Andrew McCullough's Blog

Candidate for Utah Attorney General (again)

2012-01-15T20:09:00.000-08:00

This is my announcement that I will be a candidate for the Libertarian Party nomination for Utah Attorney General in 2012. I have perviously been a candidate for this office. In 2008, I received 38,000 votes, or 4.1%. While that did not affect the race (the Democrat did not poll very well), it helped the Libertarian Party stay on the ballot (we need 2% of the statewide vote), and it helped our party grow. As I prepare to join the campiagn again, I note that the "war on drugs" goes on, and that there is no sign that the government is winning. The government wants to extend its ability to search without warrants, to detain people without trial, and to genrally increase its power over its citizens, in the name of "safety". But I don't feel safer. Instead, I fear my government and the power that it takes upon itself to fight "wars" (on drugs, on terror, on pornography) that will never be won and will never be over.

The responsibility and opportunity of a "third party" candidate is to change the nature and tenor of the debate. Those of us who think the government already has too much power over our lives cannot be satisfied that the debate between the two "major party" candidates is likely to be over who can be "tougher on crime". If I were elected, I would concentrate on the kinds of crimes that actually affect our quality of life. The prisons would not be full of non-violent drug offenders. The citizens of this State would be more free to be different from their neighbors.

If you agree, join the fight, and tell a friend.

War on Drugs hits home

2012-01-07T16:51:00.000-08:00

January 7, 2012

It has been a while since I have updated this blog. Hope to do better, but so very busy fighting the "man".

This past week the War on Drugs came to Utah with a vengeance. And it was a real war. The Ogden area, like others in the State, maintains a militarized "task force", supposedly to fight drugs. These guys train for battle, are heavily armed, and wear body armor, in anticpation of a firefight. This week twelve of them planned a "raid" of a home where they reputedly had information that an occupant was growing his own marijuana (and may have sold some - it still is not clear). They broke in his door at night; and things did not go as planned. One is dead, two others are in critical condition, and three others were wounded less seriously. The community has come together for candelight vigils and other expressions of support of these heroes.

I want to make it clear right now, that this was a tragedy. It should not have happened. But I look around and I do not see any heroes, just more victims of a drug policy which creates so many of them. What possible reason was there for this military assault? Was anyone in immediate danger of serious harm? The tactics themselves make little sense. They knew who lived there, and that he worked a graveyard shift at Walmart. Why not wait until he was not home? Better yet, why not try and arrange to go there during the day and talk to him in a civilized manner? Or even better yet, why not ask if such a "raid" was even necessary? Marijuana possession is not s serious crime, even in Utah. When twelve heavily armed men charge a house with guns drawn, doesn't it seem likely that SOMEBODY may get hurt? Is grabbing a few marijuana plants worth ANYONE'S life?

I am reading a book about a man who grew up with drug addicted parents in New York. Wouldn't have had a chance in life except for a friend who helped him get out and lead a real life. The drug war went on all around him; and those police who were fighting it never had a snowball's chance in the hot place of winning. So lives were destroyed and nothing got better. I do not like drugs. I do not use them. I also do not, however, believe that I can force you to do as I do. I have wateched the drug war lose ground from the day President Nixon decared it. A whole generation of young people have been made criminals, and it is NOT getting better.

We should mourn the fallen officers; and we should mourn the man whose life has been destroyed by defending his home against a nighttime breakin by men he likely did not know were police officers. And then we should talk about how to fight the evil effects of drug addiction without destroying more lives.

Please consider doing something to help. I am gearing up to run for Utah Attoreney General. Yes, I have done this before; but this incident reminds me that we need new ideas in law enforcement. Join me in my fight for common sense. And demand a stop to the violence.

Ups and downs on the road to freedom

2011-09-24T19:20:00.001-07:00

September 24, 2011

I just attended (but felt to old to fully participate) Utah's "undie's run". Hundreds of people in their underwear gathered at Gallivan Center and then either walked or ran up State St. to the Capitol. I thought it was just too much of a hill, and now I wish I had gone up. Some were real athletes who ran hard the whole way. Most ran and walked at their own pace. The police closed State St., and it was quite a festive occasion. There was to be an "after party" at the Gallivan Center with music and beer after, but I left. Very impressive event, and many wrote messages of freedom on their bodies, protesting Utah's liquor laws, advocating legalization of mj and gay marriage, etc. It occurred to me that this is my constituency, and that I should have done something to let them know who I am and what I stand for. They should all vote for me in my next run for Attorney General (if I do it). I have to work on getting that message out. Anyway, I left feeling quite good about freedom in general. And the funny thing is that tonight was also the LDS Church Women's conference. TRAX was full of well dressed women on their way to conference. I can't help but chuckle about the two groups running into each other on the way home.

Last week I went to Las Vegas for a convention. I have always been able to avoid those new scanners at the airport until now. I was scanned going both ways. The scanners have been modified to eliminate the explicit nature of the images. But, on the way down, a single dime in my pocket triggered an extra pat down. On the way back, I was very careful not have ANYTHING in my pockets, and the machine found nothing. Nevertheless, I still got the pat down. This time he took my wallet and leafed through it. I assume that was a result of the raised middle finger during the entire process. To their credit, they were polite enough, even wishing me a nice flight. But the combination of that damned machine, the extra patdown, and the wallet thing made me feel quite violated. It is my understanding that Congress is in the process of defunding the machines. It will not be soon enough for me. No, I do NOT feel safer. I only feel harassed. And I do not like it. Thanks again to Congressman Chaffetz for his untiring efforts to do away with this.

And finally, I need to mention the sadness of the execution this week of Troy Davis, in Georgia. I don't know whether he killed that police officer. And I don't think the State of Georgia knows either. There have been so many mistakes, that unless we really are sure, this final solution should NOT be used. Please read my previous blog (Innocent Man Part 2) about our successful efforts to exonerate a man who spent over 4 years in prison for a cirme he did not commit. And I also recommend that you read John Grisham's recent and disturbing novel, "The Confession", about efforts to save an innocent man from execution. Last week, during a debate, Governor Perry of Texas boasted about the number of execution in his State during his watch. What a horror, if we elect this man President.

I am working on putting together a campaign for Attorney General (again) because somebody does need to keep saying what needs to be said about freedom. And enither of the two "major party" candidates will do so. Please help me with this effort. Register to vote, tell your friend, and consier a small contribution. There is so much that needs to be done to advance the cause of freedom.

An innocent man, part 2

2011-09-12T09:18:00.000-07:00

September 12, 2011.

First, I apologize that I haven't been working on this blog for a while. So many things to do. So many windmills to tilt at. Today, however, it is most important that I take the time to do this.

Back in July, 2008 I posted about my efforts to obtain compensation for a man who had spent four and a half years in prison for a crime he did not commit. Due to the efforts of his public defender, his conviction was thrown out, and he was set for a new trial in July, 2007. On July 6, 2007 (happens to be my birthday), the State dismissed all charges, and he was released. The next day he came to see me about obtaining compensation for his wrongful imprisonment.

Harry Miller had been charged with an armed robbery in Salt Lake City at a time when he was most certainly in Louisiana, recovering from a mild stroke. Evidence showed that he was there at least a few days before and a a day or so after the robbery, but there was a period of 2 days or so that was not clearly accounted for at trial. Despite the fact that it did not seem likely that he was in Utah during the crime, it was POSSIBLE, based on the lack of precise evidence of alibi, that he could have gotten on a plane, flown out here, committed the robbery, and flown back. His trial attorney thought this was so silly that he didn't see much likelihood of conviction. The fact that Mr. Miller is black, and the victim didn't have much contact with black men, may have figured in. More than two years later, the victim identified Mr. Miller as her attacker, and, despite the seemingly weak evidence, he was convicted.

At the time he was released, there was little that could be done. The police had not falsified evidence or done anything else to violate their oaths. But the legislature was considering a new law which allowed compensation for people imprisoned, who were later determined to be "actually innocent". We patiently waited almost a year until the new law went into effect, and then we filed. In my July, 2008 post, I noted that the State did even not want to give Mr. Miller a hearing to determine his innocence. They simply relied on the evidence at trial, and claimed that it was too late now to add extra evidence, even though the results of that trial had been thrown out. The District Judge agreed, and we appealed. On November 19, 2009, the Court of Appeals said that we were entitled to a hearing at which we could introduce whatever evidence we had of actual innocence.

At this point, the Utah Innocence Project stepped in and volunteered to use its resources to track down witnesses, issue subpoenas, and put together a good case. They did a wonderful job, and it began to appear that we would win. But, it took over four years from the time that he was released.

I AM TOTALLY THRILLED TO REPORT THAT THIS MORNING THE STATE STIPULATED TO FACTUAL INNOCENCE, AND THE COURT SIGNED THE ORDER COMPENSATING MR MILLER FOR HIS TIME SPENT IN PRISON. THE COURT ALSO EXPUNGED HIS RECORD OF ARREST AND CONVICTION. THIS IS ONE OF THE GREATEST DAYS FOR MY LAW PRACTICE. The practice of law is terribly frustrating on many occasions. Many times I am convinced of the rightness of my cause, and I lose anyway. Sometimes I almost want to quit. DAYS LIKE THIS MAKE IT ALL WORTH IT. JUSTICE HAS BEEN DONE. CONGRATULATIONS, MR. MILLER.

I am very pleased for my part in this. The appellate lawyers who won a reversal, Margaret and Patrick Lindsay, and the lawyers for the Innocence Project, especially Jensie Anderson, did as much or more. Thank you all for what you have done. And thank our founding fathers for a system that (at least sometimes) works to achieve justice. WHAT A WONDERFUL DAY.

