Borgosblog

Because citizens should come before government.

[borgosmn]

Civil Rights

When I think of civil rights, I initially think of a time when school lessons that encompassed a handful of heroes whose messages were reduced to “I have a dream.” Something very important was missing from those lessons - that there was (and still is) an ongoing civil rights movement. Untold numbers of people were (and still are) standing up and courageously joining the potentially fatal strife for access, opportunity, and escape from poverty. Looking back now, my leg up in life was apparent when compared with many of the kids in Cloquet, but that realization didn't hit me until later in life.

I didn't see the nature of the ongoing poverty and discrimination problem in part because of the school system that taught civil rights as a history lesson rather than a continuing social studies narrative. Our nation’s legacy of institutionalized oppression carries forward to this day in forms similar to those that brought the Civil Rights Movement.

The Civil Rights Movement should not simply be a subject in history class but should be a constant education in social studies. The Movement has now branched out into issues of privacy, equality in choosing a life partner, and the right to a fair trial.  The Attorney General should be vocal in protecting these and other basic civil rights.

A Little Privacy, Please

Freedoms infringed on by government or circumstance limit options and opportunities.  Minnesotans face very real problems that stifle our access to progress. Privacy is one of the most inherent and important freedoms we have.  In Minnesota we recently faced warrantless cell phone data nabbing by Stingray and Kingfish data programs, the capture and suspicionless surveillance of license plates at the Mall of America, and the endless tirade of data breaches that have plagued us from Jimmy John’s to Sony Playstation. With today’s technology, everywhere we go and anything we do creates data that becomes a virtual tattoo, and is used, at will, with only a click-through End User License agreement to which Facebook and other applications force users to into.  

Two cases, United States v. Jones and Riley v. California, illustrate missed opportunities for the State of Minnesota.  

In Jones, a tracking device was placed on a vehicle outside the boundaries delineated in a warrant.  The government argued that placing tracking device on someone’s vehicle was not a search under the Fourth Amendment. Despite the Court finding the placement to be a search, the tracking device was a major invasion of Jones’ privacy.

In Riley v. California, police searched a man’s personal cell phone without a warrant, and then attempted to incriminate him without any semblance of due process. No briefs in support of privacy were filed by the State of Minnesota. The Supreme Court’s decision was 9-0 in favor of individual privacy for electronic devices.  

Our current Attorney General should have been right alongside decisions like Jones and Riley, driving the conversation to protect personal privacy and liberty. I will do just that.

The feeling that you are constantly watched negates dignity. I will pursue companies that negligently lose data, ensure adherence to laws relating to the warrant process for electronic communications, and support legislative efforts to expand laws respecting Minnesotans and their need for privacy. By supporting legislation, utilizing the constitution, or advocating in federal cases, I hope to expand the concept of privacy to better encompass our digital footprints. The State should afford us complete control over our digital selves.

Love is the Law

If the government takes any stance on marriage it must allow equal access. Until now, the Minnesota Attorney General’s Office has not taken the proper steps. Same-sex couples wanting legal security, protection for their children, and control over each other’s medical care should not be treated differently in the eyes of the government.  Minnesota needs to be the state that stands up for this concept. Opportunities for Minnesota to advocate for marriage equality have been lost in the past by not standing with other Attorneys General from around the country. In Rainey v. Bostic, Massachusetts Attorney General, Martha Coakley, led the charge with Attorney Generals from states recognizing marriage equality, along with states that do not.

"Based on our collective experience, the Amici States can attest that marriage equality has invigorated the institution. After more than ten years of marriage equality, we understand its implications: more couples who love one another are free to marry; more children are able to enjoy the benefits and protections that attend their parents’ marital relationship; more families enjoy the privileged status and security conferred by civil marriage; and more communities benefit from the stability marriage facilitates. The institution has not suffered or been fundamentally altered. Nor has marriage equality diminished the privileged status of marriage in our society. It is time for marriage equality nationwide."

Beyond pointing out the unconstitutionality of denying same-sex couples the right to marry, the brief also identified the practical effects and harm of the continued exclusion of gay and lesbian couples from the institution of marriage. Social, economic, and legal denial of essential rights such as inheritance, health care benefits, and the filing of joint tax returns all contribute to a second-class status resulting in social and physical harm. 

I saw firsthand the damage that this kind of discriminatory policy has on people, but I also saw steadfast and enduring love despite the discrimination.  Two people very close to me, Gary and Tim, exchanged vows over a decade ago and continued to live in Minnesota without recognition of their marriage. When I joined them at the capitol building to await the Minnesota Senate vote on the marriage bill, I was one of several hundred people gathered to uplift human dignity in unison and declare that Love is the Law. We watched on a closed circuit TV in the cafeteria as the Senate took their vote, and I felt the air shift in the room - followed by exclamations of joy echoing down the halls from the rotunda.  When afforded the same freedoms, people can focus on living their lives and fully benefiting society rather than concerning themselves with the fight for equal rights.

