New Mexico Attorney General Raúl Torrez
New Mexico Attorney General Raúl Torrez (Jon Austria/The Albuquerque Journal via AP)
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There are now six lawsuits (and counting) challenging New Mexico Governor Michelle Lujan Grisham’s public health order suspending Second Amendment carry rights in the Bernalillo County and the city of Albuquerque. While literally no local authorities are willing to enforce her clearly unconstitutional diktat, Grisham is still claiming that the New Mexico State Police will do her dirty work.

The State Police, however, have remained strangely silent on the matter and no one has been cited for any violations.

This afternoon, however, New Mexico Attorney General Raúl Torrez delivered the latest body-blow to the Governor’s authoritarian tendencies by announcing in a letter to Grisham that his office will not be defending her in court.

From NMPoliticalReport.com . . .

“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence,” Torrez’s letter stated. “Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster.”

Ouch.

That means Grisham will have to rely on the kindness of strangers to take up her side, countering the motions for temporary restraining orders, and then defending her in the mountain of civil rights litigation that will follow.

She’ll no doubt get offers of pro bono help from like-minded law firms, but Torrez’s announcement is a very public rebuke — this one from the state’s top law enforcement officer — and the latest humiliation for the hapless Governor following her disingenuous, half-baked, unconstitutional order.

Here’s the letter.

 

 

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72 COMMENTS

    • Ka-BOOM.

      Given the NMCRA, *nobody* is gonna touch trying to enforce this. This letter — from the chief legal officer in the state — will be Exhibit A that the EO is illegal, and therefore any department that tries to back the Gov on this is gonna get nailed.

      • I wonder if this is why the TRO hearing this morning was cancelled. My theory of how it could have happened:

        Court sets TRO hearing.
        Judge’s law clerk then calls AG’s office to advise them of the hearing. (AG hasn’t entered an appearance, and so would not have received notice via the Court’s ECF system.)
        AG’s office tells law clerk, “we may not be willing to represent defendants — please give us a bit of time.”
        Law clerk tells judge. Judge doesn’t want a circus where nobody’s representing the Governor at a TRO hearing on a high profile matter, and so he cancels the hearing.

        Either way, if the Gov doesn’t take the hint, she’s setting herself up for still more embarrassment.

      • That’s cute. Someone here still thinks New Mexico has legitimate elections where votes are honestly counted to reflect the will of its people… 🙂

        Show me a Progressive Blue State, and I’ll bet dollars-to-doughnuts the cheating is strong there.

        • That is totally true. I live in NM and I was a poll challenger and boy did I learn a lot. The elections for sure are cheated big time here. Major, major reform efforts are needed.

        • This is possibly a ploy to test those in the .gov to see if they will tow the line and see if they need to be replaced with compliant organs. The state police will need to be brought in line as well as the AG with the Party. OR… A big or, she took an envelope of cash from someone who wants the populous disarmed. Could be anyone from the demanding moms to the cartels, who fraking knows, it might come out some day.

        • Yes, there have been election fraud attempts in New Mexico.

          By the Republicans.

          “Sex, drugs and deleted ballots? New Mexico elections official hit with ethics charge
          A state agency filed an ethics lawsuit against a Republican county clerk, who allegedly mishandled ballots and a Taser.
          Feb. 11, 2023, 7:00 AM EST
          By Jane C. Timm
          A county clerk in New Mexico abused the power of her office and broke the law in the run-up to the 2022 elections, a state agency alleged in court this week, claiming that the official deleted and mishandled midterm ballots; sought, obtained and discussed drugs; and even deployed a Taser near a coworker.

          The complaint also alleges that Yvonne Otero, a Republican elected as Torrance County clerk in 2020, violated election procedures around certifying election machines, alluded to having sex and doing cocaine during work hours and threatened employees — before she eventually just stopped doing her job in the fall, before the election.”

        • Yeah miner. Those dems are little boy scouts. No scandals in their party, right.

          You are pathetic. And you are why we buy a million plus guns a month. So thank you. Keep doing what you do.

  1. Dayum! Attorney General Raúl Torrez has just delivered that heifer to the slaughter house. He didn’t hit her in the head with the hammer – but that’s coming soon, as well. Maybe Bloomerburger will fund her defense? Otherwise, she’s gonna be on the hook for a LOT of legal fees! I hope it eats deep into her own, and democrat coffers. Be sure to slop all the hogs with her money!!

    • He doesn’t ” I do not believe it passes constitutional muster”? BS what a waffleing pansie. But he ALSO is a demtard so can’t expect much.