Just a bit more

2011-06-19T14:18:00.000-07:00

June 19, 2011

After not blogging for a while, I seem to be back at it with a vengeance. Today's news was just too much to pass up. the Utah Republican Convention yesterday passed a resolution asking the legislature to repeal the "guest worker" bill which has not yet gone into effect. The proposal was opposed by the governor and the AG (and most likely the Church of Jesus Christ of Latter-day Saints, though their statement was open to different interpretations, of which there were plenty). I don't think everyone who voted for this resolution is uninformed or intolerant. But I do think that it is a sad commentary on those who so loudly protest "amnesty". The fact remains that migrant workers are an important part of our seasonal agricultural work force. Some states have had to impress prison inmates to pick crops, after their migrant workers were scared off by anti-immigrant laws. The question that seems most important to me is whether this emphasis on "protecting our borders" (from what?)is necessary to make us safer. That seems just silly to me; and I do hope that cooler heads will prevail. And for those who agree that the Repbulcialn Party has become the party of intolerance, we would welcome you to the Libertarian Party. www.lputah.org

And I just had to comment on the latest news of a Republican State Senator in Idaho who was arrested over the weekend for DUI; and for doing it in someone else's vehicle, which just happened to have the keys in it. Yes, I know that last week it was a Democrat who resigned in disgrace over the horrible crime of "sexting"; but I always think it is so much more fun when it is the "family values" crowd -- those who preach to us how we should live our lives, and then go out and do really dumb stuff. Enjoy your Father's Day, Senator. And if you were really going to run for Governor, maybe you better make some new plans.

Press celebrities?

2011-06-18T22:12:00.000-07:00

June 18, 2011

Once again, it has been a while since I wrote here. And much has happened. In my last entry, I mentioned that I am suing the Attorney general and the Salt Lake City police chief over a new law which allows arrests for sex solicitation based on such "provocative" activies as touching oneself in a way that makes a police officer believe you are willing to engage in sex for money. That legal action is still in the beginning stages, so not much to report. The press, however, has picked up news about the lawsuit, and it has been published in the Washington Post, the Boston Globe, and other media outlets around the country. We should start making real progress on this action in the next few weeks, and I will try and keep readers updated. I will make a plug here for my website at www.andrewmccullough.org where I have posted the complaint. I will continue to post there major legal items as well as major press stories. You might want to browse that from time to time, to get more information on my adventures.

Shortly after filing that action, the New York Supreme Court, Appellate Division (the intermediate appellate court in NY) ruled against my client in a dispute with the New York Tax Division over the taxation of dance entertainment. It seems that some dancing is just artistically (and morally) superior to others. If you don't make the cut, you pay more taxes. and the New York Tax Appeals Tribunal has set itself up as a dance critic to tell us who gets the favorable tax treatment. Once again, I spent a lot of time last week being interviewed by the press. This time, of course, the articles were about my big loss. If I am going to enjoy my 15 minutes of fame, I surely do not want it spent as a loser. But, of course, we will appeal to New York's highest court. We will also go through another tax audit at which we will have the opportunity to convince the authorities that we were right all along, by bringing in additional evidence. I was recently interviewed by several New York newspapers as well as the British press agency, Reuters. I really do hope I will be able to finish this case out as a winner. We will see. Once again, major developments and legal papers will be posted on my website.

In my last posting, I also said that I was rebuilding my website for a possible additional run for Utah Attorney General. It seemed obvious to most people at that time, that our current AG would not be running for reelection. His health has improved, and now he says he may run again after all. In that regard, I note in today's Salt Lake Tribune, two major articles about him. The first one, on the front page, talks of his relationship with a big contributor who is now in jail for fraud. There is a photo of the AG in the donor's Lamborghini with the statement that "Who doesn't want to sit in a Lamborghini and get their picture taken?" I don't know, Mark, I have to admit I never have given that possibility a moment's thought. But then my friends and contributors don't drive cars like that.

The second article about our AG in today's paper discusses his appeal of a recent ruling that freed Debra Brown, after she served 17 years in prison for a murder she did not commit. The AG does not want to allow this to become precedent, so that others falsely convicted of a crime may be compensated for their years behind bars. So, if the appeal succeeds (which it won't) she will possibly go back to prison. and while we are speaking of the precedent, I will not yet another upcoming article featuring me. this next week, the Salt Lake City Weekly will feature an article on another person who was freed from prison after 4+ years for a robbery he did not commit. And the AG is trying to stop him from being compensated too (once again for the "precedent"). Shame on the AG for this. If they are innocent, the state owes them a loud apology and at the very least, compensation set by law for time spent in prison. Watch for this article and see for yourself what you think.

Well, life is very hectic, as you can see. Look for links to the various articles on my website, and stay tuned. I will continue to do my best to advance the cause of freedom in court and on the political trail. Help me out where you can. and let's all be heard to oppose government efforts to restrict our freedoms. "Eternal vigilance is the price of liberty".

The battle is joined

2011-05-07T19:12:00.000-07:00

May 7, 2011

My last blog here is from February, and tells of my rough day at the legislature testifying on a bill which should not have passed. I have no excuse, other than just being very busy, for not posting more recently. And I won't make this long because I have to go to the airport soon to pick up a friend. But I will announce that I filed a legal action yesterday to invalidate the law that was passed by the legislature after my testimony. The objections to the bill were solid, and it would have been great if someone had given me the courtesy of really listening to what I said, and reading the material I brought along. Now I can be pretty sure that the Federal Judge will read the stuff. And this should have been avoided. The Utah legislature often (but not always) tends to be deaf and blind when the question of morality comes up. It would be better for everyone if they just used some common sense.

Keep an eye on the news, as this should be mentioned soon. As always, I have fun when I have an opportunity to fight the man.

And, BTW, I have started rebuilding my website to run for Utah Attorney General in 2012. It is not too soon to consider a small contribution. I saved my party's ballot position last year by barely polling enough votes for Governor. But that is just no my thing. Running for Attorney General gives me the chance to be heard on the issues of personal freedom that are really of significance to me

I read this morning an article in Esquire magazine about a man who was imprisoned for over 20 years for a rape that he did not commit. This next week, another man, also imprisoned for many years for a crime he did not commit, will be the mains speaker at the Utah ACLU dinner. I wish these were isolated incidents. I have been representing a man who was imprisoned for over 4 years for a robbery he did not commit. And the State is fighting tooth and nail to deprive him of his rightful compensation. I am getting old, and I cannot keep up the fight forever; but there is so much oppression in the name of "safety". Join me today in the fight for freedom. "You have nothing to lose but your chains.

Watch this space I intend to be more active here.

My day at the Utah Legislature

2011-02-15T18:32:00.000-08:00

February 15, 2011

It is illegal in Utah to offer or agree to a sex act for money. Not unusual. But today, the Utah Legislature took the first step to expand the "sex solicitation" law to also make it unlawful to do such things as expose a breast or even to touch your own buttocks, while "intending to commit" a sex act for hire. The fact that this law is totally ridiculous did not seem to occur to many on the House Judiciary Committee.

This Bill was introduced by a Democrat from Salt Lake City, who apparently was asked to do so by Salt Lake City Police. She brought with her the City Prosecutor, a Salt Lake vice officer, the Police Chief, a vice officer from Sandy, and the lobbyist for the Statewide Association of Prosecutors. The committee allowed her and her entourage to go on for over a half hour about how this Bill was necessary to fight prostitution. Under cover police officers, we are told, are asked to do things such as touch themselves or touch the girl, in an effort to find out out if he is a cop. So, now all an officer has to do is to say that she asked me to do this, OR that she acted in a sexually provocative manner, leading him to believe that she might be willing to have sex for money. WOW!

My clients are adult entertainers. They are licensed and regulated; and THEY ARE ALLOWED to strip and to touch themselves. One legislator made it very clear that he does not believe the First Amendment was ever designed to protect nudity. But, of course, the Supreme Court says it was. Now, properly licensed entertainers who follow all the rules are in danger of being treated by police as prostitutes. The Police Chief said they would only use the law against those who they had reason to believe were prostitutes. The problem is that they believe this about everybody.

I was told, when it came my time to speak, that I had two minutes. When I complained, the chair did allow me an extra minute or so. This, after all the officers and prosecutors had spoken as long as they cared to. I tried to explain the problems with this Bill, and in the end I convinced one brave committee member. Thanks you, Rep. Hutchings.

The Bill is not yet law. Hopefully, there will be another chance to slow it down. and the legislature only is in session for 3 more weeks. For those reading this who would like to be of help, consider contacting your legislator and asking him or her to vote "No" on HB 121. This Bill will go a long way towards ruining the lives of young girls who only wanted to earn some extra money, in a LEGAL, LICENSED occupation. Shame on the legislature for this.

Once again, I can't help but notice that a morality bill is introduced by a Democrat. Those who believe that Democrats are less willing to sove their morals on ohters are just wrong. And once again, I am glad that I am a member of the one party that will not push its morals on others. Get involved in the Libertarian Party. There really is no place to else to go for those who really believe in personal freedom.

I do want to say a further word about Republicans. I tend to diss them as a class for their willingness to interfere in our private lives. Rep. Hutchings is a Republican and a BYU alumnus. Ealier this week Congress renewed provisions of the Patriot Act which allow the FBI to spy on US citzens. Senator Lee and Congressman Bishop, who voted "No", are also Republicans. Thank you, gentlemen. I will try and remember that I should not condemn all members of the Party because many of them support oppression.

More thoughts from Dr. John's attic

2011-01-30T19:58:00.000-08:00

January 30, 2011

Yesterday the Utah legislature gained another Republican Representative, elected by Party delegates when it was found that the freshly re-elected Representative had been drawn out of his district by the Utah County Clerk, without notice to anyone. Why wasn't he told when he filed to run or when he was certified as elected? Nobody seems to know. What I would like to know is why Rep. frank was the only one who lost his job over this. And I would also like to know why the Republicans got to fill the vacancy in a party meeting, when their candidate was not eligible to run. I have to admit to being disappointed that the Democrats did not challenge this in Court. I was sad that this happened in a District where my party had no candidate. You can bet we would have taken legal action, if we did. Which, of course, brings up the importance of our party in Utah politics. The Democrats are afraid of their own shadows, and dare not say anything that might offend anybody. So, as an alternative the "dominant party", they are not worth much. And their numbers in the legislature are dwindling. Why not stake out a different vision, and take a chance that many Utahns really are disaffected with the right wing kooks like Senator Buttars who dominate our political structure.They won't; and we will, so join us as we grow and as we become the real alternative.

