Plain Talk

Public defenders working in the federal system representing indigent defendants aren't getting paid. The federal government ran out of money, as my colleague April Baumgarten reported recently. That's a big problem. Every American accused of a crime has a right to counsel, and while you might think that public defenders are just for poor people, they actually represent most people accused of a crime. In North Dakota, the precentage of criminal defendants represented by a public defender is north of 80%. In the federal system, nationwide, it's around 90% Jason Tupman said on this episode of Plain Talk. Tupman is the top federal public defender for the North Dakota and South Dakota district (full disclosure: my sister works as an investigator for Tupman's office). "There will be consequences," he said of this lack of funding. "I think they are not just short-term, either." The federal employees in Tupman's offices cover about 2/3's of the cases in North and South Dakota, with the rest going to private sector attorneys who participate in what's called the Criminal Justice Act Panel. Right now, those panel lawyers won't be getting a check until October 1, though given the chaos in Washington D.C. right now, there's not a lot that's certain. Tupman, and Mark Friese, a prominent defense attorney from the Vogel Law Firm who is a representative on the CJA Panel, say that lawyers are beginning to turn down these cases. That means delays in the criminal justice process for defendants, which in turn means more costs associated with things like pre-trial detention. Also, it may also mean that they're assigned by lawyers from other areas, who may struggle to provide adequate counsel, which in turn may result in more appeals and procedural delays. We are currently having a rollicking debate about the federal debt and deficits, but delays or cuts in funding for federal public defenders could actually end up costing the taxpayers more. Tupman points out that the work of his office isn't political. "This office and this panel has represented George Floyd protesters and they have represented January 6 defendants," he said. "This is a non-political group...who represent individuals, treat them with dignity, and do so every day pretty quietly. To not pay them for the work they've already done can be crippling. Crippling to them and crippling to our future functioning." Friese, meanwhile, pointed out that even when the feds are paying the bills, they're far below what private sector attorneys can otherwise earn. "A lot of your listeners are going to say, $175 an hour, that's crazy," he said referring to the rate at which panel attorneys are compensated. "That's less than half the market rate. That's less than half the prevailing rate if you were to come to me in my private practice to hire me for representation." "When I take my car in the mechanic shop, the prevailing rate in in North Dakota is 150 bucks an hour," he continued. "So, we're paid $25 more an hour than a mechanic shop, essentially." Also on this episode, co-host Chad Oban and I talk about my criticism of the Turtle Mountain Band of Chippewa's lawsuit over redistricting (Chad thinks I'm full of it) and we also give some praise to the North Dakota Chamber of Commerce for their efforts to promote civics. If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

One proposal in the recently passed "big, beautiful bill" that didn't make it to the finish line was an amendment from Utah Sen. Mike Lee, which would have jump-started a sell-off of federally owned lands. On this episode of Plain Talk, John Bradley, executive director of the North Dakota Wildlife Federation, talked about that victory, and also discussed the place in politics conservation issues often find themselves.  "Conservation sometimes becomes the dog that everybody can get behind kicking," he said. Bradley expressed a desire for public lands to become a "third rail" issue that politicians are "terrified to go after," but also acknowledged that there are instances where some sales make sense. He says there is, in existing law, a process for selling or swapping out federal lands, and while he admits that it can be bureaucratic, he also says that it's important that all interested parties are involved in that process. Bradley also discussed his group's recent criticism of North Dakota's congressional delegation's support for using the Congressional Review Act to rewrite federal land use rules that the delegation says are too arduous for the energy industry and other interests. He called the approach "scorched earth," arguing it "wipes that entire process" and assumes D.C. politicians "know better" than local experts. Also on this episode, we discussed the hard feelings between Attorney General Drew Wrigley's office and the North Dakota Ethics Commission, as well as news that millions in federal dollars for after school programs in North Dakota have been frozen. There are "crickets from the congressional delegation in terms of unfreezing this money," my co-host Chad Oban said of the situation. "Crickets from the governor's office to unfreeze this money. Crickets from the superintendent of public instruction." "I understand that [Superintendent Kirsten Baesler] is trying to get a job in Washington, but if our superintendent of public instruction is not screaming and yelling to unfreeze these dollars, I'm not sure she can be doing her job," he added. "Our congressional delegation should be pounding on the door of OMB and the Department of Education getting this money to our kids in North Dakota, but everybody's afraid of Trump," he continued. If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode.