      How about an unequivocal statement – “Gov your idiotic order is Unconstitutional and this office is charging you for ___________”

  2. I shouldn’t be surprised when idiot politicians do things that they know won’t stand up to constitutional tests. They can always say “Well, I tried to protect your babies, but those evil Republican judges won’t let me” Governor Grisham fails to understand or doesn’t care that even the members of her own party won’t support her on this one. Many years as a junior NCO I remember being taught “never give an order that you know won’t be obeyed.” Who’s going to enforce this? The local police and sheriff departments won’t touch it and the state troopers have better things to do with their time like keeping people from killing other out on the highway.

  3. Seems like this democrat-engineered crisis is potentially opening a window for some of you folks to understand why us former two-time Trump voters were horrified when he said “take the guns first”, and “ban bump stocks” and “A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution”.

    It isn’t just Democrats. Well, I mean, it pretty much is, especially if you acknowledge Trump was a NY Democrat for decades, maybe those deep roots are what caused him to say these things. But the point is, don’t think it can’t happen to us just because we vote R.

    I’ll probably have to hold my nose and vote for him a third time, looks like there won’t be a choice, but dammit, we should make sure he knows that we’ll cut his balls off and throw him out of office if he tries to actually pull any of this dictatorial Lujan Grisham type shit.

    • Trump may get to run however the election will not be in his favor.
      Jan6, a man that can call up an “inserection” will not be allowed.
      To easy for another Hitler to happen.

      • He’s been upgraded to Hitler? I thought he was supposed to be worse than Hitler. I’ve been told Jan 6 was the worst moment in American history. Remember how horrible life was in 2017-2019? We had to worry about things like secret Russian agents and overfed gold fish. Things are so much better now. We should spend more time bitching about Trump because that will make life better.

        • Being dubbed as “Hitler” or a “Nazi” has become the highest compliment of the Left. They’re scared shitless of you by that point in time and really have little else.

          The idea that their Leftist tide could be turned back by ordinary folk is truly chilling. Ditto that normal, unwoke people would actually know how to live their own lives better than the elite.

    • Remember back in 2020 when all the speculation focused on how Trump was going use Covid as an excuse to release his inner Hitler and declare martial law?? I remember thinking at the time he couldn’t win – he was going to be condemned from all sides for any actions that could be remotely seen as authoritarian. And then – he declared that the states would determine what their response would be, and he would follow the recommendations of the “experts” at the CDC and NIH. And the dictators ended up being Fauci et al.
      If he was going to do Hitler, he already would have.

      • “Trump was going use Covid as an excuse to release his inner Hitler and declare martial law??“

        Yep, that was exactly his plan, his team was just too incompetent to carry out his initial plan.

        So then they tried the stolen election bullshit.

        “A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution”.

        Remember the meeting at the White House when pillow-head was advising Trump:

        “Trump ally Mike Lindell of My Pillow pushes martial law at White House
        Photographer snaps pictures of notes near West Wing
        Visible words include ‘Move Kash Patel to CIA Acting’
        “Later a Washington Post photographer caught images of Lindell in which parts of notes he carried were visible. Among visible text were the words “Insurrection Act now as a result of the assault on the”, “martial law if necessary” and “Move Kash Patel to CIA Acting”.
        The notes also referred to Sidney Powell, an attorney and conspiracy theorist involved in Trump campaign lawsuits meant to overturn election results in battleground states, almost all of which have been unsuccessful.“

        https://amp.theguardian.com/us-news/2021/jan/15/mike-lindell-mypillow-trump-white-house-martial-law

  4. This is a political hit job made possible only by the Gov’s Hubris.
    I am a NYer and I have seen this very recently when our AG, Leticia James, took out Andrew Cuomo; I was certain she would run for his vacate seat (she is merely a political climber and nothing more) and when she didnt I was surprised, but am certain a deal was cut to put her in line for Schumer’s seat.

    None the less, this move, by the NM AG, tells me that impeachment is a REAL viability notwithstanding the heavily Dem legislature.

    This is will only get more entertaining and schadenfraude is my favorite emotional state.

  5. I wouldn’t get too excited about this guy. A: He’s a Democrat, B: He served as an advisor in Obama’s DOJ, C: He’s “stood up for common sense gun safety laws” per his website. D: Did I mention that he’s a Democrat Politician? Woven throughout his letter was him supporting the Gov if she worked the legislative process. Do you think your constitutional rights are safe with this chameleon?

