Plain Talk

Does North Dakota need a special session? House Minority Leader Josh Boschee, a Democratic lawmaker from Fargo, thinks so. He is one of a group of Democratic lawmakers who are requesting a special session to address the impacts of the coronavirus. One major issue Boschee would like handed is some $1.25 billion in federal funding North Dakota is receiving to help address the COVID-19 situation. As it stands now, the executive branch will decide how that money is spent, specifically, and the Legislature's Budget Section Committee will say "yea" or "nay" to the decision. That committee can't do anything more than that. If they do, it would be unconstitutional, since a mere committee of the Legislature cannot, on its own, legislate. Also, membership on that committee is limited. Many parts of the state have no representation on it. Boschee thinks the whole Legislature should get to weigh in on the issue, as well as other problems facing the state, such as looming budget shortfalls and public health policy.

Rob and Jay talk about another billionaire-backed initiated measure for North Dakota, though this one is being pitched under false pretenses.

Both North Dakota and the nation are grappling with the task of returning our society to some semblance of normal while still keeping in place appropriate measures to address the COVID-19 pandemic. On this episode of Plain Talk, Arik Spencer from the North Dakota Chamber of Commerce talks about some protections his organization feels business owners need to help them get back to employing their employees and serving the public. He noted that many businesses, like restaurants as one example, are afraid to re-open out of fear they'll be liable if an outbreak of coronavirus happens in one of their facilities. Similarly, businesses that shifted their work over to producing things needed during the pandemic - breweries, for instance, which started making hand sanitizer - are worried they could be sued if those products, which they don't typically produce, were faulty. "Can they be sued for trying to be a good Samaritan?" Spencer asked. What he'd like to see is legislation, preferably at the federal level but also at the state level if need be, which would protect businesses that acted in good faith from liability. Spencer says he's heard from some of his members in North Dakota that law firms are advertising looking for clients who feel they were impacted by coronavirus. A law making it clear that businesses which followed the government's guidelines are protected from liability would help our state, and the nation, get back to work. "Let's not inhibit them anymore. Let's get people back to work," Spencer said.

"To say that money buys elections in North Dakota is a little bit insulting to the people of North Dakota," Governor Doug Burgum said on this episode of Plain Talk. He was addressing a question about the criticism he's faced for spending millions, much of it his own money, on promoting his preferred slate of candidates in the North Dakota Republican Party's recent primary election. "There's so much more than money in politics," he added, arguing that the candidates he backed won because they persuaded voters. "People win in North Dakota when they've got the right message," he continued. Some have suggested there is growing discord between Burgum and Senator Kevin Cramer, a fellow Republican. These suggestions have sometimes come with speculation that Burgum might challenge Cramer for his Senate seat. "I'm trying not to laugh," Burgum said when I asked him about that, saying he would not ever think of challenging Cramer. In fact, he's not interested in a job in Congress under any circumstances. "The last thing in the world I would want to be is a Senator or Congressman," he said.

The political parties didn't hold their traditional biannual state conventions. The candidates were constrained in their ability to campaign in person. All of the voting was done by mail. The President of the United States endorsed in a down-ballot primary race for a sleepy executive branch office with little influence over actual public policy. This primary season was probably the most unusual in North Dakota's history. State Rep. Tom Beadle (R-Fargo) looks to have won the primary for Treasurer over his opponent, Rep. Dan Johnston (R-Kathryn), and on this episode of Plain Talk he spoke out about what it was like to campaign amid coronavirus, and against a candidate who has Donald Trump on his side. "It definitely got weird," Beadle told me. He said at one point, the personal attacks against him - from Johnston's supporters if not the candidate himself - got very ugly and very personal. "They were attacking my wife and I because we haven't been blessed with kids yet," he said. Governor Doug Burgum backed Beadle in a big way, a part of a roughly $2 million effort on his behalf to promote his preferred candidates in the NDGOP primary. "I'm very grateful for the support the governor had for my candidacy," Beadle said. What would he say to those arguing that Burgum bought the election? "I'm a believer that we're the grand old party, a big-tent party," Beadle said, noting that those complaining about the governor's efforts were involved in the Liberty ND PAC. That group, apparently now defunct, was supported by the libertarian-leaning wing of the NDGOP. Beadle also continues to support Trump, despite the president's endorsement of Johnston. "One thing I can say is this administration has been fantastic for North Dakota."