They’re Trying to Build a Prison

Along with the fight to end sexual and gender identity discrimination, there is a fight to end discriminatory law enforcement practices.  The Minnesota Attorney General’s office should interject itself into places where law enforcement oversteps its boundaries and should hold governmental officials to the same standard as the people they represent and serve. Discriminatory law enforcement practices have congealed to constitute what Michelle Alexander and others call “the New Jim Crow.”  The United States has the highest incarceration rate in the world, another terrible reminder of how far we have gone to criminalize our society.

According to “One in 31, The Long Reach of American Corrections,” a Pew report released in 2009, 1 in 31 citizens are currently under some type of correctional control, a statistic follow-up reports confirmed.  (See http://www.convictcriminology.org/pdf/pew/onein31.pdf)

A recent report by the ACLU reported blacks in Minneapolis were:

11.5 times more likely to be arrested than a white individual for marijuana possession;

8.86 times more likely to be arrested than a white individual for disorderly conduct;

7.54 times more likely to be arrested than a white individual for vagrancy; and

16.39 times more likely to be arrested than a white juvenile for curfew/loitering.

(See also: http://www.aclu-mn.org/news/2014/10/28/aclu-releases-data-showing-racial-disparities-low-level-arre)

During my time as board chair for Minnesota NORML, we sponsored a study to look at racial disparity of cannabis arrests.  Minnesota 2020 found that, although use rates were similar, the disparity in enforcement was quite different. In 2011 blacks were 6.4 times more likely to be arrested for cannabis possession than their white counterparts.  (See Minnesota 2020’s Collateral Costs Report: http://www.mn2020.org/issues-that-matter/economic-development/collateral-costs-racial-disparities-and-injustice-in-minnesotas-marijuana).

The roots of the problem go deep and some rest in failed drug prohibition directly resulting from racist and discriminatory practices of the early 20th century. For those targeted by the prison industrial complex, the failed drug war is a sure fire way to stamp them for the rest of their life. The drug war and the “New Jim Crow” are driving poverty and oppression.

Even an arrest for a low level offense can make someone a negative economic unit within their community.  I saw Minnesotans marched through the court system who walked out the other side branded for life.  Most of them would not have seen the terrible unemployability and disenfranchisement if they were born into privilege or with a different color of skin.

I will be an Attorney General who is willing to publicly acknowledge these trends and move to resolve them. Like Attorney General Koster of Missouri, I would disclose these issues and statistics on the Attorney General’s website. A good Attorney General openly works to end these types of disparaging trends. I will fight to put an end to this system that cripples and impoverishes our citizens.

The Right to an Attorney

“They are to govern by promulgated established laws, not to be varied in particular cases, but to have one rule for rich and poor, for the favourite at court, and the country man at plough.” -John Locke

Unable to afford an attorney for his defense, Clarence Gideon received justice; the justice a person comes to expect from a drastic lack of funds. Gideon was found guilty for a felony charge in Florida and was to be sentenced after being pushed through the court system without a lawyer.

Minnesota’s very own Walter Mondale stepped in risking political suicide to stand by Gideon’s right to an attorney. I absolutely believe he made the right decision. Criminal law and procedure are convoluted enough to trip up even trained professionals, so anyone without a legal background is effectively doomed without a lawyer. The decision in Gideon is what probably led to the later decision in Miranda, and thus the Miranda warning of “you have a right to an attorney; if you cannot afford one, one will be appointed for you.Gideon went back through the lower court with an attorney and was found not guilty. Walter Mondale's efforts were heeded.

But today, over 50 years after the decision in Gideon v. Wainright, the right to counsel is still impaired.  Gideon would probably not qualify for a public defender under the current rules, and this is a serious problem that exacerbates the widening justice gap between those who can afford defense and those who cannot. Eyewitness misidentification, improper or unvalidated forensic science, false confessions, government misconduct, biased informants, and just plain bad lawyering give real reason for requiring adequate representation. While Justice Black probably never could have foreseen the massive expansion of mass incarceration. Since 1963 incarceration rates have exploded prosecutions have expanded because of the war on drugs and tough on crime measures.

As Attorney General I will remain vigilant in looking for opportunities to persuade the court on breaches of Gideon’s protections but I will also go a step further suggest the legislature adopt the The Brennan Center for Justice at NYU Law School’s “Eligible for Justice” recommendations for fixing these issues. (See: http://brennan.3cdn.net/c8599960b77429dd22_y6m6ivx7r.pdf).

Additionally, I would recommend the Supreme Court revisit the issue of non-attorney licensing to aid in providing more equal access to justice.  The Minnesota Paralegal Association recently released a paralegal certification program, which offers a credential to educated and seasoned non-attorneys in an effort to confirm their competence in legal practice. Arizona, California, and Washington all have implemented limited licensing programs for areas such as family law and bankruptcy.  There is no reason Minnesotans need to be denied access to justice because they can’t afford a lawyer, when there are professionals available to help them.

The work to solidify the law’s foundation in human dignity and respecting autonomy is  continuous. Freedom requires security in one’s personhood and autonomy. Freedom is not an unattainable ideal. It is a concept that drives an individual’s ingenuity, creativity, and ability to produce solutions for society. Freedom cannot be bolstered when legal measures leave a person cabined in, surveilled, and unable to live life to its fullest.  The government’s role in upholding civil rights is the most important one, and must be guided by the constitution. As Attorney General this will one of my top priorities.

