, I am more nervous all the time.
All we can do is our best. Let's all donate to help those less fortunate, and then please consider donating to help protect our freedoms. Last week I was greeted in court by a prosecuting attorney who told me his donation check was in the mail towards my campaign. And it was! It will take a lot of such small donations, however, to match one $1,500 donation to Mark Shurtleff's ongoing campaign (see previous blog entry). Everywhere I go, people stop me and encourage me to keep up the fight. As of now, I intend to do so. But it would be so much more effective if I had active support, even at this early date. Give it some though, and tell your friends to spread the word. In the immortal words of the Civil rights Movement from the 1960's: "FREEDOM NOW!"
August, 2005 -- I just returned from a nice vacation in New York, and am scrambling to catch up on work which piled up while I was away. One of the items I received in the mail was a contribution request from our current Attorney General. It seems he is sponsoring a day of "trap, skeet and target shooting" at the Browning arms HQ in Morgan. The suggested contributions run from $1,500 to $10,000 for the day; and checks should be made out simply to Mark Shurtleff. No indication accompanies the invitation as to exactly what the funds will be used for.
I want to remind everyone here that I like Mark as a person and always enjoy our time together (debates). But it honestly bothers me that it is so common for a high ranking State official to raise LARGE sums of money, without restriction, using his office as a launching pad. Assuming that this money is for his reelection campaign, it is still a long way off, and potential challengers will be at a substantial disadvantage in raising money if they wait until a year or so before the election. Of course, we really don't know if this is campaign money at all, as nothing in the invitation confirms that.
Anyway, this example of "Utah politics as usual" bothers me enough to mention it here. I do not begrudge Mr.. Shurtleff his opportunity to raise campaign funds, though I do think he should be clear that this is a campaign event. I assume that I received this invitation because I am a registered lobbyist with the Utah Legislature, and that other lobbyists for various special interests also received it. Is there a hint here that access to government officials can be easily purchased in Utah? If that is the message being sent, it is not one that I am terribly comfortable with.
I have been approached by many people over the last few months and encouraged to keep up my own little campaign to change the way things are done in Utah; and so far it is my intention to do so. Several people have indicated a willingness to support my efforts with contributions (though none have suggested amounts near $10,000). Not so many have actually made those contributions. If you are one of those who are considering making that kind of commitment, please remember how far ahead Mr. Shurtleff already is at this early date, and make your contribution now. See my Contributions page for details.
And if you have not yet read my blog for June 7, and purchased the DVD I mentioned at that time, that is a particularly easy way to start getting involved.
Thanks for staying tuned.
July 23, 2005 -- Greetings from New Orleans where I am attending the ACLU National Convention. It has been a great expereince as usual, learning a lot and meeting some great people. Bourbon Street is quite a fun place; and the nearby streets have many art galleries and neat entertainment places as well. We have heard the former President of Ireland talk about International freedoms; the Catholic Nun who wrote "Dead Men Walking" talk about her campaign against the death penalty; and some good discussions on thing such as Church-state relations and the efforts to both strengthen and cut back on the Patriot Act. It has certainly made me more determined to do what little I can do to help make the world a little more free, and continue the fight against those who would tell us what to do, how to think, and what we can read and view.
Just before I left Utah, I went to court and was called up to the bench afterwards buy the judge who just wanted to tell me he had voted for me last year, and to keep up the good work. Everywhere I go, I am encouraged to believe that I can really help affect the debate on legal issues if I can get organized and get my messae out. I certianly intend to keep trying, and I count on your help in doing so. More when I get back.
July 14, 2005 -- I have been getting a number of comments on my blog, pretty positive. Thanks to those who tune in from time to time to catch my view of the world. For those who do not keep up regularly, please do go back to my blog of June 7, and consider following up on my invitation there.
This week's big political news is that Karl Rove, the President's political advisor and Deputy Chief of staff is the one who exposed Joseph Wilson's wife as a CIA agent, apparently as punishment for her husband publicly disagreeing with the President on Iraq's WMD program. The President has promised to fire those responsible, but apparently will not do so. Republicans are saying that if they can just wait until the President picks his new Supreme Court Justice, this will all fade awy. What bothers me most is not whether he broke the law in naming Mrs. Wilson, but the fact that he has sat there quietly for two years and watched the government spend millions of dollars trying to find the leaker; while the Presdient has said there was no chance he was involved. Lying apparently is not a big vice in the White House, so long as those who lie go to church on Sunday. That really offends me. As a Libertarian, I think jail is overrated as a remedy for wrong doing; but this guy really needs to be fired. If you agree, see my link to moveon.org on my links page, and sign their petition to get him fired.