The criminal justice system is often where public policy debates, from civil rights to addiction, converge. It's also critical for ensuring accountability when the government oversteps. North Dakota's Commission on Legal Counsel for Indigence, led by Director Travis Finck, headed into this year's legislative session facing a "perilous situation," that was dangerously close to a "constitutional failure" due to a lack of resources, leaving many without legal counsel. But lawmakers stepped up. The Finck and his fellow public defenders received a 20% budget increase, amounting to an additional $4.5 million over their 2023 budget. The budget boost is moving the agency "in the right direction," Finck said on this episode of Plain Talk. This funding has tangible impacts on recruitment and retention. Frink notes the agency can now offer higher salaries, implementing a new compensation plan to put them "on par with places like the attorney general’s office." Previously, they weren't even "in the same stadium," Finck said. The agency is now projected to be fully staffed by September, a stark contrast to the 25-30% vacancy rate prior to the session. Beyond attorneys, the budget also allowed for hiring two new investigator positions, increasing their statewide total from one to three. Legislative support also provides a crucial morale boost. Applicants, even from out of state, recognize that the North Dakota legislature "acknowledges the public defenders exist…and the important role they play," Finck said. This commitment fosters a client-centered culture, attractive to new law school graduates, emphasizing the profound impact public defenders have. Looking forward, Finck emphasizes that while the progress is significant, the job isn't done. Future goals include hiring more investigators for thorough case reviews and developing "holistic approach" models to provide services such as housing and job assistance, to reduce recidivism. The agency also seeks to re-evaluate reliance on user fees and eliminate remaining fines, asserting that constitutional rights should not be funded by those exercising them. Also on this episode, co-host Chad Oban and I discuss the turmoil in Minot's recent mayoral elections, which included one of the candidates, Rob Fuller, suggesting I illegally accessed public records about his arrest for domestic violence. We also talked about the ongoing (and very tiresome) Armstrong veto controversy, and we react to some listener feedback. If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

In this replay episode, we revisit a conversation that didn’t go as planned. We had scheduled Rep. Nico Rios to appear on Plain Talk to discuss his recent controversies; from bigoted and homophobic remarks during a DUI arrest, to a social media post invoking the CIA and antisemitic language, to a constitutionally questionable resolution declaring Jesus Christ “King over all the world.” We wanted to have a respectful, honest conversation about his words and actions. But just minutes before the interview, Rep. Rios backed out. “Ay dude I'm not going on your boring little show,” he texted. “Got more important things to do than chat Capitol gossip.” Replay or not, this episode is a revealing look at the tone and tension inside North Dakota politics today. If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

In this special replay episode, Rob Port and Chad Oban revisit a timely conversation with former North Dakota Republican Party Chair Bob Harms. With infighting and censures making headlines again, Harms' perspective on internal party dynamics, district-level power struggles, and the long-term risks to the GOP brand hits even harder today. The discussion dives into how party rules, legislative overreach, and local gamesmanship are discouraging participation and undermining transparency. Harms also shares his concerns about property tax reform, the future of the Legacy Fund, and what happens when politics becomes more about power than principle. If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode.  To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