    • Who cares? I just want to see Grisham get spanked. The fact that her AG won’t back his governor is satisfying enough for now.

      Now that the hearing is set for tomorrow, I wonder who is going to represent the guv?

  6. “Grisham is still claiming that the New Mexico State Police will do her dirty work.”
    And they are/will. They’re using videos and photos to identify folks attending the protests while armed. They’ll use facial recognition software to find these folks and send the their citations through the mail. Of course everyone attending was carrying a BB or toy gun (they paid cash for) or had 3d printed and will force the state to prove it was actually a firearm. 😉 When the state can’t prove it was an actual firearm they’ll all file a 1st amendment violation suit against the state for a few $mil.

    • ” Of course everyone attending was carrying a BB or toy gun (they paid cash for) or had 3d printed and will force the state to prove it was actually a firearm.”

      That’s brilliant! Hadn’t thought of that.

      I almost thought about driving into NM for that protest, because I don’t have a NM carry license, I have a TX license, and I thought it might be an interesting test case since as far as I can tell, she suspended carry licenses but she didn’t (near as I can tell!) suspend the reciprocity agreements with other states. And she certainly can’t suspend a TX license.

      But man, yeah, the 3D printed/airsoft claim is excellent.

    • Anyone who they try and prosecute is gonna have a slam dunk case against the agencies involved under the New Mexico Civil Rights Act (no qualified or sovereign immunities for violations of state constitutional rights).

      *That’s* why the local authorities (and likely the AG’s office) are saying “you’re on your own, sweetheart.”

    • “force the state to prove it was actually a firearm. 😉 When the state can’t prove it was an actual firearm they’ll all file a 1st amendment violation suit against the state for a few $mil”

      Excellent suggestion for Hunter Biden’s defense team, thanks!

  7. PRICELESS: Gun Controller SUPPORTED Sheriff BREAKS their souls in ULTIMATE backfire… This is GREAT. (note: not my title, title of video on youtube)

    • Dood. You’ve become the resident TTAG’er who watches “all the vids”. Remember to go outside five minutes every hour to rest your eyes and get some sunshine…

      • I just set it up some searches on my wife’s computers she does her research contracts on with their specialized search software to monitor youtube for news. Then I look at what its found and if its interesting and I have time i’ll post it. I’m actually at work most of the time I do that, I don’t watch them per ‘se then even though I might watch a little sometimes and maybe later. I work around 14 – 18 hour days normally in experiment heavy times. But there is a lot of time sometimes while I’m waiting for experiment results or for something else to happen, contrary to what may be thought not all physics work happens at the speed of light or instantly so some ‘tasks’ or experiments might take a while to complete, so I need to break to think about the project and organize my thoughts on it and watching the video helps me do that, so I might watch them then or post them.

  8. Serves the tyrannical bltch right. She’s out of her demented mind to think she’ll be able to see an unlawful order function at all. I’d love to prove she’s taking bribes from the left.

  9. No law firm is going to step in and defend this–they’d be risking getting shot up by some psycho with a short attention span who doesn’t like the pace of the court system.

    • Yep.
      AG won’t do it because of Constitution but Bloomberg’s lawyers sure will.
      I’m just wondering when theBiden is going to send in the troops to stop the rebellion.

  10. This is why every law abiding citizen Must be allowed to protect and defend themselves from the people who don’t abide by the law. Which is why the 2nd amendment was written into the Bill of Rights and added to the Constitution. Dec.15, 1791, 1 year and 7 months after the Constitution was ratified on May 15, 1790.
    Armed bystander stops attempted robbery at fast-food joint | Fox News
    https://www.foxnews.com/us/armed-bystander-stops-attempted-robbery-fast-food-joint

  11. “That means Grisham will have to rely on the kindness of strangers to take up her side…”

    Call me skeptical, I will be SHOCKED if the legal fees spent defending these diktats are not somehow eventually placed back on the taxpayers.

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  13. Rule .308 IS IN EFFECT until further notice, as the 17a state militias and sherrifs coordinate with “courts” being convened. They will have “binding” just as tightly as any inner city $oro$ DA/prosecutor.