There was sad news this week that a 13 year old Utah girl who had "run away" with an older man (more than once) was killed in a shootout between her friend and the police. What makes me sadder is that nobody is putting up much of a fuss as to why the police opened fire when there was a 13 year old girl who was likely to be hit. People desperately want to be able to depend on their police for protection; and they don't ask enough questions when others are injured or even killed by the police. No, I don't know for sure who killed her; and I don't know all the circumstances. But it does not seem to me that enough questions are being asked about this tragedy. The whole idea of chasing after that guy was to "protect" the girl; and she was NOT protected. No what? Will we look and see what went wrong, so it will not happen again? Too many people injured or killed by police with too little responsibility taken.

The legislature will be in session until March 10, and I shudder to think of the damage they can do in that time. I was just reading a bill tonight that gives the police more power to arrest on misdemeanors without a warrant. The police do not need more power to arrest; and I can think of no reason to give it to them. There will be efforts to make life miserable for immigrants and their children; and who knows what other mischief they will engage in. Stay tuned, and join me in the fight to preserve and expand our freedom. The fallacy that some would have us believe is that it is always the Federal government that takes our freedoms; and that the State is here to protect us from them. Hence, the Governor's statement in his "State of the State" speech that we "are a State and not a colony". Those who see our state government as a bulwark against tyranny from Washington are not paying a lot of attention.

New Year, same old . . .

2011-01-25T13:07:00.000-08:00

January 25, 2011

Woke up this morning thinking that I was long past due to make an addition to my blog. What really got me started, however, was a note from a friend about the Utah bloghive:

From the website of Utah Law Enforcement Legislative Committee:

Gateway to local party, pundit and politician blogs: Utah Bloghive Here you will find access to a potpourri of blogs, including Green Jello, Simple Utah Mormon Politics, Andy McCullough (the guy with an office in the attic of Dr. John's lingerie and toy shop), LIberal Utah, Utah Hornet's Nest, Saintless and Big Rock Candy Mountain. There are over 100 blogs devoted to Utah Politics and most are linked here.

Don't know whether to be flattered by the attention, or pissed off at the apparent slur to my character. Yes, my office, which is upstairs from a lingerie store -- but is really quite spacious and nice, has long gotten chuckles. This is perhaps a little more than a chuckle. Oh well. It is near a TRAX stop, has 24 hour security, and the rent is most reasonable.

Anyway, lots more going on. The Libertarian Party maintained ballot access by 60 votes. So, we will be accepting your $2 contributions through your Utah Income Tax returns. Look for the box in the upper right corner, and put the letter "L" there to help the party grow. If you want to be involved, see our website to pay your dues and come out to our events.

Many liberty lovers think that the new Republican majority in Congress is an improvement. While they may cut spending in some areas, they will increase it for "security" (to spy on us and tell us how to live). This is not an improvement. So, we are still working to get out an alternative message of both fiscal conservatism and social acceptance and freedom. We already have several people planning to run for office in Utah in 2012. Last year we provided the only alternative to Republicans for several big races. Join us as we grow. I may well find it irresistible to run again for Attorney General, and many are urging me to do so. Stay in touch and find out more.

I intend to continue posting this blog, and commenting on Utah and national politics and issues of freedom. And, if I irritate "law enforcement" enough to make them notice me and make sly comments about my character, I will consider that a mark of success. Let's get together and rock the boat a bit. It will be fun.

The big day is here

2010-10-31T20:20:00.000-07:00

October 31, 2010

No, I'm not speaking of Halloween. Because of campaigning, did not have a chance to party this year. I am running for Utah Governor to put forth new ideas on freedom, to give voters a real alternative from the two "major party" candidates, and to keep my party growing. If any of those things are of interest to you, help me by voting for me, and tell a friend. The polls show an easy victory for Herbert; but there is no doubt that many people are not satisfied with those who choices. Some wish that Corroon had campaigned differently and had put up a stronger fight. But he didn't, and he will not win. (Sorry, Missy). If you really would like to see a more free society, vote for me and help us to build a real alternative party. Voting Democratic for Governor will not help anyone (though some of their other candidates may well win and make some changes). Our party is running candidates for Davis County and Utah County Attorneys. There are no Democrats in these races; and these Republicans are used to running unopposed. We give you a real choice. Our candidates can be expected to prosecute hard those who commit violent crimes. But they will be less inclined to prosecute "victimless" crimes. We are not the morality police. The expense of trying to be that is something the taxpayers cannot afford; and it is time that somebody said so out loud.

I have said several times recently that Libertarians are the Tea Party without the intolerance. Well, the New York Times this week quotes a tea party leader in Indiana as saying that those who claim that there is global warming are stating "a flat-out lie." As evidence of that, he relies on Rush Limbaugh and the Bible. "I read my Bible. He made the earth for ust to utilize". (NY Times, 10/20/10; "Climate Change Doubt is Tea Party Article of Faith") Some Libertarians also doubt the claims of global warming,and we are likely to disagree with Democrats on what to do about it. I would hope that we do not resort to arguments such as this to support our position. Being a Libertarian does not conflict with common sense; and what we are saying adds substantially to the debate.

There has been an almost total news blackout on Libertarian campaigns this year (though I would like to publicly thank the St. George Spectrum, Salt Lake Weekly and Q Salt Lake publications; KVNU, KRCL and KTKK radio; and Ethan Millard on KSL radio Nightside Project for letting me get in an occasional word. Join us in protesting our media treatment by the simple act of voting Libertarian. If we grow enough, they will have to talk to us. And that starts on Tuesday.

All Libertarians in the Salt Lake area are invited to our election night party at Brewvies on the corner of 300 West and 700 South, starting at 7 PM. Vote first; and bring your laptops if you want to watch the returns with us.

Vote Libertarian for real freedom; and tell a friend. The revolution is now; and you have nothing to lose but your chains.

A real alternative

2010-10-24T20:03:00.001-07:00

October 24, 2010

I have been working hard over the least several weeks trying to get my name out to those who have yet to hear of me. The people who I talk to are receptive, at least partially, because both of the "major party" candidates have high "negatives". People would like there to be another alternative, and there is. Yay. If you are interested enough to be reading this before the election, help me get my name out to others. Pass this on to a friend, post something on your Facebook page, just bring it up in conversation. I still have some yard signs that need to be put out as well. Help me beat the "news blackout" on my candidacy.

We Libertarians want government to be smaller, less expensive, and more respectful of individual rights and freedoms. And we are not afraid to say things that the
major party" candidates would never dare say. I say "end the war on marijuana users." While that may seem pretty far out in Utah, it is likely that this will be passed by the voters of California next week. It IS coming, and we might as well jump on the bandwagon while we can. Real equality for gays and lesbians is also coming, no matter how hard "they" try and stop it. So, why are "major party" candidates so afraid? Nobody wants to be out in front, and make people angry. Well, that is what "third parties" are for. It is our job to say things that need to be said, and to help the changes come.

If you are not fully satisfied with either of the two "major party" candidates, why not join us in our efforts to bring change. And, frankly even if you would be happy with Peter Corroon as Governor, you must know by now that he will not win. So a vote for him really is "wasted", while vote for me is a vote to change the debate, to accelerate change, and to send a message to the "major parties" to stop dragging their feet.

Polls all over the country show deep disappointment that the Obama administration did not make the kinds of changes that people expected. And there is no doubt that the government is spending money "like a drunken sailor" (although a drunken sailor spends his own money, not that of others). Think the only alternative is to go back to the Republicans you helped vote out of power only two years ago? Ridiculous! Try something new. Vote Libertarian.

Libertarians started the "tea party movement", as a tax protest. Right wing religious Republicans took it over and used it to bash gays, immigrants, those who do not espouse their religious beliefs, and anyone "different" from them. If you don't like taxes, I am your candidate. If you don't like gays, immigrants, and those who do not agree with your religious beliefs, well, vote Republican.

Thoughts on Freedom

2010-10-13T21:19:00.000-07:00

October 13, 2010

Well, I am still bitterly disappointed over the refusals of the U.S. Supreme Court to consider my appeal from the decision of the Utah Supreme Court that the State may tax nude dancing and give use proceeds to help with therapy for sex offenders. That, of course, implies that there is some link between nude dancing and sex offenses, which is pure balderdash. The tax will never bring in enough money to justify collecting it. It is just another way that the sanctimonious "family values" crowd gets to go on the record in support of their morality -- those who have not resigned from the legislature for DUI or child molesting incidents. Perhaps they have snuck off to the strip clubs once too often? Well, that fight goes on, with other cases pending in Texas and Nevada; and one day they will be overturned. I just so wanted to be the guy who did it. The fight for freedom, however goes on. I have several other cases pending in which the limits of the State's power to enforce "majoritarian moral values" is at issue. We will get them next time.

I rarely get to just sit down and watch a movie. Too many other things to do. Last night, however, I managed to do that, and it was thought-provoking. The movie was "Pirate Radio", about the pirate stations that popped up on ships off the British coast in the 60's when the only radio available was BBC. BBC played very little of the new British rock music, so people found ways to play it elsewhere. The government responded with force to eliminate the "filth"; and eventually closed them down. They won the battle and lost the war, as now there are plenty of alternative stations in Britain. And Paul McCartney, Mick Jagger and Elton John have been awarded knighthoods. We too will prevail in the long run against people like Mike Lee and others, who would turn the clock back to the 1700's.

Join the fight now. Only three weeks until the election. I am running a very successful Facebook ad campaign; but I need a few more $10 and $20 contributions to run it through election day. See my website at www.andy4gov.org and look for the contributions button. We also need people to hang door hangers, put out signs, and to just tell their friends (personally and through FB and MySpace). Join my FB group, Andy for Utah Governor. And let's stick it to the Man!

The Upcoming Election

2010-10-07T04:50:00.001-07:00

October 7, 2010

The Utah Governor's campaign has turned out to be more interesting than anticipated, though a new poll by Utah Policy today tells us that governor Herbert will coast to the usual easy win. Governor Herbert has seemingly done what he can to inject some drama into the race with the continued stream of revelations about his large contributions from those who have met personally with him and bid on State contracts. He does not seem to even understand why some people think all this looks, and even smells bad. In fact, he is quite angry about those who would question his integrity. I really don't, as I have no reason to think he is not an honest man. But I do question his judgment, and his incredulity at the fuss that is being made.