[borgosmn]

Transparency & Accountability

From the start, my campaign has pledged to make the office of Attorney General more transparent than ever, by releasing all public data by default instead of only releasing public data after individuals request it via the Data Practices Act. To highlight the need for such a policy, our campaign filed a number of Data Practices Act requests with various government entities in an attempt to obtain public information that we believe should have been published prior to our asking for it, due to the fact that the information is in the public interest.

“Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both” - James Madison

In a constitutional democratic republic such as ours, it is absolutely essential that the general public be aware of what the government is doing. As the Declaration of Independence points out, in order to secure our unalienable Rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. If we, the governed, do not know what our government is doing, then we have no ability to consent to their actions.

The Minnesota Government Data Practices Act affords all of us a great deal of power to inspect data created by government employees and entities. In fact, it is used quite often to allow individuals and organizations the ability to gain insight into what our government is doing. Citizens can make these requests and take them to the press or their elected government officials to bring about change.

It shouldn't be the duty of the citizen to publish the data they obtain via a data practices request. This is why I believe it is best to publish all public data upfront, so that all citizens and organizations can use the information how they see fit, without having to enter the bureaucratic realm just to participate fully in politics. We made several requests and are releasing them here in the public interest.

Police militarization: In response to the actions of the St. Louis County Police in Ferguson, Missouri, we first released our data about police militarization in an earlier post titled, “Police Militarization II: Civil Rights Crisis.” We independently obtained this data and released it the same day that the Star Tribune released results from a similar request. We followed up on the request in an attempt to obtain the justifications given by the local police departments when applying for Pentagon war gear.

We discovered that the Hennepin County Sheriff's Office is the only law enforcement agency that the Minnesota 1122 program has verified to receive war gear at a reduced cost. However, the justifications submitted to the Minnesota Law Enforcement Support Office (LESO) contain information that relates to the assessment of threat and vulnerability in a specific jurisdiction and therefore are classified as security information as defined in Minnesota Statutes, section 13.37, subdivision 1 (a). Therefore, the data is not public. Police departments in other states have used these assessments to claim annual pumpkin festivals require armored vehicles, so we believe keeping this kind of information secret is wrong.

Opaque Board of Pardons: Because the Attorney General sits on the Board of Pardons, we decided to do a data request to the Board to see how Lori Swanson has voted these past four years. We were quite alarmed to discover that no minutes are created or exist for these meetings. Being one of three officials who decides whether or not a person is pardoned is a major responsibility and not having the votes from this panel made public is poor public policy.

If I am elected Attorney General, I will take the minutes for the Board of Pardons myself and will release them to the public immediately on the Attorney General's website. Ghostwriting flawed legislation: While conducting research into the Attorney General's role in the Minnesota Legislature, we were notified that Lori Swanson's office contributed heavily to the synthetic drug legislation advocated for by the Board of Pharmacy this past session. In order to gain a deeper understanding, we decided to do a data request with that Board. We obtained a draft copy of the synthetic drug legislation, which we are providing to the public for the first time below.

Particularly concerning is the definition of “drug” that was laid out in the first draft: “the term 'drug' shall also mean any compound, substance, or derivative—whether described as tobacco, herbs, incense, plant food, food, nutrient, dietary supplement, spice, bath salts, or any blend thereof or similar description—which is not regulated or approved for human consumption by the United States Food and Drug Administration or specifically permitted by Minnesota law.”

This definition of the word “drug” is so broad and vague that it is not understandable for the average citizen. In constitutional law, a statute such as this could be considered “void for vagueness” and unenforceable because of its overly broad and vague nature which encompasses all substances known to man that are not approved by the FDA. In continuing with the “void for vagueness” theme of this legislation, the synthetic drug legislation also enables the Board of Pharmacy to collaborate with the AG's office to issue cease and desist orders against any business that is deemed to be selling any substance that has a similar effect on the body as any Schedule I or II substance.

This section of the legislation was defended by the Board of Pharmacy's executive director in committee hearings even though other testifiers explicitly noted that stores such as hardware stores or gas stations, which sell paint and adhesives, could be served with a cease and desist order because these substances can mimic Substance I or II drugs if huffed.

If elected Attorney General, I would not ghostwrite legislation for government agencies, especially legislation that includes increased budget allocations to the AG's Office and the arbitrary authority to shut down Minnesota businesses that my Office, along with the Board of Pharmacy, disagree with. The fact that the AG's Office is ghostwriting legislation should not be a secret that is only discoverable by individuals who do data requests. #HandsOffAngela: County prosecutor refuses to release emails: The last in our series of data requests was filed with the Lac qui Parle County Prosecutor Richard G. Stulz, asking him for “any and all data that document his discussions, documents, and communications about cannabis.” This was done as part of our ongoing quest to bring justice to Angela Brown, who is being charged by Mr. Stulz' office with child endangerment for providing cannabis hash oil to her teenage son to alleviate symptoms from his traumatic brain injury.