  14. Supposedly, according to the New Mexico State Police, the state police will be breaking their oath and conduct an unlawful and unconstitutional action to use the video from the rally to identify people upon which to ‘serve’ citations (mails) for violating the illegal and unconstitutional order > see 3:35 in the video I posted here > https://www.thetruthaboutguns.com/new-mexico-ag-to-governor-grisham-on-second-amendment-suspension-defense-drop-dead/#comment-6786600

    • of the state police do that we add a new dimension to this … violation of 1st, 4th, and possibly 5th, amendment rights

  15. State police ain’t trying to get in no shoot out with good folks. Without a majority of good folks backing law enforcement doesn’t work. It’s an illegal law and everyone but this idiot knows it.
    Now let’s see if y’all got what it takes to get her out and put someone in that respects your rights

  16. Considering while the Governor has legislative immunity from civil rights violations, the same can not be said for any law enforcement personnel who attempt to enforce this… Honestly this is a perfect case to test what legal immunity an elected official has… In my opinion is why Governor what’s her face is getting told to bound sand… because if we can get legal immunity removed from Officials in cases of violations of the Constitution then they will have to think twice every time they try to pull something like this.

  17. THe good Judge put the problem well no doubt but with an eye to the next election.
    All weell and good but neither he or the opening comment comes up with any better suggestions and surely the RIGHT of EVERY INDIVIDUAL to walk the Streets without out gettingD SHOT c should be the PRAMOUNT consideration.
    The tide is turning and no matter how you quote the SECOND AMENDMENT to the US Constitution.
    Remember this though IT WAS AN AMENDMENT and it was brought about when the newly formed United States ‘Continental’ Army was in a parlous State and TRAINED Volunteers. T were thought to be needed. This is no longer the case and that role is filled by the NATIONAL Guards Units.
    If the CONSTITUTION was AMENDED for a specific purpose to cover what at the time seemed to NATIONAL SECURIT bthen surely it can if enough people want it AMENDED again in the Public Interest.
    That does NOT mean a ban on firearms and more vthanthere is an avbsolute ban of G Firearms in saybthe UK, CANAD or EUROPE etc. but what it means is that there is NO ABSOLUTE right of ownership without safeguards geared more towards the PUBLIC INTEREST rather than gun ownership as an absolute right.
    If the gunownership fraternity do not learn to co-operate in a sensible way rather than let EMOTION and ill-informed Political Rhetoric hold swaynthen withing a decade there wILL be a situation where more Draconian controls that are strictly nessessry will be applied. And I speak with experience.
    Is there ANYTHING more bloody PATHETIC than some FAT BEARDED Good ‘Ole Boy buying MILK mn WAL-Mart with a Semi-Auto and enough ammo to start a war. on his person. Have you any nidea as to how howlingly funny and peculiar this is to the rest of the world –

    • Yes, the Constitution can be amended. The collectivist authoritarians who would love to do so don’t have the support, and that support is not growing at the moment.

    • The world can find it funny. They’ll never find it as funny as your incoherent ramblings, exceedingly poor grammar, abundant spelling errors, straw man arguments, absolute ignorance of the Constitution, and general buffonery. I don’t use words like buffoon lightly either. You are probably the most unserious person I’ve ever seen.

  18. “THe good Judge put the problem well no doubt but with an eye to the next election.”

    The judge is appointed, not elected. You don’t know anything about how the American justice system operates.

    “…the RIGHT of EVERY INDIVIDUAL to walk the Streets without out gettingD SHOT c should be the PRAMOUNT consideration.”

    The right of every American to protect himself is a God-given natural right that can’t be abrogated by man.

    “Remember this though IT WAS AN AMENDMENT…”

    Every amendment is part and parcel of the US Constitution. The first ten amendments of the Constitution were approved as part of the entire document when it was ratified. You can no more separate the Bill of Rights from the Constitution than you can the preamble or any part of the whole.

    “If the CONSTITUTION was AMENDED for a specific purpose to cover what at the time seemed to NATIONAL SECURIT bthen surely it can if enough people want it AMENDED again in the Public Interest.”

    There is a process in place to amend the Constitution that is provided in the document itself. Currently there is no amendment being proposed that would abrogate the Second.

    “…there is NO ABSOLUTE right of ownership without safeguards geared more towards the PUBLIC INTEREST rather than gun ownership as an absolute right.”

    The Supreme Court of the US has ruled that firearm ownership is an individual right. Period.

    “If the gunownership fraternity do not learn to co-operate in a sensible way rather than let EMOTION and ill-informed Political Rhetoric hold swaynthen withing a decade there wILL be a situation where more Draconian controls that are strictly nessessry will be applied.”

    No. This was just disproven yesterday.

    “Have you any nidea as to how howlingly funny and peculiar this is to the rest of the world – ”
    We don’t care — your feelings are irrelevant.

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