I am told that the several recent debates between him and his Democratic challenger, Salt Lake Mayor Peter Corroon, have been testy, over this and other subjects. When I say "I am told", I must get this from the newspapers, as I have not been invited to any of these debates. Apparently there has been no poll which gives me a respectable enough portion of the vote to warrant my inclusion. Of course, if the debates are supposed to be between only those who have a chance to win, one wonders why Mayor Corroon is invited either. The concept, it seems to me, of a "debate", is that different and contrasting ideas are put before the voters, so that they can decide which to support. With the debates being carefully restricted, the people do not have access to the alternatives; and they must vote without being fully informed. and that is a real shame.

Obviously, I as a Libertarian, have a different viewpoint on some important issues. I think state spending should be curtailed, and taxes reined in, when people are suffering from hard economic times. I think the State is spending taxpayer money on the losing "war on drugs" that could go to something useful. I think that turning a whole generation of young people into criminals for "smoking pot" is a terrible policy blunder. And I think that paranoia over "illegal immigrants" and "the gay agenda" are misplaced and counterproductive.

I have some Facebook friends in particular who argue that elections are not worth the bother of participating. It is the same old rich folks who will rule no matter what we do. and that attitude, of course, assures us that this will be true. As I have said before, the reason that smaller parties contest elections is to get new ideas into the debate and to change attitudes. There is no doubt that attitudes over marijuana, gay marriage, and other social issues, are changing. And those who stand in the way of change will be run over by it. Pleas, if you are one who has felt that your opinion does not count, reconsider right now. Voter registration remains open until October 18, though you must now do it in person at the County Clerk's office. Then you can help those of us who are working to change the world, and to make it more free, to get our message out. You can be part of something, instead of watching from the sidelines and wondering what is going on.

Just a word in closing about the "tea party phenomenon. This movement was started by Libertarians who wanted to protest over high taxes. It has been taken over by the religious right who have turned it into a movement of intolerance and a desire for theocracy. Sharron Angle in Nevada and Mrs. O'Donnell in Delaware are so extreme in their religious-based views that they are likely to lose races that should have been theirs. Watching Mrs. O'Donnell's newest campaign ad where she earnestly claims that she is "not a witch" and then claims that "I am you" is too ludicrous to take seriously. The future is with tolerance and diversity, not a return to the time when Christian purity was a test for office. (And the stream of "family values" campaigners who have been involved in drug, sex and alcohol scandals can be left for another day).

If you are a bit disgusted with what you see from the "major parties", register that disgust at the polls on November 2. vote for real freedom. vote Libertarian. and, in the meantime, if you could spare a small contribution, please see my website at www.andy4gov.org to make that contribution by paypal or mail. I do need additional funds to continue my advert sing. And think of the fun we can have in making some waves here in stodgy Utah.

Recent News

2010-09-11T20:11:00.000-07:00

September 11, 2010

First of all, nothing written on this particular day would be complete without mention of that tragic day 9 years ago, which I remember so clearly. I cried for days, perhaps partly because I know the area well, and have friends who live very close to the scene. I applaud the nation's "coming together" as a result of that day. But there has been so much anger and fear. The so-called "Patriot Act" quickly passed in reaction, is a terrible piece of legislation which has made me fear my government more than the "enemy". I hope we will eventually realize that constant paranoia is not the answer to this outrage.

I am going to keep this rather short, as I will include links that I hope you will read, if you have not. The first is an article from Friday's Deseret News about the large political contributions coming into the Governor from those who have State contracts. While I have no reason to doubt the Governor's honesty, I am a little perplexed that he seems not to understand why people would even question these transactions. One of the perks of the office, I guess. Ihave no contracts to hand out, and so my campaign treasury is very small. Read it and come to your own conclusions. http://www.deseretnews.com/article/700064314/Perks-for-campaign-donors.html

The second link I want to insert here is to an article in this week's Salt Lake City Weekly about "Super Trooper" Lisa Steed. The article opens with her using her stun gun on a surprised and frightened motorist almost at the beginning of a stop for a suspected drunk driving incident. The motorist's blood alcohol level turns out to be well within the legal limit. http://www.cityweekly.net/utah/article-12119-utah-highway-patrols-dui-super-trooper-lisa-steed.html The thing that bothers me is that the Highway Patrol has not expressed its displeasure with her tactics, which I think are brutish and irresponsible. If I were elected Governor, requiring law enforcement to be more responsive to the public would be high on my agenda. And an incident like this would result in discipline. If you agree, vote Libertarian.

"Third Party" politics

2010-09-05T17:35:00.000-07:00

September 5, 2010

In response to my last blog, of September 2, I received the following comment. Rather than just publish it as a comment, I decided to make it the subject of a new blog:

"You must have two parties before you can have three. Sure wish you would work with Utah Democrats who have the best ideas and stop wasting time and money on a less than 2 percent party."

There is so much to say in response, I almost don't know where to start. Let me start by saying that 2% is the threshold to become a political party in Utah. If my party was a "less than 2 percent party", we would not be on the ballot, and there would be nothing to discuss. I received 4% of the vote for Attorney General in 2008; and our candidate for State Auditor received 6%. We are growing and getting stronger, as shown by a steady stream of people wanting more information on the party, and a doubling of the number of dues paying members. We think we have a message, and we will continue to try and get it out to the best of our ability.

Libertarians come in all stripes. Personally I would likely vote Democratic in many races if there were only the two "major party" candidates running. A majority of Libertarians would vote Republican, so nothing would be gained by the Democrats by our demise. Libertarians do not like government interference in their lives. Many of us are particularly upset about the "tax and spend" policies of the "major" parties. Since neither will stop their pandering to special interests, we prefer not to endorse either. While Democrats tend to support more personal freedom, they are big tax and spend advocates. Republicans might be more fiscally conservative, but they play to the politics of fear and oppression. We are not interested in either alternative. We prefer the third, and most logical, alternative: Leave us alone all the time, even if we do things you don't approve of.

As Eugene Debs, the longtime head of the U.S. Socialist Party, said: third parties are not there to win elections. We are there to change the nature of the debate and to pull the others kicking and screaming, into new ideas. That is why we are here; and it is important that we are. Very few "major party" politicians would DARE endorse gay marriage in Utah, but why not? Does equal treatment for those who are different than you really harm you? What about the "war on drugs", which is really a war on young people who don't follow the rules that their elders have decreed for personal behavior? Would any Democrat who wants to get elected say that we are losing this war, that it is costing too much, and that it is turning a whole generation of young people into criminals? No, but it needs to be said, so we say it. And history is on our side. Gay marriage and legalization of marijuana is coming, and nobody is going to stop it. What about censorship? Even our Utah Attorney General refuses to get into the battle that California has started, over "violent video games". Another loser for those who want to control what others see and do. But even a "liberal" state like California cannot resist the temptation to try. And, lest we think out AG is enlightened, he went to the legislature this year to get new power to issue subpoenas for cell phone and e-mail records, without a warrant. Big brother is truly watching; and we are the ones sounding the alarm.

In Utah this year, we have candidates in Utah, Davis, Uintah and Iron counties for offices which the Democrats are not contesting. As a Utah County resident, I often find the ballot listing only Republican candidates for office. We are giving many people who would not otherwise have one an actual choice at the ballot box. What a breath of fresh air.

Should we shut down and let the weak Democratic Party battle the one party system on its own? Absolutely not. And who is to say that we won't eventually become Utah's second party? Why not "think outside of the box" and help us continue to grow?

Governor's race

2010-09-03T19:05:00.000-07:00

September 2, 2010

Traditionally, the Labor day weekend is the official start of the real election campaign in this country. As a candidate for Governor this year, I am ramping up my little campaign. Yard signs and bumper stickers are now available at my campaign office in Midvale. they will shortly be available around the state. Fliers are also in production, and advertising will start soon as well. If you would like to see some real change in Utah, please consider a contribution or other help.

Many people think that voting for a "third party" candidate is a wasted vote. In Utah, unfortunately there is really only one party. A recent Rasmussen poll had Governor Herbert at 60%, Mayor Corroon at 29%, and "some other candidate" at 2%. If you vote Democratic in this race, your vote is wasted. If you vote to help build the Libertarian Party into a real force in Utah politics, you will be accomplishing something.

Back in May, I wrote a blog here about immigration and the move among Republicans to repeal the part of the 14th Amendment that makes all persons born in the United States citizens. As my old friend Enid Greene pointed out the other day on the Doug Wright show, there is not going to be a repeal. So, deal with it. Governor Herbert has recently joined the "repeal" crowd; and it will do neither him nor them any good. Please go back and read that blog, and pass it on to a friend.

Governor Herbert also recently took Mayor Corroon to task for his statement that Utah schools need more math and science classes. All the experts agree on that; but Governor Herbert says that might hurt LDS Seminary (not that he wants to "play the religion card"). Shame on him. As a Libertarian, I suggest that those who think there is not enough religion in schools consider private schools or home schooling. But it is not the state's job to protect LDS religious education in this State (and I am a BYU grad).

When a previous candidate for State Senate was disqualified recently, the Republicans turned to the State Log Cabin Club president to fill in. For those unfamiliar, this is the organization for "gay Republicans". This seat is one of the few safe Democratic seats in the senate; and this person is a sacrificial lamb -- apparently in an attempt to show people that the GOP is not as narrow minded as everyone knows they are. I'm sorry guys, but there is no room in that party for gays. Those who support conservative fiscal policies and who are gay need to learn that and join our party. We really do not care who you have sex with (so long as it is between consenting adults). In the meantime "Equality Utah", the gay political action committee, supports only Democrats. We are the only party dedicated to real freedom; and it is time for those who are disenfranchised by the "major parties" to join with us. We are growing rapidly; and we will be heard from. Help us rise up against the "one-party system" and bring real change to Utah.

"Mainstream Media"

2010-08-20T14:39:00.000-07:00

August 20, 2010

This morning I read the column in the Salt Lake Tribune written by Paul Rolly, in which he chided KTKK radio for being "right wing" and not willing to admit it. Here is a link to his comments: http://www.sltrib.com/sltrib/home/50139481-76/bill-dickie-rolly-station.html.csp

I sent him an e-mail reply, to which I have as yet received no response. If I do, I will post it here as well. Here is my e-mail to Paul:

"Paul -- I am Libertarian Party Chair in Utah, and candidate for Governor (not a widely known fact). While many Libertarians can be classified as "right wing", I am clearly on the party's left wing (pro gay marriage, open borders; anti drug war and censorship). I previously ran for Attorney General as well. This station has invited me in a number of times to talk about my views, as recently as a few weeks ago. They are the one media outlet we Libertarians can count on to notice we are here."