President Donald Trump joined Israel's attacks against Iran's nuclear program, and so far the operation seems to have been a success. That's certainly Sen. Kevin Cramer's view of it, as he explained on this episode of Plain Talk. He also praised Trump's willingness to repudiate some of the isolationists in the MAGA movement. "I've often said, and people have quoted me saying, 'Donald Trump likes people who like him.' The problem is when the body of people who like you range, you know, so greatly, you at some point are going to disappoint somebody," he said. "I was very proud of this decision. And you don't even have to love the decision to recognize...that this is a bit of a repudiation to the Tucker Carlson isolationist crowd." "He probably made peace more than he made war with the strike. Now, we'll see how it all turns out," Cramer continued. The Senator also discussed his "golden dome" legislative proposal for protecting America from drone and missile strikes. He noted that North Dakota has historically been an essential part of America's air defense systems, and he sees that remaining the case going forward. He also had tough words for the new leadership of the North Dakota Republican Party, which censured Gov. Kelly Armstrong over property tax policy and his veto of a book ban bill. "If the state Republican party wants to make itself less relevant, just censure your duly elected governor," he said. "It's absurd." Cramer is a former chair of the NDGOP himself, but said some in charge of the party now have a skewed view of its role. "Too many people, I think, have confused the role of a state party with the role of governing," he said. "The role of state parties are to elect republicans not to govern the not to govern the state." If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

Recently, Congresswoman Julie Fedorchak sent out an email seeking to debunk what she describes as myths when it comes to proposed changes to the Medicaid program. She argues that the program isn't being cut, but rather just being slowed in its growth. But wherever you come down on that debate, the fact that she's prompted to make these arguments is politically significant. On this episode of Plain Talk, my co-host Chad Oban and I talked about that, in the context of one of Fedorchak's predecessors, former Rep. Earl Pomeroy, trying to explain his vote in favor of Obamacare. Oban pointed out that while Fedorchak is disputing the claims that Medicaid is being cut, some Republicans, including Mehmet Oz, the Trump administration's administrator for Medicare and Medicaid services, are calling them cuts. "The problem that she has is it's not just people like me who are saying it's Medicaid cuts," Oban said. "You're like, well, these aren't cuts, but when someone on your own side is referring to them as cuts, you're losing that war," he continued. We also discussed the NDGOP's on-going District 25 debacle, and what the proposed sell-off of federal lands means for Interior Secretary Doug Burgum's political trajectory. Also on this episode, Matt Briney, chief communications officer for the Theodore Roosevelt President Library, talks about the progress on the project. "We're looking forward to welcoming everybody July 4th, 2026 when we will open to the public." Public funding for the project has drawn some criticism, but Briney pointed out that only "about 11% of the project is funded from state funds" and that the library organizqation hasn't had to touch a $70 million line of credit made available by the state. He also detailed some of the features visitors will be able to explore next year. "We're going to take you into the White House. TR's White House. Not the White House that we know today, but TR's White House. So, it's going to have the full kind of look and feel replica of being in there," he said, adding that the library will leverage artificial intelligence technology to make simulated conversations with Roosevelt possible. "You're actually going to be able to talk to TR and TR is going to talk back to you," Briney said. "And that's where we're we're leveraging new technologies from Microsoft...where you can have actual conversations in a group setting with him." If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

In a recent column, I argued that the concept of "baby bonds" — a verison of which is included in "big beautiful bill" President Donald Trump is backing in Congress — is something North Dakotans should implement whatever the federal government might do. We have hundreds of millions in revenue from the Legacy Fund's investments, and we have the Bank of North Dakota to administer the program. A rough estimate based on the average number of live births in our state every year is that this would cost the state about $20 million or so per biennium. After I published my column, Treasurer Thomas Beadle reached out, saying it's a topic that intrigues him as well. "I think that you get a little bit of a a stakeholder society," he said on this episode of Plain Talk. "Children are being set up with these accounts, and the parents are managing these accounts on behalf of their kids, so they will be vested. They might have a stakeholder interest in making sure that programs like this are viable." Speaking of investments, also joining this episode was Jodi Smith, executive director of the state Retirement and Investment Board, and Kodee Furst, a director 50 South Capital. They discussed the ongoing efforts to implement the Legacy Fund's in-state investment program. The goal is to have the Legacy Fund at $1.3 billion invested inside of the state by 2030. Some of the challenges in getting there early on were negotiating the producer-investor rules. State investment officials have a responsibilty to maximize returns, but with the in-state investment program, the idea is that some of those returns aren't in the form of interest on investments but rather economic development. This balance is important. "We're not providing a grant," Smith said. "We do expect a return to come back to us." If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