"If Governor Burgum's people win it will be a huge blow to conservatism," state Rep. Rick Becker said on this episode of Plain Talk. Becker is a Republican lawmaker from Bismarck and a founder of the Bastiat Caucus of conservatives in the Legislature. He was responding to a question about Governor Doug Burgum's involvement in the NDGOP primary season. Burgum has backed a number of candidates in contested legislative primaries across the state, as well a state Rep. Thomas Beadle in the NDGOP's nomination race for Treasurer, and he's put about $2 million of his own money behind the effort. Though Burgum is backing mostly candidates endorsed by the local NDGOP districts - incumbent Rep. Jeff Magrum in District 28 is the lone exception - Becker sees problems if Burgum gets his way. "His remaking of the Legislature in his own image is not good for the Republican party. It's not good for the state," Becker said. "I think it's unseemly," he added. "We know he doesn't care about the local party or the process," Becker said, addressing the fact that Burgum is mostly backing NDGOP-endorsed candidates and pointing to the fact that, in 2016, Burgum himself failed to receive the NDGOP's endorsement but campaigned for and won the gubernatorial nomination on the June ballot anyway. Has Burgum been a good Governor? "I don't think he's been horrible," Becker responded, damning the incumbent with some faint praise. Becker says he's liked Burgum's pursuit of efficiencies in the executive branch, and he also liked that Burgum challenged what he described as the "coronation" of Republican Attorney General Wayne Stenehjem as governor in 2016, but that his leadership during the coronavirus pandemic, as one example, hasn't been to his liking. Given Burgum's use of his personal wealth in the 2020 primary campaigns, does Becker think North Dakota needs more restrictions on political money? "I think what he's doing is crap," Becker responded, "but I don't think we need knee-jerk legislative intervention."

Rob and Jay talk about the issues surrounding law enforcement, both locally and nationally.

Zach Raknerud is the endorsed candidate of the North Dakota Democratic-NPL for the U.S. House of Representatives. He also acknowledges that he's the underdog, by a country mile, in his race against Republican incumbent Kelly Armstrong. Still, he credits his recent criticism of what he perceived as Armstrong's silence in the aftermath of George Floyd's death in Minneapolis with getting the incumbent to engage. Raknerud also talks about how our nation can recover from the COVID-19 pandemic, how we can improve race relations and law enforcement, and his plan to diminish the power of big business in politics.

"Good cops know who the bad cops are." That's what Congressman Kelly Armstrong said on this episode of Plain Talk, addressing a question about what we can do to solve the problems with racism and abuse in America's law enforcement agencies. Armstrong, a formal criminal defense attorney, argues that most law enforcement officers are good people doing their best with a tough job. He'd like to see them given incentive to "weed out" the bad apples in their own midst. He also addressed an accusation from his opponent, presumptive Democratic House candidate Zach Rankerud, that he's been silent and inactive during the George Floyd protests. "I don't think he's been paying attention," Armstrong said. "I'm comfortable with my background talking about this."

How do we fix our national problem with law enforcement abuse? There's no single silver bullet that will do it, but on this episode of Plain Talk, Fargo defense attorney (and former cop) Mark Friese says one big step in the right direction would be to end to end the qualified immunity America's courts have created for cops. It's a little complicated, but unless the government waives it the police have immunity from lawsuits unless the courts have established that you have the right you're accusing the cops of violating. So unless you can show the court that you have a right not to have a cop kneel on your neck until you are dead, a lawsuit with that complaint is likely to be dismissed. This makes it "almost impossible" for law enforcement to be held accountable in the civil courts. Friese says other steps, such as removing "incentives for police to treat people inappropriately" and generally winnowing the number of crimes on the books, would also help.