Not fully in the mainstream? The "mainstream press" ignores those who do not march in lockstep; and I am glad there is a media outlet that does not. Did you know I was running? If so, you did not get the information from the Trib.

Thanks to KTKK for making their station available to those not in "the mainstream", whether "right wing" or not. And shame on the "mainstream media" for not venturing outside of their own viewpoints.

An eventful week

2010-08-06T09:56:00.000-07:00

August 6, 2010

I am, this week, on vacation in upstate New York. but I had to comment on some major political and legal events.

The first one was that last week the Utah Supreme Court overturned the conviction of Warren Jeffs of rape as an accomplice. The opinion starts out by saying that the highest State court has a duty to make sure that everyone gets a fair trial, even those who are not popular in the community. I suggest you look back at my earlier blogs in which I commented that, while Warren Jeffs is not a nice person (from our frame of reference), he did not commit the act of rape. The news media seemed stunned that the Court reversed the conviction. I did not think they could do anything else. The trial court instructed the jury that the relationship between Mr. Jeffs and the alleged victim was the important one. The Supreme Court pointed out that it was the relationship between the alleged victim and the person who actually touched her that was most important. The Attorney General seems not to know how to proceed from here, except to hope that the State of Texas will be more helpful to his cause. I suggest, as I did before, that charges of child abuse, welfare fraud, and possibly a myriad of other things might be brought. But our dislike of this bad person must not convict him of something that is a long stretch from what the law was designed to prohibit. I regularly represent clients who some people in the community dislike because of who they are. The Supreme Court of the U.S. long ago prohibited "status crimes", or crimes designed to punish a person for who or what he is (a "habitual drunk", for instance); and we should be glad that this protection applies to all of us.

Perhaps even a bigger shock to the legal system was delivered this week when a Federal Judge in California invalidated "Proposition 8", the Church-backed effort to defend "traditional marriage" from the inroads of "gay marriage". The court said, after a long trial in which much evidence was presented, that it all boiled down to a decision by the voters that heterosexual couples were superior to homosexual ones. And that, he said, denies both "equal protection of the law" and "due process of law, as prohibited by the 14th Amendment to the U.S. Constitution. I once again repeat what I have said earlier that those who oppose this change are sitting with "their finger in the dyke", hoping that somehow the leak will not get worse. It will indeed get "worse"; and at some point, we will all have to admit that there is no serious reason to prohibit relationships between consenting adults, even if we would not engage in them. This does not implicate Freedom of Religion, as nobody is suggesting that churches which prohibit such marriages will have to recognize them (just as churches do not always recognize baptisms performed elsewhere).

And, speaking of the 14th Amendment, Arizona Senator Russell Pearce said this week that the 14th Amendment provision which grants citizenship to those born in this country "is wrong, it's unconstitutional." when someone pointed out that it IS the Constitution, and therefor CANNOT be unconstitutional, he pronounced that as nothing but "spin". Senator, it is time that you quietly resign and find something else to do that does not cause so much harm. My earlier thoughts about the immigration debate also appear in earlier blog entries.

Please, if you agree with what I say, send this blog to a friend -- especially one who might vote in the race for Utah governor this November. Let's all do what we can to advance the cause of freedom (even when we are on vacation).

Let Freedom Ring in 2010

2010-07-03T17:32:00.001-07:00

July 3, 2010

There is so much interesting news, that it is hard to know where to start. So, I'll start with the news that KSL, the flagship radio station of the Church of Jesus Christ of Latter-day Saints (LDS) will is dropping the Shawn Hannity Show. I listen in the morning to KSL, as Doug Wright is often interesting and thought-provoking. And I have become an increasing fan of the Nightside Project, as Ethan Millard is a breath of fresh air in Utah. But, Hannity is a hater. He not only knows that Republicans are always right and Democrats wrong. He believes that the Democrats are deliberately working to hurt our country. I do not much like Republicans; and I certainly am not a Democrat. But I do not think that they (including Harry Reid, the highest ranking LDS Church member ever in US Government) is deliberately out to destroy what is good in the country. I express my thanks to KSL in the hope of more civil dialogue in the future. Yes, another Salt Lake station (that I do not listen to) will pick up the Hannity broadcast, and most likely improve their ratings. More power to them.

In another pleasant surprise, the Freedom Festival in Provo gave its Freedom award this year to Greg Mortensen, one of my personal heroes. Mr. Mortensen, a former professional mountain climber, and a nurse, has built 131 new schools in Pakistan and Afghanistan, and brought education, especially to girls, who would never have received it otherwise. The Freedom Festival has often been the exclusive neighborhood for right wing Republican politicians, like Shawn Hannity. I congratulate them for their intelligent choice this year. And if you do not know of Mr. Mortensen, pick up his book, "Three Cups of Tea" which is one of the most inspiring books I have read.

This morning the papers reported that a high ranking Davis County police officer was caught in a "sting" or undercover operation in which Layton City police set up in a hotel and invited men to make appointments for anticpated sexual activity. Now, I don't know the details of the operation. I don't know if they advertised outright for sex, or whether they suggested they were escorts. Whatever you may think of that business, escort agencies are perfectly legal; and making an appointmen with one is no crime. But the clear implication of the articles was that the officer was caught trying to pay for sex. Layton City has a history of enticing escorts from Salt Lake City and then arresting them for sex solicitation. I wonder if they feel they have a problem that no other Davis County City has. And I wonder why they feel this is a good use of limited resources. Are they just bored? Why is it their business what two consenting adults do in one of their hotel rooms? The notion that the police have the power to protect public morals is obviously archaic, and is probably without legal standing since the 2003 U.S. Supreme Court decision of Lawrence v. Texas. So, one little part of me says that this police officer got what he probably deserved; and a much bigger part of me says that it is neither my business nor that of the Layton police, and that he should have been left alone, just like everyone else.

In this weekend that we celebrate our freedoms, we must take note that our country has a long way to go to be truly free. People still get arrested for having (or wanting to have)sex, for possessing a small quantity of a "weed" that grows well nearly anywhere, for walking across the border to pick fruit and vegetables for Americans who feel that the work is too demeaning, and many other silly things. The government finds it convenient to instill fear into people, so that they can engage in oppressive surveillance of their citizens. And taxes are simply too high at a time when people have less money.

Sometime this weekend I will sit down and watch one of my favorite movies, 1776, which I watch at this time very year to celebrate Independence Day. And then I will celebrate my birthday on Tuesday. Please consider helping with my celebration of freedom and life. Please consider going to my website at www.andrewmccullough.org/contributions.html and making a small ($10?) donation to my campaign for Governor (don't let it bother you that the site may refer to "Attorney General" -- the account has been transferred). And then tell a friend about my campaign to bring freedom to Utah, even if Utah does not really know what to do with it. Together we can help make Freedom ring!

Our disfunctional State

2010-06-22T20:37:00.000-07:00

June 22, 2010

I realize that I may not be saying anything that is not already widely known, but I have to vent my frustrations anyway. First of all, I do not drink. I have never had even one; and I doubt that I ever will. It does not fit my lifestyle. But, I am well aware that there are others who do. And, since our national experiment in prohibition ended in failure, purchasing and consuming alcholic beverages in legal, even in Utah. (We still think we can engage in marijuana prohibition, which is equally stupid, but that is a subject for another day). In fact, in Utah it is the State that sells the alcohol, thought a network of State liquor stores. Needless to say, we mark up the price a bit more than other places which allow private sales. In other words, this is the one State activity that MAKES A PROFIT! And it is substantial profit, bringing in money for many other State government activities.

And here is the crazy (and I do mean crazy) part. The legislature cut budgets across the board this year, due to decreased tax revenues. And State liquor stores were cut as well. The Salt Lake Tribune reports that, in line with legislative guideleines, the State liquor-control board today voted to close one liquor store, and to cut hours at 16 others, the busiest in the State. In other words, to save money on salaries ond other expenses, they cut their profits by an even greater amount. THE STATE DELIBERATELY CUT ITS PROFITS TO SAVE MONEY!

In any other Staste, the people who thought this up would be immediately fired. In Utah, of course, it isn't really about the money. It is about making sure that nobody thinks we approve of this terrible habit in our midst. And, if State spending must be cut, the liquor stores must be cut, even though we are losing more money than we are saving!

If this isn't enough to make you disgusted with "politics as usual", it sure should be. Citzens of Utah, rise up and throw the rascals out. You have nothing to lose but a bunch of idiots who "lead" us.

Latest news and views

2010-06-18T19:54:00.000-07:00

June 18, 2010

I have been meaning to write something for several days, and have been so busy. I know that everyone has been overdosed on Ronie Gardner's execution; but a few final observations. I spend part of Thursday evening at the State Capitol at a vigil held by death penalty opponents. I don't know that I had a lot of personal sympathy for Mr. Gardner; but I am not comfortabel with the porcess. While there was no doubt that he did the deeds for which he was condemned, ther are so many instances where mistakes have been made. A few years ago, the Fovernor of Illinois commuted death penalites en masse adter being given statistics of how many mistakes are made. I recently represented a man who was put in prison for up to 15 years for an armed robbery he did not commit. Luckily for him, he was released after only four and a half years of being wrongfully imprisoned. Yes, I know that due process is given; but the penalty is so final; and it is so brutal. My father used to say that the death penalty reduced us to the level of the man who committed the awful crime. Perhaps the worst part was the cheering, gloating, jeering and celebrating at this death. Kind of reminds me of the Roman crowds who cheered while watching gladiators fight to the death. I would like to think that we have come a ways in being more civilzed since then. And finally, the "tweet" issued by the Attorney General, evidencing such smugness. Mr. Shurtleff, surely you must have more dignity than that.

In other news, the two Republican candidates for the Senate are beating up on each other, both claiming to be more conservative and more protective of "Utah values" than the other. Maskes me wish we had a Libertarian candidate in the race, though I remind voters that the Democratic and Constitutional parties do have candidates. I hope people will give thes alternatives a good look. The self-righteousness that prevails in the Republican Party leaves much to be desired. I only wish both of these guys could lose.