I also continue to get positive comments on my own continued political involvement. And I ask myself : If I don't give the voters a real choice on how the government's legal affaits should be run, who will? So far, I don't know, so I am working away to make a real difference next time around. If you agree with me, please tell your friends, and stay in contact. Together, we may just surprise some people.
Next week I will be in New Orleans for the ACLU convention. I will try and find a computer there to write about my adventures. It should be interesting.
July 7, 2005 -- The following is a letter I sent today to Doug Wright at KSL in reply to comments he made ins support of current nationalk policy.
This morning you quoted part of an editorial from the Deseret News, and then added your own comments. The combined thrust was that the bombings in London should unite us all to be resoluste in the "war on terrorism", and spectifically in our support for the war in Iraq. Many intelligent people think the war in Iraq is the wrong war, for the wrong reason, at the wrong time. Thus, supporting that particular policy will not defeat the real enemy; and may be counterproductive, as we put our resources in the wrong place. The comment that Spain was wrong to withdraw its troops from Irag after a similar episode misses the point: that putting the troops there in the first place was a bad idea which did nothing to make the world a safer place. We all support government efforts to make our country safe -- provided that those efforts make sense and are properly focused. If the policy is wrong, then bombings in London do not make it right. Now we wait for the next stupid government move, which will probably be something like a statement from the President that the bombings show that we need to strengthen the "Patriot Act" to make it easier for the government to spy on us.
W. Andrew McCullough 2004 Libertarian Candidate for Utah Attorney General
July 2, 2005 -- Yesterday was another very interesting one. The retirement announcement by Justice O'Connor will set off a major power struggle. the President has said he wants to appoint another Justice like Scalia and Thomas -- those who would return us to the stone age and allow the State to tell us what to do in the name of morality. This needs to be resisted, and hopefully it will wake up many who are doing nothing to protect their rights. Consider joining the ACLU or getting involved with www.moveon.org to help in the struggle. and don't forget to support my little efforts to bring sanity to the legals system of Utah. Look around the site for ideas on how to help. I continue to get many words of encouragement about running another time for Attorney general, and it is now my intention to do so. My opponent is raising money already, and I will increase my efforts to do likewise, and to run a serious campaign for this office in 2008.
Yesterday I was interviewed for an hour on KRCL Radio Radioactive program about mandatory seat belt laws. I expressed concern that police will use this as another tool to attempt to search your car fro drugs or whatever it is that they are looking for these days. I understand that is archived on their website if you are interested. Anyway, the events of the last couple of days remind us that we have so much to do to protect our freedoms. Please get involved and do what you can.
June 11, 2005 -- An eventful week. For those who may be reading this but have not read my blog for June 7, please do so first.
Anyway, this week I became one of several plaintiffs, including the ACLU of Utah, two bookstores, a couple of internet providers, and others, who filed suit in Federal Court against the Utah Attorney General, who has been told by the legislature to set up a list of websites which are contain material "harmful to minors", so those deathly afraid of being offended might ask the State to block them. For more information on this lawsuit, see my Articles page. I am impressed that the ACLU has brought in two of the experts on internet censorship to serve as counsel in this matter; and I am certainly proud to be involved in the effort. I will keep you posted on how things go.
Last night I hosted my 2005 summer edition "First Amendment Tour" of Gentlemen's Clubs in Salt Lake City. We had a nice group (though not as large as I had hoped) and a fun evening. We had originally intended to start the tour at the City's only downtown Gentlemen's Club, the Crazy Goat, to participate in their celebration of their recent Court victory which allows them to stay open. They had plumbing problems, and had to postpone their party. Keep your eye on my Events page for an announcement of the Crazy Goat victory party; and also for a fall version of our famous First Amendment Tour, probably in September. In the meantime, please continue to fight for our freedoms. In the present atmosphere, it requires a constant effort. In the words of John Dickinson in the movie "1776", "these are dangerous times."
June 7, 2005 -- It has been a long day, and it has been a disturbing one. On Monday, the Supreme Court allowed the Feds to arrest medical marijuana smokers, even though they have the State law on their side. My sister died of cancer 2 years ago, and, for the months before her death, she used marijuana to help her eat, when she could not eat any other way. People who supplied it to her risked jail, as did she for using it. Tomorrow I will pay my dues to the Marijuana Policy Project which is fighting these unjust laws, and I urge you to do likewise. There is now a link to the MPP on this site. Please consider using it.
I also spent the evening watching a brand new and very disturbing movie on DVD. It never was in theatres because it apparently is too controversial, and had to be made by a small independent filmmaker who has had a terrible time distributing it. It is the true story of a family in St. Louis ruined by those who |