The first problem we ran into was the fact that his e-mail address was not publicly available on the County's website in order for us to send him the data request. Not only is his email address difficult to obtain, we were also diverted by him on the phone when directly asking him how to file a data request with his office. When we spoke to him on the phone, he specifically told us to email the County's Auditor-Treasurer, Jake Sieg, to file a data request. We found this to be odd, but filed with Mr. Sieg anyways. When Mr. Sieg responded, he predictably referred us back to Mr. Stulz' office and finally provided us with his email address. When we finally received a response from Mr. Stulz related to our data request, he said, “I have received your request for government data, but obviously the information that you seek would be protected by attorney work product.” Even though Mr. Stulz did not cite MN Statute 13.393, which he is relying upon in his response, my campaign did some legal research to determine whether it is correct. We discovered that neither the attorney-client privilege nor the work-product doctrine cited in Minnesota Statutes Section 13.393 exempts from disclosure all of the data related to his work as the Lac qui Parle County Attorney. Given the limiting language in the last phrase of section 13.393, i.e., “…nor shall this section be construed to relieve any responsible authority, other than the attorney, from duties and responsibilities pursuant to this chapter and section 15.17,” clearly the Legislature did not intend that any and all data used, collected, stored, or disseminated by a public attorney, or government data held by a government entity that relate to the conduct of its legal affairs, are exempt from disclosure under Chapter 13.     The attorney-client privilege protects those parts of his work as the Lac qui Parle Attorney that communicates legal advice that would not have been disclosed but for the existence of the privilege and, in order to be protected by the work product doctrine, material must contain opinions, conclusions, legal theories, or mental impressions of counsel, and it must have been prepared in anticipation of litigation.   Since there is no work product immunity for documents prepared in the regular course of business rather than for purposes of litigation, it is my campaign's opinion that Mr. Stulz has not properly responded to our data request. It is our assumption that Mr. Stulz has obtained a large amount of data with keywords related to cannabis in his time as prosecutor. If not from anywhere else, it is presumed that he possesses a fair number of emails from the Minnesota County Attorney's Association related to the medical cannabis legislative push last session. Especially given the callous manner in which Mr. Stulz is prosecuting Angela Brown, the public ought to know what types of organizations have contacted his office in the past with information related to cannabis policy and the conversations he has had in return, if any.

Pushing out public data as AG: As I have pledged, when elected, I will direct all of my staff to be intimately aware of what data is public and what data is private and to publish public data by default on the Attorney General's website.

[borgosmn]

Compassion

There was a point in my life, almost two years ago, when I stopped to reflect. Something very central to my perception of the world needed reinforcement. I have always tried to do good for the world, but I constantly found my efforts falling short and my pleas for justice unheard -  washed out by the din of entertainment, distraction, the uncaring attitude of others.  I felt shame, unable to achieve social change, as I continued to battle  everyday struggles.  This distracted me from my own accomplishments.  

Life gave me two clear options; either keep living the same way without gratitude for all of my experiences - good and bad, or I could start living with gratitude for everything I am given. The choice was easy then, but the transition was difficult and still requires constant introspection. Once I owned up to my shortcomings and practiced gratitude for past trauma and mistakes, my life saw a rapid unfolding of positive change. An integral part of this about face is compassion.

You may notice in my ad (above) the first dancer we came across was Compassion. To develop the story and idea I looked to the things that gave me the courage and the foundation to run for office and act as a voice for others. That foundation is what gets me up in the morning, with compassion the capstone.

I believe it best to start the day with good intentions, and that attitude hasn’t changed while campaigning. I wake up in the morning and remind myself that gratitude, mindfulness, compassion, justice, and determination are the things strengthening my resolve and keeping me from becoming my worst in the process of seeking a constitutional office. Let’s face it, politics seem have a tendency to bring people to their worst.

  What is Compassion in the Law?

Compassion is probably not something regularly associated with the law. We are led to believe the law should be dispassionately guided by fact and reason, while pushing empathy aside.  However, compassion keeps the law rooted in justice.Those of us called to administer justice must never forget its highest purpose: human dignity.

When the legislature creates a law, for better or worse, ambiguity is usually present and sometimes the rights enumerated in the state and federal constitutions are given short shrift. The law provides room for interpretation, and while a judge is bound by statute, their decisions are an interpretation.  The Attorney General must also interpret these laws as a constitutional officer.  

The Attorney General’s decisions must be rooted in the law and the Constitution. I won’t simply make up the law as I see fit but I will interpret it.  In doing so, it is essential I have a sense of compassion to uphold Minnesotans’ dignity. Without compassion the law is merely a tool for the strong to rationalize their position, rather than an instrument for social justice.

In Minnesota there are concrete things we can do to further of social justice. For example, ending the war on drugs, bolstering the patient-doctor relationship, and protecting the right to be heard in court are all areas where a compassionate Attorney General’s office could offer support. Compassion means acknowledging the right to a voice in justice.

While the war on drugs has done little to nothing to decrease addiction rates, it has exponentially increased incarceration and correctional control, caused extreme racial disparities, and eviscerated the right to a fair trial. All of these are undue burdens on the people of Minnesota. As your Attorney General I will combat these discouraging trends and remain vigilant in finding cases where the government attempts to use poor excuses in supporting failed policies and the positions of the elite. Attorney Generals hold great power in persuading courts by fighting for your rights and filing a ‘friend of the court’ argument.  They may file what is called an amicus brief in cases where the constitution is in play.

  Failed Prosecutorial Priorities

Melendez-Diaz v. Massachusetts was, or should have been, an opportunity for Minnesota’s Attorney General to defend constitutional rights.  This case exemplifies a lack of compassionate priorities and is a case in which I would have fought to ensure the accused have a right to a fair trial by allowing them to confront their accusers. In Melendez-Diaz, our incumbent Attorney General joined in fighting against this basic right because the “expense” on the state was too much.

“As stewards of the public’s resources, the amici States have two interests.  The first is to spend the lion’s share of the public’s money where it matters most: on the front lines, fighting and preventing continued drug abuse.  The second is to keep our technicians in the laboratory, whenever possible, to handle the daily influx of drug analysis requests and to chip away at the backlog of cases. . . “

Of course, the practical effect is someone who is accused of a crime does not have the right to confront their accuser; a right afforded by the Confrontation Clause of the 6th Amendment.  The state will not provide their lab tech to prove, as the Constitution requires, that the defendant is guilty. In a system where the scales of justice already weigh heavily in favor of the power to prosecute, I will make efforts to stand on the side of the Constitution and provide people the right to confront their accusers. If the financial burden on the State is too great, the State must become more efficient in its procedures rather than denying constitutional rights.

The most perverse part of Minnesota’s argument in Melendez-Diaz is that for all of the drug cases in the hopper, we are letting sex offense and violent crime DNA testing fall behind. In its 2008 report, the MN Bureau of Criminal Apprehension set a “goal” of a less than 30 day turnaround for drug tests, while DNA testing averaged on 86 days according to the same report.  The priorities haven’t improved, in its last report in 2012, the BCA reported an average turnaround of 54 days for drug testing.  Currently, the turnaround for a DNA test is three to six months in sex assault cases.   

I will strongly advise the Commissioner of Public Safety put sex assault cases ahead of drug tests within the BCA, and reallocate the budget away from the war on drugs to put emphasis on violent crime and upholding the right to a fair trial.

  The Necessity Defense

Beyond being allowed a right to a fair trial through the 6th Amendment’s Confrontation clause, the ability to talk about evidence gives Minnesotans a voice in court. What is obvious in Minnesota’s the new medical cannabis law is that there are tens of thousands of patients and caregivers left behind, who will not be protected from the power of the government punishing them for healing their loved ones. Had I been the Attorney General last year, I would have inserted myself into the discussion and warned legislators that the last minute changes to the comprehensive medical cannabis program would create ineffective legislation.   I also would work to ensure patients have a chance to at least tell the jury they were using cannabis to treat an ailment or disease - right now this ‘medical necessity’ defense is not allowed.

The medical necessity defense is disfavored in Minnesota. However, with a little guidance from an Attorney General’s office that is not prohibitionist, I can solve this problem. I hope to be an advocate for all patients and use the office to hold the government and insurance companies in check as a matter of course.

Persecuting a Victim of Domestic Assault

 The medical bill is not the only place where I need to do serious work in allowing a necessity defense. In a recent case, Axleberg v. Commissioner of Public Safety, Jennifer Axleberg was being brutally beaten by her drunken husband, and her only escape was to drive away from him. She fled a few miles to a nearby establishment and the police were called. When the police arrived, they not only arrested her husband for domestic abuse, but arrested Ms. Axleberg for driving while intoxicated.  Although criminal charges against her were dismissed, the Commissioner of Public Safety and the current Attorney General’s office drug her through the court system in an “implied consent” proceeding wherein the state violates due process by masquerading a criminal sanction as a civil proceeding.

The Commissioner moved to revoke her driver’s license in the implied consent proceeding, and Ms. Axelberg merely attempted to argue that she should be allowed to introduce the necessity of her actions as an affirmative defense in proving her innocence. The current Attorney General’s office did not allow this, and argued all the way to the Minnesota Supreme court that Ms. Axelberg should be effectively gagged because necessity defenses are not available in ‘civil’ proceedings - only criminal trials (except cannabis possession, of course.)

 I would have left this case alone and argued that there a necessity defense should ALWAYS be allowed. A victim should at least be allowed to voice the necessity as evidence in consideration of their culpability. WE SHOULD NOT FORCE A VICTIM TO CHOOSE BETWEEN CONTINUED ASSAULT OR LOSING THEIR DRIVING PRIVILEGES. If you were drunk and someone pointed a gun at your head and told you to drive, should you have your license revoked? The answer is absolutely not. The same should apply to domestic abuse. If you are penalized for a crime, should you have your right to be innocent until proven guilty where the government has the burden of beyond a reasonable doubt taken away? The answer is absolutely not.  

Human dignity isn’t a tricky thing. The government’s quick and irrational moves to protect us from ourselves, deny patients relief, penalize citizens by taking away their right to confront their accusers, and denying a fair trial are all things that can be reversed. As your next Attorney General I will protect human dignity.  I will continue to wake up every morning, remind myself to be grateful, compassionate, mindful, and determined in the fight for justice, and in doing so I will fight for you.

[borgosmn]

Break the norm/run for AG

As a kid ‘up north’ in Cloquet, Minnesota I saw the world as a pretty cruel place.  As long as I can remember, I have seen people who were wronged and went to authority for help, only to be further victimized.  Victims, never throwing a punch in a fight, ended up alongside the aggressor for punishment. Early in life, I developed the sharp desire to help people wronged by the misuse of authority. It didn’t seem like the same rules applied to those with power.

In 1999 I graduated high school and left northern Minnesota when I fell in love with St. John’s University in Collegeville, Minnesota. The trees and lakes of the region made me feel right at home.  I am grateful that during my time in Collegeville I had the opportunity to be the first male student security officer to work at the College of St. Benedict for four years. I never knew how important the training I received there in conflict de-escalation and discretion would be in my future. There is no doubt in my mind that I was truly attracted to the campus and program because I wanted my learning experience infused with the Benedictine value of hospitality.  Hospitality requires a change in attitude about people, and the most important lesson I learned at St. John’s was: to do well in life I have to strive to be welcoming and inclusive in everything I do. 

I said my farewells to college life and returned to the Iron Range.  I spent the next few years working for Northwest Airlines (NWA). I did everything in my power to help passengers who had nowhere else to turn because “customer service” was woefully unequipped and unable to deal with customer’s grievances.  I quickly topped the sales charts and earned NWA’s “Summit” status. Looking back, I know achieved that because of the welcoming and inclusive atmosphere, training, and education of the College of St. Benedict & St. John’s University.

I enjoyed customer service much more than sales, so when I was offered a job in Eagan with Uline Shipping Supplies, I decided to make a move. I began as a customer service agent, was quickly put in charge of escalated calls, and was then promoted to corporate trainer. As a corporate trainer with Uline, I was responsible for educating employees on thousands of products and shipping contracts (and also for handling the irate customers that didn’t have the best experience).  I wrote the company-wide procedural manual for teaching employees to track delayed shipments and handle customer grievances in a way that retained aggrieved customers. I approached everyone (even the irate customers) with hospitality and compassion, and I rarely walked away without a happy customer in tow. However, the corporate life wouldn’t last for long.

I was called to jury duty for a products liability case being tried in the 8th Circuit District Court under Judge Patrick Schiltz.  It was my first opportunity to see firsthand what could be done to seek justice and the proper use of authority in administering it.  I was sold on law school by the time the case settled.  I heard my calling and realized then that I had a part to play in justice and the law.

It may have been fate or coincidence that I chose to attend the University of St. Thomas Law School in Minneapolis. This is where the Honorable Patrick Schiltz previously taught, and I was quickly drawn in by their mission of finding truth and reason through morality and social justice.

In 2008 when the economy collapsed, I knew that I wanted to pursue opening my own firm, and I worked with two other law students to that end before graduating with my J.D. in 2010.  At that time, Minnesota lost thousands of legal jobs and although my two peers decided to go in different directions, I braved it alone.

I slowly built my firm, step-by-step, even serving in a restaurant just to pay the bills. Some of my first cases came as as contracts in e-discovery.  Later, I sought some advice from Tom Gallagher, a criminal defense attorney, on a DWI case.  He told me to meet him on April 20th in Loring Park. I thought it an odd place to meet a colleague, but I agreed anyway.  I arrived, only to witness hundreds of people standing in the cold in front of a large stage.  It was no longer a surprise where and when he wanted to meet me, because this was a gathering of people in opposition of the same cannabis prohibition laws I presented at St. Thomas.

It was MN NORML, a chapter of the National Organization for Reform of Marijuana Laws hosting the rally. It clicked in my mind after speaking to Tom, that there were memories I’d buried for a long time. The death of my grandmother and the plight of one of my best friends from northern Minnesota resurfaced.

My grandma passed away from a stroke and I distinctly remembered reading about how cannabis could have potential in fast treatment of it. Anything that could have kept her alive would have been worth it. She was one of the kindest most compassionate people ever to walk this earth. My research into cannabis was fueled by grief. Reading was how I choose to cope with loss.

It also caused me to think of a friend who suffers from cerebral palsy and uses it to deal with the constant, daily painful muscle tightness. He took care of his grandmother when she was in hospice and I promised her I would help her grandson when she passed away. I promised her knowing that I needed to get him some relief.  20 states had already passed medical cannabis legislation, people like my friend were being helped, and I knew I had to fight for his right to this medicine.

After meeting with Tom and the rest of MN NORML’s board of directors I felt I could best serve my calling by focusing on helping those affected by prohibition and the war on drugs.  It wasn’t long before I took a leadership role and became the board chairman.

As my advocacy grew, so did the circles in which I moved. I met people with glaucoma, muscular dystrophy, MS, cancer, tourettes, and many other illnesses successfully treated with cannabis. These people finally found relief, yet their government was (and still is) bullying them as authority did when I was a child; only this time authority was hurting people who obviously needed help and doing so on the basis of laws made nearly a century ago, with rationales couched in racism.

