Special to L. Neil Smith’s The Libertarian Enterprise

People — pardon me, journalists and politicians — have often accused me of believing that I'm above the law. And yet, who isn't? Everywhere you prod it, even with the shortest stick, the established system isn't simply corrupt, it's unequivocally putrsecent. The law is created by demonstrable criminals, enforced by demonstrable criminals, interpreted by demonstrable criminals, all for demonstrably criminal purposes. Of course I'm above the law. And so are you.
— William Wilde Curringer, in Pallas by L. Neil Smith, p. 301 [see here also]

On Monday, 13 November 2017, the Albuquerque Journal ran an article by Journal Staff Writer Martin Salazar titled Board finds Keller violated ethics code —

That was the eleventh-hour decision made Monday by the city's Board of Ethics & Campaign Practices, which found that mayoral candidate and state Auditor Tim Keller violated the City Charter's Elections Code and the Open and Ethical Elections Code.

But the board opted not to issue a reprimand or a fine in the case, determining that Keller "acted in good faith and did not intend to violate" the rules.

Naturally, Keller denies any deliberate intent to violate the law —

"Though our opponents have used trumped up terms like dishonest, 'money laundering' and 'cash under the table,' those assertions were always baseless and the board's ruling confirmed that today," Keller said in a statement. "That came out loud and clear in today's ruling which emphatically notes our good faith efforts."

Maybe We The Great Unwashed can use this defense when accused of wrongdoing?

Let's give that a try, hypothetically speaking, right here —

Traffic cop: Can I see your license, insurance, and registration?

Me (or you): What's this all about, officer?

Traffic cop: You do realize that you were doing 50 in a 30?

Me (or you): But officer, I acted in good faith and did not intend to violate the rules.…

Maybe the IRS agent who shows up at your door to audit you or your business might be more sympathetic to you? Who wants to give that one a "good faith" run up the flagpole?

Apparently, Keller is considered to be above the law. Again, from the Journal —

.… the board opted not to issue a reprimand or a fine in the case.…

So while We The Little People would be told "tough apples, pay the fine" upon citing mens rea for a similar "offense," Keller gets to skate away scot free on this one.

Still, Keller isn't completely out of the woods just yet —

Two other complaints against Keller are still pending, one that alleges that his campaign is illegally coordinating with a political action committee supporting him and another alleging that he broke the rules by failing to report the attorney fees he has incurred defending himself against the ethics complaints.

So is Albuquerque's Board of Ethics & Campaign Practices going to invalidate the election results, considering that the winner cheated to get that victory?

Don't hold your breath.

For decades, Democrats such as Keller have complained about "dirty campaigning" and "dirty money" as a reason that "more regulations are necessary."

In that light, instead of saying "Thank you for a clear mandate," he should apologize to Albuquerque's voters and citizens for being a hypocrite, and then decline to actually take office.

Again, don't hold your breath.

The least that the Board could do is require Keller to return the "public campaign money" (read welfare for politicians) that he received from the City coffers — all ∅362,000 of it.

If the Board doesn't have the courage and integrity to do that, it's a sham at best, and at worst it furthers corruption on the Albuquerque political scene. And the City's "Open and Ethical Elections Code" won't be worth the paper on which it's printed.

Seriously, Keller should have to walk door to door, by himself, personally knocking on doors and asking residents for cash until he raises enough to pay back every penny of his "public campaign financing."

 

FOR FURTHER REFERENCE

1. The Libertarian Enterprise — Number 23, 1 March 1997: Down By Law by Victor Milán

Copyright © 2017 Mike Blessing. All rights reserved.