The North Dakota Republican Party censured Republican Gov. Kelly Armstrong at a recent meeting. And yes, despite what some party leaders are now saying, Armstrong does see it that way. "It was a censure," he said on this episode of Plain Talk, going on to expand on his immediate reaction to the censures which was "I don't care." The censures expressed disapproval in Armstrong's property tax plan, along with his veto of book ban legislation, but he says that serving the party isn't his top priority. "I just view it this way: I'm a North Dakotan first. I'm the governor second and a Republican third." He accused some in NDGOP leadership of being obsessed with "microniche" issues and wanting to control Republican elected leaders with party rules and censures. "I mean, one of the problems I think you're running into in this is...this was always 'we hate the smoke-filled back room,' right? That was always the argument forever. That's not really true. What they want to do is control the smoke-filled back room," he said. "I don't think they spend near enough time talking about how to win elections, which is what people rely on the party for," he added, further arguing that party leadership is elected by small groups of people. "Matt Simon got elected with 24 votes," Armstrong said "I hope he does great. I hope he brings unity." Also on this episode, we discuss Rep. Scott Louser's decision to forgo a property tax ballot measure challenging the relief lawmakers passed earlier this year, as well as the recent No Kings protests and how their momentum compares to the 2009 "tea party" movement that changed the shape of North Dakota politics. If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

Andrew Loftesnes is a veteran of the U.S. Marine Corps. Specifically, he served with the 2nd Battalion, 7th Marines, 1st Marine Division, which is the same unit that President Donald Trump has, controversially, deployed to Los Angeles to, as Secretary of Homeland Security Kristi Noem put it recently, "liberate this city from the socialist and burdensome leadership" elected by local citizens. The deployment was "not only a direct threat to democracy and in my opinion a significant step towards autocracy, but also a direct betrayal of the young men and women who serve in the Marine Corps and other branches of the US military," Loftesnes said on this episode of Plain Talk. "The escalation 100% is the point," he added when asked if Trump's motive was to inflame an already delecate situation further. "Anyone who calls themselves a conservative politically, I think, should be horrified by this federal overreach," he said. Also on this episode, Attorney General Drew Wrigley explains his legal opinion concluding that Gov. Kelly Armstrong's line-item veto should stand, and that a special session isn't necessary. He points to Article V of the North Dakota constitution which states that the governor need send two things back to the Legislature when issuing a veto: A veto message, and the original bill, with the latter requirement being an anachronism from the pre-digital, pre-copy machine era when there would be only one copy of a given piece of legislation. Wrigley says that the veto message issued by Armstrong was accurate, and that whatever mistakes were made up the marked-up version of the bill Armstrong sent back alongside the message are irrelevant. "This isn't a hieroglyphics contest," he said. Armstrong's office is proceeding following Wrigley's opinion, but the Legislature, and specifically the Legislative Management Committee which Senate Majority Leader David Hogue chairs, has yet to decide whether they'll litigate or call themselves back into session to take further action. In public statements, Hogue was dismissive of Wrigley's opinion, saying his "understanding of the English language" and "respect for the rule of law" prevented him from going along with it. Wrigley says he's since spoken to Hogue, and that they laughed the matter off. "We had a conversation that afternoon," he said. "In fact, I had seen the quote that you just mentioned, and when he called me later in the afternoon, I asked him if he was calling to discuss the English language, at which point he started speaking Spanish. We started off with a pretty good laugh." If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive