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King’s red-herring allegation won’t silence me
Heath Haussamen
Attorney General Gary King attempted to damage my credibility and intimidate me into silence last week by suggesting that I colluded with Republicans to deflect criticism away from the governor and onto him. I don’t collude with politicians, and I won’t be silenced.
Attorney General Gary King doesn’t like being questioned. He has a thin skin and has repeatedly taken offense at criticism.
Last week, he directed his indignation at me in what I consider an attempt to intimidate me for expressing my First Amendment right to free speech and doing my job as a journalist.
You may recall me writing an Oct. 12 column criticizing King for accepting a $15,000 campaign contribution months after a law capping donations at $5,000 took effect. My bottom line:
“New Mexico was supposed to be done with an era in which voters had to consider whether large contributions were affecting the decisions of their elected officials. King’s office even stated, in the fiscal impact report for the bill that eventually became the new contribution limit law, that ‘placing limits on political contributions is the most effective vehicle for addressing the current ‘pay to play’ scandals.’
“Legalities aside, of all the statewide elected officials to not think about the appearance this donation would create, our top crime fighter, the man charged with rooting out corruption, the official who should be the most conscientious about leading by example on ethical issues, is doing the opposite.”
I don’t know whether King’s acceptance of the contribution is legal. Secretary of State Dianna Duran is investigating. Her office’s general counsel, Thomas Dow, sent King a letter on Oct. 13 asking him to justify the donation.
The letter also asked King to address why his spokesman, Phil Sisneros, used his government e-mail account to send me a message defending the campaign contribution, given that government and campaign issues must be kept separate.
Dow was aware of Sisneros’ e-mail to me because I forwarded it to officials in the Secretary of State’s Office in seeking comment from them on the matter. I wanted them to know what King’s response was. That’s standard in the process of reporting.
AG suggests ‘collusion between Mr. Haussamen” and the SOS
But King used my standard news-gathering to suggest, in his Oct. 25 response to Dow, that I was conspiring with Republicans against him.
He wrote that Dow’s letter asking him to address Sisneros’ e-mail “appears, in fact, to indicate some sort of collusion between Mr. Haussamen and your office to generate a baseless claim of ethical violation against the office of the Attorney General.”
King wrote that my request that Sisneros explain why the contribution was legal “is not unusual to the Office of Attorney General” and that the office “has a policy of answering questions of the press honestly and forthrightly when such questions are presented and the employee of the office is aware of the answer.”
That’s generally not been my experience when I’m asking for a legal interpretation, but that’s another issue.
King went on to request a copy of my “formal complaint” against him if I filed one (I did not), and wrote that if I did not file a complaint, he “would like to know what information was exchanged between Mr. Haussamen and your office prior to sending the October 13th letter.”
Then the whopper of an allegation:
“I am concerned that a response to a press question in the normal course of business has been blown up into an allegation of ethical misbehavior and would like to know whether this allegation was first posited by Mr. Haussamen, by your office or by some third party. It seems more than coincidental that such a ‘red herring’ allegation is raised at a time when a great deal of press scrutiny was being focused on significant claims of ethical violation of the Campaign Reporting Act by Governor Martinez for personal expenses not allowed by the act.”
To be clear, King is a Democrat. Martinez and Duran are Republicans. I believe the Martinez controversy to which King was referring related to a trip to California for a political speech.
King has faced lots of criticism
If King wants to see my entire correspondence with Duran’s office on this issue, he can view it all right here. That’s it.
I don’t collude with politicians, but I do criticize them when I believe it’s necessary.
I’m not the only one who has found it necessary to criticize King. People from across the political spectrum have criticized him for a number of issues including his acceptance of the large campaign contribution, his plea bargain with Jerome Block Jr., an apparent violation by his office of the Inspection of Public Records Act, his lawsuit related to the sharing of water between Texas and New Mexico, the way he’s handled corruption cases, his attempt to force nonprofits to register as political committees, and a general sense that he’s playing politics with his job.
Through it all, even when I have joined the criticism, I have published King’s defenses (here, here, here, here and here are examples).
I’ve hammered Duran and criticized Martinez and her administration (examples are here, here, here, here and here). I’ve also praised King and Martinez when I thought it was appropriate.
I’ll keep doing my job
King’s use of the term “‘red herring’ allegation” is interesting. He’s an incredibly smart lawyer and longtime politician who understands the meanings of words and chooses his carefully. I authored two columns criticizing King in the month before he sent his response to Dow. In suggesting I might be conspiring with Republicans to deflect criticism away from Martinez and onto him, I believe King intended to damage my credibility as a journalist and intimidate me into silence.
In short, it was King who tried to distract from the real issue.
Considering that King prides himself on being the drafter of the state’s Inspection of Public Records Act, and that, as AG, he’s the enforcer of open-government laws, I find it incredibly offensive that King is attempting to intimidate me into silence because I exercised my First Amendment right to criticize him.
I expect better from my attorney general. Then again, this isn’t the first time he has disappointed.
What sort of chilling effect might the AG’s attempt to intimidate the media have? Well, it won’t silence me.
I’ll keep doing my job, even if that means criticizing King again.
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Any update on the investigation of former New Mexico Secretary of State Mary Herrera and her political goon entourage? Is requiring State Employees to gather petition signatures now going to be legal in New Mexico? Is retaliation against State employees now going to be legal? Are whistleblowers going to be hung out to dry after their lives have been illegally ruined?
Are you on another vacation Gary King or still celebrating Christmas?
Good work Heath, obviously our Aspiring Governor has a guilty conscience and as the bard says, thou dost protest too much Mr. King.
You are doing just fine.
Agreed justsayin.
Knowing Heath’s journalistic integrity and neutrality, he would be most willing to post a rebuttal, rationalization or even an apology from the AG at this site even now. Sorry for any stress this may have caused you Mr. Haussamen. I know how you feel. The love of truth is long suffering and never holds a grudge.
I believe it is time for Gary King to resign or face the legal consequences that he has created. I hope that the Federal Bureau of Investigation opened a file on him months ago when it became apparent an investigation was warrented.
Heath – anyone who follows NM politics knows you cover the issue regardless of what party or profession the individual involved is associated with. Keep up the excellent and ethical reporting.
Jeez, now I’ve got a bout of the guilts; I think you have not done enough to expose the ugliness without realizing that others far more powerful that I are intent on keeping things under wraps. You are obviously stuck in the middle and take it from both sides; I’m sorry about that. But one of our country’s founding principals was of having a free and independent press and our country would be far worse off if that were abandoned. It takes someone of courage to the job you do and you do it very well. Please don’t even consider giving in to this type of coercion.
King is protecting his own political reputation by using a little AG intimidation on a very smart reporter. If King is going to run for governor next term he would not want to be called on the carpet breaking the very rules he is in charge of enforcing. If King keeps these kind of arrogant political tactics up he will find himself standing at the exit door of New Mexico politics sooner than later.
After your done fighting this good fight with our AG can you please check into which political organization’s money is behind the Independent Source PAC ads who, according to the Associated Press, is a liberal political action committee headed by a private investigator. This PAC is running daily negative radio ads in the major cities in the state, which are critical of Gov. Susana Martinez’s administration’s educational policies. Flooding the radio airwaves across NM with negative messaging about a Republican governor during an election cycle sure is interesting use of PAC money.
Thanks for doing your job Heath!!
It’s laughable that Attorney General King, because of his stature and name, thinks he can intimidate Mr. Hausseman into shutting up and cowering in a corner like a scared puppy.
Heath is the ONLY political blogger with the guts and determination to question and probe suspicious practices and unethical behavior of NM politicians. I’ve never seen Heath take sides; he’s fair in his investigations and reporting; and he stays on issues like bees to wax.
Confronting corruption, unethical behavior, and abuse of power through fair and open reporting is the best way of holding public officials accountable. We need more of it.
Excellent work, Heath!!
Heath, I second the post by ched macquigg. Do not ever consider backing down. Sadly, it doesn’t matter the make, model, or year of the politician…corruption comes in many shades and is always in stock, especially in NM. Unfortunately, they have to be taken to the junkyard one at a time to effectively bring to light the damage they are doing. Hang in there and let us know if there are other ways we can help. Simply put, the AG should be ashamed of himself.
Heath – As a former journalist, current attorney, I must express my appreciation and pride in the job that you do at NMPolitics.net. You are a tireless professional who seeks the truth regardless of how uncomfortable it may be to you or your subject. Thank you. I truly value your site as one above the political fray – but deep enough in the weeds to keep me educated and informed. Must agree with Ched – your aim must be true. Thanks again.
Heath, what is ironic about King’s ham-handed tactic that is obviously meant to quiet journalists who simply seek information, is how your publication has actually been more forgiving of Gary King’s antics, more willing to accept his explanations for his various questionable acts as AG, than the majority of the blogs and news outlets. You have always let him write OP-ED pieces to explain himself when he has been in hot water, and you have been very patient with him in your editorial comments.
And so he bites the hand of the only mainstream political journalist who is still willing to give him a fair chance after all his scandals and failings?
I applaud your resolve in bringing this issue to light in spite of the threatening overtones that have been the hallmark of the Gary King administration. In my opinion he has used this office to go after his old enemies or potential opponents, and for political gain. The AG’s office staff are bullies in my opinion, who skirt the law to get what they want.
You fight back Heath, don’t let King silence you!
The Attorney General is getting increasingly paranoid as his dreams of being his father slip further and further from his grasp, though I have to wonder what would happen if he had the sense to get rid of Sisneros and hired a competent flak who could actually exercise some modicum of control over him… not to mention themselves.
This exchange made transparent to the public is a fine example of the Internet Reformation taking place today. Like the Gutenberg press, the Internet Reformation is the culmination of the power and glory of information made public and the decentralization of power. Thank you Heath for creating a distribution platform for truth.
Impressed with your professional journalism – keep it up!
Leadership by example should be the norm.
King’s leadership example has demonstrated a lack thereof. Therefore expecting his “people” to do better may not be what we should have exected.
Heath…..as long as you continue to publish and find truth for all of us to understand….that is good leadership for the media world to follow. People are learning to come to this site when others are printing slanted or not the whole truth shall we say.
Thanks…and continue!!!!!!!
If you’re taking flak, you must be over the target. Keep it up!
Right on Otis. When are these politicians going to learn to keep their mouth shut about the negatives and only bring attention to the positives.
Please post the official comments line phone number (if any) to the AG office. I, for one, would like to call and leave a comment.
King just welcomed about a thousand more sets of eyeballs watching this story. Like a lot of folks I frankly wasn’t paying too much attention to this story. Now I’ll be watching it closely and I won’t be the only one who now has an interest in the story. Once the public is made aware of a public official trying to intimidate or bully a journalist with the bona fides that Heath has earned in this state they get a little, no-a damned lot, defensive and offended. If Mr.King has made the mistake of thinking he is privileged and entitled to evade questions and violate ethics rules he has an unpleasant epiphany awaiting. New Mexicans in particular don’t like bullying of journalists.
Real journalism has been co opted slow and steady over the years…by a corporate-run media that cares less about reporting reality and what’s important than molding public opinion to their advantage; namely to protect their interests regardless of who else might be adversely impacted. Thank goodness for the internet, which still allows the few remaining real journalists out there, like Heath Haussmen, to gather and report the truth…which in the corporate-run media is an increasingly rare commodity these days. But when you do that, you also leave yourself open to criticism by those politicians who benefit from keep the electorate in the dark. Keep up the good work Heath.