As I gained ground in my advocacy work, to pay the bills, I worked within electronic discovery which exposed me to patent law, data breaches, pharmaceutical cases, class actions, mergers and acquisitions, and a wide range of other legal matters. As an effective leader, I was even asked to manage a team in the discovery process of a licensing dispute case heard by the Supreme Court of the United States. These cases gave me an opportunity to view the legal landscape on a state and national level that would have never happened had I sought out a traditional (and dwindling) legal career.

Throughout my time with MN NORML, I worked closely with another board member, Kurt Hanna, and he quickly piqued my interest in data practices and reinvigorated my interest in the murky waters of administrative law. The privacy, civil, and human rights that we witnessed disappear became starkly apparent to me as things that needed challenging that were all part of the same misuse of authority I saw so many years before. 

A couple years passed.  It looked like hope was on the horizon for cannabis patients. Several lawmakers and patients organized to finally put an end to the insanity of the criminalization of medical cannabis patients. While this failed to address racism and other collateral consequences of the drug war, I thought it was a compassionate first step for people who needed immediate relief. If this truly is a war, the wounded need to be cleared off the battlefield first.

That changed when Governor Dayton made it perfectly clear he would sign no such compassionate legislation as part of his promise to the law enforcement union lobby bosses.  Little did I know that big politics would destroy what was a workable bill and turn it into something that is designed to fail.

A rally and protest was organized for all of the patients about to be left behind at the governor’s mansion. It was there where I first ran into John Denney.  I previously met John’s brother, Bill, who earlier that year, had come to a caucus training event put together by MN NORML to get people interested and involved in politics.  This gave me a deep respect for Bill.  He put forth real work within his party to change its platform to include a sensible stance on cannabis.

John was passionate and he wanted to put together a strong third party push to deal with government spying and money in politics.  He also shared my views on the destruction the drug war had wrought on society.

A few weeks later I was approached by the Grassroots party to run for office as Attorney General.  I initially agreed, but asked to keep it quiet as I mulled over how to announce my candidacy and whether I actually wanted the job or to run as a protest vote. In the following week, the Libertarians approached me to run with them but I felt, because already said yes to the Grassroots party and was still hesitant about that, I needed to decline the offer. The next thing I knew, Bill and John Denney were approaching me to run with the Independence Party; it felt right. 

I did not know when to announce my official candidacy but was inspired to speak up at the Independence Party’s Congressional District 5 caucus. It was there I also met Bob Helland and Kevin Terrell, and saw their true passion for a better government.  It sparked a fire in me because, before I knew it, I was addressing the caucus.  So many things fit together that night, and I felt as a major party candidate I would have better access to debates and a chance to really explore and investigate what the general public wanted out of their Attorney General’s office - compassion, transparency, civil rights, and accountability.  These are the cornerstones of my campaign, and will be the cornerstones of the office when I am elected the next Attorney General of Minnesota.

[borgosmn]

Police Militarization II: Civil Rights Crisis

https://docs.google.com/spreadsheets/d/1LMO2qX7tN9h0Cd4YbYckG9dIZ7gnMYBluXpqbdSLou0/

When we received this information from the Department of Public Safety's Homeland Security and Emergency Management offices I was floored by the sheer volume of armaments local law enforcement had received. Feel free to peruse the file for VERY specific information as to what is in the possession of your local police. Some of the war gear provided includes mine resistant vehicles, night vision goggles, helicopters, and grenade launchers. Even the University of Minnesota Police department received six M16A1 5.56mm and two M14 7.62mm rifles. What has become apparent is that our police forces *have* become militarized under the pretext of the War on Drugs and the War on Terror. So where do we go from here?

Man arrested for briefly failing to keep moving #Ferguson pic.twitter.com/HlcUgZv5JM

— Jon Swaine (@jonswaine)

August 18, 2014

First, our rights matter. Our human rights, enumerated in the US and Minnesota Constitutions, must be defended above all else. Our right to free speech and our freedom to assemble have been curtailed by time, place, and manner restrictions that aren't reflective of human nature. You have a general right to distribute literature, hold signs, and collect petition signatures on sidewalks or in front of government buildings.  However, it is also important to remember that within these constraints, you may need to obtain a permit to assemble, such as within city parks. Engaging in certain non-violent activities may result in arrest but should never be met with violent police actions or by instilling the fear of violence.

Second, police response needs to be appropriate. If the police are fired upon by armed maniacs, and diffusion isn't an option, a violent response is warranted. However, when people are peaceably protesting, or even when engaging in non-violent civil disobedience, they need to be treated with the utmost respect by law enforcement because they are engaging in arguably the most essential right to *our* free and open society. Threats of tear gas, rubber bullets, and brutality only serve to escalate the potential for violence. An "act first, ask questions later" mentality assures that violence will be the answer, especially when war gear is distributed extensively among our local police forces.

If having paperwork is a necessity to assemble, access to the paperwork should be provided in the field. We have the technology. As Attorney General, I will support moves by any legislative body to lift the time, place, and manner restrictions and also policies that promote lenience, discretion, conflict resolution, and education when police are interacting with protesters having to deal with these restrictive policies. 

If we don't get it now, when will we?

[borgosmn]

Police Militarization: From Crimefighter to Warfighter?

The Minnesota Attorney General is the state's top law enforcement officer. I'm running for this office in part because domestic militarization of police forces kills and traumatizes countless Americans every year through the abusive and unnecessary war on drugs. Many citizens are harmed through policies and practices in which the Attorney General has a hand. The District Court Trial and Appellate division of the Government Services section in the Attorney General's office helps train law enforcement officers and prosecutors. In Minnesota, we also have an agency equipping our law enforcement agencies with militarized equipment:

More than $4.3bn worth of gear has been transferred since the program was created in 1997, according to the Law Enforcement Support Office (LESO).

Forced to address the issue at a Pentagon briefing on Thursday, spokesman

[Rear] Admiral John Kirby said that while the government made such equipment available in a “useful” program, it was up to local agencies to decide how to use it. “I’m not going to inject the Pentagon into this discussion,” he said. “How this equipment is used to serve local citizens is up for local law enforcement agencies to speak to.” http://www.theguardian.com/world/2014/aug/14/ferguson-police-military-restraints-violence-weaponry-missouri

If the Pentagon is not going to put restraints on Minnesota Law Enforcement agencies when providing them with war gear, then it is up to the elected officials in Minnesota to come up with the proper procedures for law enforcement to follow when deciding what equipment to procure, how much to procure, and the when it should be used.

A crimefighter's job on a police force is to keep the peace while preserving citizens' constitutional rights. A warfighter in the armed forces is supposed to annihilate the enemy. Weapons transferred "From Warfighter to Crimefighter" make warfighters out of our crimefighters and citizens into enemy combatants. Minnesotans cannot afford to have our police become a standing army. Here are two of the programs which need oversight to make sure that does not happen:

The 1033 Surplus Equipment Program - This program allows Minnesota's law enforcement agencies (LESa) to obtain FREE excess military weapons, vehicles, and other equipment. Over $25,000,000 worth of free equipment has been given to Minnesota LEAs to date.

The 1122 Federal Procurement Program - This program allows Minnesota's law enforcement agencies to purchase items at the federal government price; to include vehicles, weapons, communications and electronic items, night vision devices, medical items, uniforms, body armor, and dog handling equipment to name a few.

To view some of the figures related to war gear received by Minnesota Counties via just one of these programs, check out this interactive map that was put together by the New York Times: http://www.nytimes.com/interactive/2014/08/15/us/surplus-military-equipment-map.html

Even the "free" equipment carries hidden maintenance costs which are NOT "free," we pay for the gear in national debt at interest, and Minnesotans are tired of their tax dollars being wasted on a domestic war machine.

While pretext for the procurement of war gear by local law enforcement agencies previously was mainly under the war on drugs, it has now shifted into the war on terror. This transition is highlighted in the notice on the Minnesota National Guard's Counterdrug website which cites the fact that the programs are now under the purview of Homeland Security and Emergency Management (HSEM). http://www.minnesotanationalguard.org/counterdrug/equipment/

Do not be fooled. Minnesotans are not exempt from the ramp-up in the militarization of our police forces. Hennepin County, Minnesota and St. Louis County, Missouri have similar population sizes.  Ferguson, Missouri is a small town of around 22,000 people.

The events in Ferguson, Missouri are shocking to say the least. For several nights/days Peaceful protesters have been reacting to the violent killing of 18-year-old Michael Brown and have been demanding full accountability. On August 9, 2014, a Ferguson police officer shot Michael as the teen stood in the street with his hands in the air. The situation escalated as scattered property damage blended with peaceful protest and powerful weaponry was dispatched at the scene. Reporters have been arrested, citizens have been tear gassed, and rubber bullets have all been employed. Rev. Renita Lamkin, a Pastor at St. John AME Church in St. Louis, was shot by rubber bullets from high-powered police rifles. (pictured below)

Waiting to become Attorney General to shed light on this issue is not an option. November is too far away and our civil rights and safety are on the line. In order to bring broader transparency to what is happening in Minnesota we have submitted the following request:

"From Warfighter to Crimefighter?" 

The government needs to take this as seriously as we do and stop the militarization of our police force. There is a disturbing trend in our nation's foreign policy in which the executive branch circumvents Congress' Constitutional authority to declare war. In Ferguson, warlike tactics with equipment designed for foreign wars have been used without an official act by the governor of the state. We do not need to wait to see a similar incident happen in Minnesota and have armored personnel carriers and high powered rifles on Hennepin Avenue.

“The means of defense against foreign danger, have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended. Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people.” - James Madison, June, 1787, Philadelphia Address to the Constitutional Convention on the dangers of a standing army.

(Find two of the LESO's promotional materials below)

Minnesota specific LESO advertisement:

National LESO advertisement:

[borgosmn]

WHAT MAKES YOU FEEL BETTER WHEN YOU ARE IN A BAD MOOD?

Wing Tzun kung fu, yoga, and writing, mostly. If I can defend against rapid-fire chain punches aimed at my throat, stretch and breathe deeply, and put my personal thoughts down on paper, I end up not just feeling better when I am in a bad mood but also feeling great when when I am in a good mood.