In Orem, a champion of family vlues who regularly volunteers at the Missionary Training Center has been accused of the rape of a 17 year old girl. What bothers me and others is that she went back to his house a week after the first instance and was assaulted again. So, I would like to withhold any judgment until we know what happened. Something like this can ruin a man's life; and we just don't know whether he did anything wrong yet.

This week the video of Senator Sheldon Killpack being pulled over for a DUI was released, after a long fight over it by the media. Now eveyone has an opinion as to whether he weaved, wobbled or whatever. I kinda wonder why this man should be held up to such a microsope, and to ridicle because he was an elected official at the time. Perhaps we just enjoy cutting the high and mighty down to size. I think it might be better if we just give him the same presumption of innocence that we all demand for ourselves.

Stay tuned for more news and views of Utah; and please consider helping me in my campaign to make Utah a little more open and a little more free.

Our Constitutional Freedoms

2010-05-26T19:35:00.000-07:00

May 26, 2010

With all the fuss about "tea party" candidates, and their alleged dedication to the "original intent" of the Constitution, there is much to say. Here in Utah, many Republicans celebrated loudly over the defeat of the so-called "RINO" Republican Senator, Bob Bennett. One of the issues that was important there is that of "illegal immigrants". That term seems to get people all excited, though I wonder exactly why. A couple of years ago, the Feds made a big noise when they raided a meat packing plant near Logan and seized a number of "illegal immigrants" working there. I cannot easily imagine a less enjoyable job than working in a meat packing plant. The simple fact is that Americans won't work there, so the jobs go to Mexicans, who need the work so badly that they are willing to do it. The same goes for the back-breaking work of picking fruit and vegetables. Americans simply will not do it, so Mexicans come up and do it for us. Does anyone really think we are safer or better off financially when groups of these workers are rounded up and deported?

The bedrock of American Constitutional protection against an overreaching government is found in the text of the Fourteenth Amendment to the United States Constitution. It is what protects us from unreasonable actions of State governments. And here it is, in all its majesty and simplicity:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Prior to its enactment at the end of the Civil War, there was no really American identity. Citizenship was a State issue; and therefore States were at liberty to treat their citizens as they pleased. And members of the LDS Church bore the brunt of that fact when the State of Missouri issued an "extermination order" for Mormons. And all pleas to the Federal government were met with the answer "Your cause is just, but I can do nothing for you."

Now both Republican Senate candidates want to "reinterpret" the Fourteenth Amdmendment to say that not "All persons born . . . in the United States" are citizens, but only the ones LEGALLY born here. WOW! I wonder if they have given much real thought to the constitutional upheaval that this will create. And they want to "reinterpret" the Consitution by act of Congress! Sorry guys, but Congress does not have that power. The plain language of the Constitution says "all persons". Is that hard to understand? Amend it if you must, but do not tell us that the Constitution does not say what it says. I for one do not understand the fear that drives these efforts. Unfortunately, the recent Republican administration in Washington made the politics of fear a cornerstone of its policy. I cannot fully express the sadness that I feel as a result of that policy.

From Tim Bridgewater's website:

"Eliminate the “anchor baby” loophole. In general, it should be harder–not easier–than it is to become a citizen of the United States. Children born to non-citizens should not receive automatic citizenship. There are arguments to be made that changing the current practice will require a constitutional amendment, but I think there is a strong case that it could be done by statute, and I would pursue that avenue vigorously as Senator. If it can’t be done by statute, I would support a constitutional amendment to achieve the goal."

From Mike Lee's website:

"Clarify the original intent of the citizenship clause through legislation specifying that children born to illegal-alien parents in the United States are not entitled to automatic citizenship;"

We ALL agree that a change in immigration law and policy is needed. But please think again before you give into the climate of fear that has brought us SB1070 in Arizona, and promises of more to come. This is not the America we love. Is it?

News and politics

2010-05-19T14:56:00.000-07:00

May 19, 2010

Wow, it has been a while since I blogged here; and I do not have a good excuse. I have, however, been busy. Today I put the finishing touches on a request to the U.S. Supreme Court to review a decision of the Utah Supreme Court on Utah's "sin tax". I recently filed an appeal with the New York Appellate Division over a similar tax issue there. Everybody wants to tax sin; and then the "family values" crowd sneaks around and hopes not to get caught. (Another Republican "family values" champion, Congressman Souder of Indiana, resigned this week after disclosing an affair with a staff member). Always lots to do; and I have got to start putting together a campaign for Governor as well. I have no chance of being bored in the near future.

In perhaps the first real shot of my campaign, I was interviewed recently by the Salt City Weekly newspaper, about politics. What was published today has some inaccuracies (I am still a member of the LDS Church, though not active; I went to BYU as an undergrad, not for law school; I do not own a denim shirt; Candy is not "left over -- she was a gift from Doctor John; and I would NEVER refer to my clients as "strippers", "prostitutes" or "johns" -- they are adult entertainers). But, all in all, it is pretty good at capturing who I am; and it will certainly introduce me as a candidate to many who had no idea I was running. http://www.cityweekly.net/utah/print-article-11244-print.html#

The first poll of the year, a few weeks ago, had my support pegged at 1%; but in that same poll, a full 15% could not identify the current Governor of Utah. So, lots to do; but it is always a lot of fun. Another chance to "stick it to the man". Join me in my efforts.

Andrew for Governor

2010-03-29T19:26:00.000-07:00

March 29, 2010

Well, I have filed my candidacy for Governor of Utah. It is not something I really wanted to do; but there needs to be a choice on the ballot this year, and in the future, and this candidacy gives us that. I have already been interviewed by a reporter for the Spectrum newspaper, who asked me the obvious question: what do I hope to accomplish as a "third party candidate?" I gave him the standard, and important, answer that "minor party" candidates are there to change the nature and tenor of the debate. Democrats are seen, whether justly or not, as the party of "big government", and higher taxes. Republicans, unfortunately, have become associated with the politics of fear. We Libertarians give a real choice. We are perhaps more conservative that Republicans on fiscal issues (we don't like taxes); and we are perhaps more liberal than Democrats on social issues. There are many who feel that they have to go along with things they really don't like in order to get what they do like. Democrats who feel that people should be allowed to live as they please (and even get married to whoever they please) have to live with high taxes and failed attempts to "stimulate" the economy. Republicans who feel that government is too big and too expensive, find that their party has become associated with the Karl Rove mentality -- "they will vote for us if they are scared enough".

Libertarians give the people a real choice. When we say that government is too big, we include opposition to programs designed to make us all march to the beat of the same drummer. We really are the consistent party of smaller government, lower taxes and more freedom.

Quite frankly, my party's survival in Utah depends on one of our candidates getting at least two percent of the statewide vote. That is one of the more important reasons why I am running. I do not expect to get elected; but I do expect to change the debate. And I intend to build on the steady growth experienced by our party during the two years I have been Chair. There is a reason we get new supporters every day -- we have a platform that many people find meets their needs. If you agree, join us in fighting for freedom.

For more information on the Libertarian Party in Utah, see our website at www.lputah.org and my campaign website (still being built) is at www.andrewmccullough.org

More family values news from the legislature

2010-03-13T15:20:00.000-08:00

March 13, 2010

I spent a couple of hours at the Utah Legislature on its last day, Thursday. I was attempting to convince them not to pass a new law aimed at making it nearly impossible to continue operating escort services in this State. These businesses, whatever you may think of them, are legal, licensed and closely regulated. In Salt Lake City, for instance, and agency must pay a license fee of $1000; and each escort must pay $750 per year. This fee includes a background check to make sure that people in the business do not have serious criminal records. As of today, an escort licensed in Salt Lake City may go to an appointment in Murray without obtaining a similar license, and another background check. Starting in May, the 16 entities in the Salt Lake Valley who require such licenses will be able to demand fees from everyone who does any business in their city. Obviously, this is done "for purposes of harassment", and will be nearly impossible to comply with. This bill was introduced by a Democrat, and passed with unanimous support of his party as well as most Republicans. Another example of protecting "family values" in our "pretty, great state". Needless to say, the big winner is likely to be me, who will have to fight this new law in court for the next couple of years, as I have been doing with the "sin tax" passed to harass my clients back in 2004. Oh well, another year in Utah.

And then, only a few hours later, came the bombshell. Yet another high ranking "family values" legislator, is in trouble for his private conduct. This time, Representative Garn, the House Majority leader, paid out $150,000 to a young girl with whom he had gone nude hot-tubbing, when he was at least 28 and she was only 15. No sex, but highly inappropriate. And now, a couple of days later he, following the lead of Senator Killpack (see my last blog entry in January), has resigned. And as with Senator Killpack, I view it with some mixed feelings. On the one hand, it is yet another example of Utah legislators telling us how to lead our lives, when they cannot manage their own. On the other hand, it was a long time ago, and he made reparations. Once again, I cannot help but wonder whether, now that his secret is known, he might have been counted on to be more compassionate to others who do not "march to the beat of the same drummer". We will never know, because now he is gone. No, I do not approve of what he did. The law presumes that a young person cannot reasonably make such decisions; and it is up to the more mature person to stop things before they get out of hand. Shame on him. But, hasn't he paid enough for something that happened so long ago?

Anyhow, this next week is the time for those who would like to run for public office this year to file with the County Clerk or the State Elections Office. We need more people to file for office as Libertarians, and to publicly announce that they will support more freedom for everyone. See our website at www.lputah.org if you would like to help. Obviously, there is much to do.

Another "Family Values" debacle

2010-01-17T21:19:00.000-08:00

January 17, 2010

I have not blogged in this new year and decade. Thanks to those who follow me when I do so. Today I am in Omaha, Nebraska on business, and I will not write at great length. The big political story to come out of Utah this weekend, however, deserves some comment. Another champion of family values, Senator Sheldon Killpack, has found himself enmeshed in scandal. Over the weekend, Senator Killpack, who has been particularly in the forefront of efforts to punish drunk drivers, was arrested on suspicion of a DUI. Since he would not take the intoxilizer test voluntarily, the officer obtained a warrant for a blood draw. Rather than wait for the results, Senator Killpack resigned his seat this morning, as he felt he would be a distraction in the Senate.

No, I am not writing this to crow over the demise of a political foe. I feel a sadness over this situation, perhaps in a way different than most. Several years ago an old friend of mine who had become a district court judge, was forced to resign when he entered a guilty plea to a drug offense. At the time, I thought the real tragedy was that he would no longer be on the bench, after he had likely developed a real compassion for those who were in a similar situation. Imagine a district court judge who really understood that the "war on drugs" is a mistake. What wonderful rulings we might expect to get from him.

As for Senator Killpack, imagine what kind of a leader he might have been in the legislature, after showing his own weakness. Perhaps his war on drunk drivers, resulting in increasingly harsh penalties, would be replaced by a compassion for those who have problems and can be helped, rather than punished. Wow! Another big chance missed. But just maybe, one of these days, someone in the halls of power will realize that all the punishment IS a mistake, and that there are other roads to explore. Until then, we can only hope.

Another legal victory?

2009-11-20T20:34:00.000-08:00

November 20, 2009

In all my years of practicing law, I have never had two days like the last two. For yesterday's news, see my previous blog posting. Today, the Utah Supreme Court, by a vote of 4 to 1, basically upheld a 10% "gross receipts tax" on adult businesses featuring nudity. But, after doing so, it invalidated the tax as it applies to escort agencies, as the terms of defining such agencies were too vague. Thus the law put many "legitimate" businesses in jeopardy. In this case, I represented five escort agencies and two dance establishments, so most of my clients "won", in that they do not now have to pay the tax. The other two lost, as they may have to pay the tax, depending on the degree of nudity of their dancers. It seems, however, that the legislature can put the tax on escort agencies back in effect by simply reworking their definitions, to make it more clear who they are after. So, the victory is not complete, even though it feels pretty good for some of my clients right now. Some of them are in line for big refund checks.

The court said that the tax was not aimed at dancing as entertainment, but was aimed at nudity, whether it was entertainment or not. Frankly the ruling conflicts with many rulings of other courts, including the U.S. Supreme Court. Other states are considering similar taxes, and this ruling could be very bad in the long run for all of my clients and for many others around the country.

Thank you Madam Chief Justice, for your principled defense of the First Amendment, even when you are the "lone voice crying in the wilderness". Your opinion will yet be vindicated.

So, watch this space for news of what I hope will be a Petition for review to the U.S. Supreme Court. And, Mr. Attorney General, the last two days are an indication that we will see lots of each other in court over the next several months. May the best cause win. And freedom is always the best cause.

A Victory for Justice

2009-11-19T11:39:00.000-08:00

November 19, 2009

On my birthday, in July, rwo years ago, a man walked into my office to tell me a story which put me in tears. He had just been released from prison, after four and a half years, for a crime he did not commit. The Attorney General had first agreed to a new trial, to avoid an appeal, and then the District Attorney dropped the charge. But not until after he had spent a lot of time in jail and prison. He had been convicted of an armed robbery in Salt Lake City at a time when he almost certainly was in Louisiana recovering from a stroke. He had been the unfortunate victim of the "all blacks look alike" syndrome that still exists in lily white Utah, and had been identified three years after the crime, when he walked into a restaurant.

Under a new Utah law, my client, Harry MIller, is entitled to compensation for the time he was incarcerated. But the Attorney General reads that law in a very restrictive manner, and has fought the compensation hard. Today, the Utah Court of Appeals agreed with me that the law is to be read in a less restrictive manner. We will at least have our day in court, and we will have our chance to prove that my client is entitled to compensation. It is the first of many steps, but it is a giant one, and cause for clebration.

I fully expect the Attorney General to ask the Utah Surpeme Court to hear a further appeal, and to delay justice for another year or so. Please, Mr. Attorney General, consider what you are doing, and let this matter go forward. This is not about being right, and looking tough. It is about doing justice to a man who has suffered through miscarriages of justice for years. Harry Miller deserves what he is seeking; and he deserves the right to go forward and prove his case as quickly as reasonably can be done.

The "tea party" crowd

2009-11-08T21:37:00.000-08:00

November 8, 2009

This morning's Salt Lake Tribune featured, on its front page, one of several articles I have seen over the last several days on the "far right" of the Republican Party, and their efforts to challenge the "moderate wing" of their party. Of particular interest in this regard is the Conservative Party candidate for Congress in New York last week who forced the official Republican candidate, a relative liberal, out of the race, and ended up throwing it to the Democrat. The other main story in that regard is the conservative who is campaigning for Senate against the Governor of Florida. And here in Utah, of course, there are three more conservative canidates who are trying to oust Senator Bennett, even after our conservative Attorney General withdrew from the race last week.

Those who are on the right of the party are designated as the "tea party" group or crowd, and feature some who have been active in rallies and demonstrations protesting Federal taxes. They have been heard to boo both Senators Hatch and Bennett for not being conservative enough.

First, let me set the record straight. The "tea party" movement was started by members of the Libertarian Party, and has only recently been co-opted by conservative Republicans. Libertarians do not like taxes, not even slightly, and we have been having small protests on April 15 for many years. Now that the Republicans have been ousted from power, and only because of that fact, conservative Republicans have started making noise and have pretty much taken over. Well, those who fight against taxes are welcome, but this is not a "conservative" movement, at least from the beginning. We Libertarians were not very pleased with the recent Republican administration either. The Bush administration needed lots of tax money to wage wars and to spy on our own people. Frankly, having Republicans join, and take over, the tea parties makes me very uncomfortable. I have been fighting Republicans for years, because they have been preying on fear to create a survelliance state, which is decidedly less free than I want it to be.

I attended a "tea party" event this summer in Salt Lake. I had been promised, as Libertarian Party Chair, that I would get to speak. Then they changed their minds; but it was not the simple anti-tax rally that I had hoped it would be. It was filled with the kind of narrow minded propaganda which we hear every day from Shawn Hannity, Rush Limbaugh and Senator Chris Buttars. These are not my people, and I was not comfortable there. One speaker actually quoted the 14th Amendment to the Constitution which makes all people born in this country natural citizens. The comment brought loud boos from the anti-immigrant crowd, who accused the speaker of being stupid or crazy. Well, guys, that is what the Constitution says -- read it for yourself. No amount of yelling can change that.

Some see the Libertarian Party as the far right. While we do support anti-tax protests, we hopefully have little in common with people like Chris Buttars, and other members of the "far right". It is important for us to exist, as we have a genuinely different view. While many Libertarians supported Ron Paul last year, he ended up endorsing the far right Constitution Party's candidate for President. Personally, I disagree with as many of his positions as I agree with. If you are looking for an alternative, but are not in the market for the religious right which is seeking full control over the Republican Party, you might consider us.

Where do I differ with conservatives? Here are some examples: Get out of Iraq. End the war on drugs. Repeal the Patriot Act, and stop spying on our citizens. Get out of people's private lives -- if gays want to marry and can find a church who will perform the service, it is none of the government's business. Traditionally, marriage is a religious rite. the government should not be involved. Want to learn more? www.lputah.org Join the party which truly fights for freedom, for everyone.

Elections and politics

2009-11-04T17:09:00.000-08:00

November 4, 2009

It has been too long since I blogged. Will try and make up for it here just a little.

Last night, Republicans won the Governor's races in both Virginia and New Jersey. Republicans are crowing that this is a referendum on the Obama administration.
Well, everyone is concerned about the economy and the deficit. Hopefully, this will remind the President that we cannot spend our way back to prosperity on borrowed money. But, the Republican Party in my native State of New York continued its march to oblivion, losing one of the three congressional seats (out of 29) it has held there. National Republican leaders, including Sarah Palin and Rush Limbaugh had endorsed the New York Conservative nominee against the Republican, and the result was a Democrat victory. Is the country on a move back to conservatism? I certainly hope not, and the results from yesterday do not show this. The sometime Republican Mayor of New York was barely re-elected, though he outspent his opponent well over 10 to 1. Most other races in the City went to Democrats.

Perhaps the most interesting election was in Maine, where the voters refused to approve of the new law passed by the legislature which legalized gay marriage. At the same time, they approved of a more liberal medical marijuana law. Mixed results for those of us who think neither item is any of the government's business. We still have so far to go to our goal of getting the government out of our personal lives. Now is not the time to quit. We need to keep working at it, confident that we will win in the long run.

Here in Utah, Attorney General Mark Shurtleff withdrew from the U.S. Senate race today for family reasons. I actually like Mark (but not his politics) and wish him and his family well. It is now one year from the election for Utah's Governor, the Senate, and a host of other races. Our little Libertarian Party receives inquiries every day, and I joke that we will soon be bigger in Utah than the Democrats. There are many people who do not like the choice between the two "major parties". The Democrats are way too free with our money. The Republicans, while claiming they are for smaller government, constantly interfere with our personal lives, pushing their personal ideas of morality on us with the force of the State. We need to build a real third alternative, and today would be a good day for you to get involved in it. Join us in the fight for real freedom. www.lputah.org

This and that

2009-09-24T20:25:00.000-07:00

September 24, 2009

It has been a month since I blogged, and there is so much going on. But there is no way I can comment on all the stuff that needs commenting, so I will just hit a few high notes.

First, a relatively non-political note that an old "friend" passed away last week, Mary Travers, of Peter, Paul and Mary. The very first concert I attended as a 14 year old was one of theirs, in the Washington Avenue Armory in Albany, NY. It was a wonderful experience, and was followed by at least 7 more of their concerts over a span of many years. Not really totally divorced from politics, as PP & M tirelessly campaigned for social justice in the world. She will be missed by those of us who grew up enthralled by the 60's folk music scene.

Yesterday, I argued the first appellate case in Utah over the application of a recent law providing for the compensation of a person who has been incarcerated for a crime of which he is later found to be innocent. The attorney general is quite determined to avoid compensation without total and absolute proof of innocence. In the meantime, a man who spent over four years in prison for a crime he almost certainly did not commit, continues to suffer from the disruption of his life. For more information, see my website at www.andrewmccullough.org, and read my brief to the Utah Court of Appeals. A decision on whether he even gets a hearing where he can attempt to prove his innocence will be rendered in a few months.

Today, Congressman Jason Chaffetz of Utah's Third District was interviewed on KSL radio over an incident at the airport where he was directed to the extra scrutiny line, and had to choose between being man-handled by TSA personnel or screened by the new machine which creates a virtual image of the person nude. He protested and was given a very hard time. All appearances are that he was picked out for special treatment because of his efforts to outlaw the virtual nudity machine. Some onlookers say he was obnoxious. I rather doubt he was as obnoxious as I would have been in the situation. Thanks, Congressman, for standing up for freedom. And I must ask the question: Are we any safer because airport personnel can pull a congressman out of line and subject him to humiliating searches? Having been subjected to the enhanced security treatment a few times myself, I am convinced the answer is "no".

A couple of weeks ago, the President spoke via satellite to school children to encourage them to stay in school and take their education seriously. Now, I don't like everything he is doing. As a Ford stockholder, I do not like the fact that GM is now government owned and appears to have a better deal with the UAW than does my company. I do not approve of his handling of the economy, but I do think he has tried to make the best of a bad situation. I am NOT a Democrat, as I agree with Republicans that the President's party does not know the value of taxpayers' money. But, before the speech, I listened to a sobbing, hysterical mother on the radio who said she was trying to avoid her daughter listening to the talk, as she would be "indoctrinated in socialism". My reaction was that this woman probably should not be allowed to have children, as she is likely to indoctrinate them in lunacy. As Utah Chair of the Libertarian Party, I sometimes have to wish a plague on both "major parties". But the hysteria and the hate need to be diminished. Listening to the right wing radio and other media, one would think we have been invaded by the worst sort of totalitarian despots. I really do hope that hate will lose out. And it is so unfortunate to see the Republican Party so dominated by it. Maybe one of these days, people will give us Libertarians a chance to help govern; and I hope we will prove wiser than those who have gone before us.

If you too have had enough, check out www.lputah.org and join the fight to bring sanity back to government. Do something to help, and try not to make things worse. And, by the way, while the Party has not formally endorsed the effort to bring Utah a redistricting commission dedicated to taking partisan politics our of the redistricting process, I support the effort. Contact me to sign the Petition to put this on the ballot. Hopefully that is a small first step to bringing better government.

Equality in Utah

2009-08-24T00:51:00.000-07:00

August 24, 2009

This past week, Equality Utah, the GLBT Political Action Committee in Utah, held its annual "Allies dinner". The main speaker was Bishop Gene Robinson, the only openly gay Episcopal bishop in the United States, and the cause of much controversy. I actually would have liked to hear him speak; but this year I did not receive an invitation to the dinner, and was unaware of the date and content until after it happened.

The reason that I did not know about the dinner was that I was taken off the mailing list after I protested that Equality Utah has become an arm of the Utah Democratic Party. Last year it supported and endorsed only candidates of the Democratic Party. As Utah Chair of the Libertarian Party, I was saddened at this, especially after receiving support from Equality Utah for my own campaign for Attorney General in 2004. In 2008, that changed, and I could not in good conscience attend the dinner. And so, my name was removed from the mailing list.

What a shame. I currently am working on three legal cases in which gay or bisexual men have been arrested in public parks for the crime of expressing interest in other men, who happened to be undercover police officers. At the risk of sounding like I am bragging, I must note that I took a similar case up to the Utah Supreme Court several years ago, and won. I intend to win these cases too; and it is my hope that the police will gradually come to realize that being gay in a park is not a crime. On one of the police reports, the officer had the heading: "Criminal objective: homosexual act." Well, I was among a good crowd on the steps of the Utah Capitol to celebrate on the day when the U.S. Supreme Court said that homosexual acts were no longer criminal. The officer has not yet heard this, but he will. and so will his colleagues.

It really is a shame that the party that supports personal freedom in all its aspects is frozen out of the election process, and that we are now ignored by Equality Utah. Maybe be one of these days, Equality Utah will start supporting those who have supported them for so long. In the meantime, I will have to be satisfied with reading of Bishop Robinson's talk in the newspaper.

Another "family values" champion bites the dust

2009-07-28T20:47:00.000-07:00

July 28, 2009

I was getting ready to go home tonight when I came across a great AP article that I just had to comment on. Tennessee State Senator Paul Stanley has just resigned after an affair with a 22 year old intern. Senator Stanley has a wife and two children and voted against funding for Planned Parenthood because "unmarried people should not have sex."

"'Whatever I stood for and advocated, I still believe to be true.' he said during an interview Tuesday with Memphis radio stations WREC-AM. 'And just because I fell far short of what God'; standard was for me and my wife, doesn't mean that standard is reduced in the least bit.'"

The Republican Party sets itself up as an organization of those who are just more "righteous" than others, and that facade has crumbled so fast lately that it makes one dizzy. We Libertarian do not make a practice of claiming that we are better than others, so it just isn't interesting when one of us has an affair. Perhaps it is time for the Republicans to come down off their pedestal and admit that the moral high road is not exclusively theirs.

And the "wars" go on

2009-07-23T21:37:00.000-07:00

July 23, 2009

On this eve of Utah's Pioneer Day holiday, it is important to remember that the State of Utah was founded by those who were forcibly ejected from polite society for their different religious views, including the right to have multiple wives. Times have changed, and now the outcasts see themselves as the bulwarks of society, the ones who can now "prevent the breakdown of conventional marriage" by doing such things as harassing gay men who happen to express affection while walking by the LDS Temple. After the Church issued a statement earlier this year urging respect for everyone, regardless of their sexual orientation, many of us hoped for more.

On Saturday, several groups, including the Libertarian Party, will sponsor a rally at the State Capitol to urge sensible policy toward drugs, especially marijuana. Today the U.S. "Drug Czar" dashed hopes that the Obama administration would change policy to go along with its previous announcement that it would no longer use the term "war on drugs" in policy statements. Today the Drug Czar announced "Marijuana is dangerous and has no medical benefit." Most educated people know that this is utterly without factual basis; so we now know that the new government will lie to us, just like the old one. And our hopes of something better are dashed once again.

On the local front, the Salt Lake County Sheriff reopened the "Oxbow Jail" on Monday, to help hold the prisoners that are being held for minor drug crimes and other victimless offenses. On Wednesday, it was announced that the jail might have to be closed again, because there is no money to operate it. If the waste of taxpayers money that has already gone into this farce wasn't so tragic, it would be very funny. Even staunch Republican Doug Wright of KSL radio wondered aloud if the time hadn't come to stop incarcerating people for possession of marijuana. To me, it is too obviouis to require much discussion.

Back to the national stage. Republicans have used every possible opportunity to criticize the President for his "Stimulus Package" to increase government spending to stimulate the economy. Libertarians, along with Republicans, think it is only common sense that the government must tighten its belt and cut spending when everyone else is forced to do the same. This week, however, the Republicans in the Senate put up fierce resistance to cutting back on the production of F-22 fighter aircraft. We have already built over 150 of them; and have yet to find a use for them. They have not been used once in the two expensive wars now being waged overseas. So, the Pentagon suggested that we should not build more. The reason for the fierce resistance to this request was NOT that we really need them. No, it was that those employed to build the worthless machines need the jobs! And many of them appear to work in States with Republican Senators. Wow!

Some of my Libertarian cohorts suggest that the only way we will ever elect our members to public office is to change the electoral system to something like proportional representation. I maintain that, if the two "major parties" continue to do dumb stuff to our country, the electorate will look elsewhere for a real alternative. If you are seeing some of what I see, please join us in our efforts to bring common sense back to government, and to support our freedom from a government that has gotten too big and too intrusive. Unfortunately, the two "major parties" will not restore the freedoms we have lost, so we must do it without them.

Letter to Ogden Standard Examiner

2009-07-17T22:55:00.000-07:00

July 17, 2009

Last week there was an article in the Salt Lake Tribune about an Ogden Standard Examiner reporter who has made the restricted flyer list, though he cannot figure out why. My letter to that newspaper (which I think is very good and should be circulated widely) is linked at my website at www.andrewmccullough.org blog page. Please go there and read it and then pass it on.

I am writing this in Vancouver, BC, which is a beautiful city, where I am attending a conference of First Amendment Lawyers. Will comment more soon.

July Fourth and other fun events

2009-07-03T21:45:00.001-07:00

July 3, 2009

Tomorrow is Independence Day, and a great cause to celebrate. Our country has many problems; and there is much disagreement over solutions. We all have to admit, however, that it is a better place than most alternatives. And we all can and should work to make it better. Tomorrow, for instance there will be a "Tea Party" rally at the Utah Capitol from 1 to 4 PM. These anti-tax rallies started as protests on "Tax Day" in April, and have expanded to remind us that the government is too big, spends too much of our money, and makes too many rules. I have been asked to make a short speech between 2 and 3 PM, so if you are utterly bored with other Fourth activities, come up and join us. Our tax protesting Founding Fathers would feel right at home.

Today I first heard that Governor Palin of Alaska would not run for reelection in 2010. Then, in only an hour or so, it was announced that she will resign next month. Some say she will devote full time to running for President. I sure hope not. Her resignation announcement today was disjointed, rambling and almost incoherent. I was very grateful that she was not a heartbeat from the presidency. Wow, for those of us who like to watch Repbublcian follies from afar, it has been an interesting time. Perhaps we will soon hear that she has been having an affair; but at any rate, I can only believe that the citizens of Alaska will be better off.

Yesterday, it was announced that the National Security Agency will be building a large "spy center" in Salt Lake County, near the national guard camp. that will bring lots of new "Federal money" to Utah; and some see it as an economic boots. Personally, I am not thrilled to be surrounded with Federal spies. If I were given a choice between this and a nuclear waste depository, I would have to give it some thought before deciding.

Well, I always spend part of the July Fourth holiday time watching my favorite old movie -- "1776". It is a wonderful musical about the Declaration of Independence, and is a great history lesson. If you haven't seen it, buy it or rent it and find out more about how your country was started. So, I am off to watch my movie, as tomorrow evening I will be out watching fireworks with friends. Hope you have a great holiday too.

family values and strip searches

2009-06-25T19:56:00.000-07:00

June 25, 2009

This week has been another interesting one for the "family values" crowd, in the Republican Party. Another of their leaders has fallen, a victim of his lack of such values. This time it is the Governor of South Carolina, who some had hoped might run for President, after he refused to accept Federal "bailout" money for his State. He was, after a tough legislative session and fight over the bailouts, taking a few days to wander off and just "hike", away from society. Instead, he was in South America visiting his mistress.

Last month it was Senator Ensign of Nevada, another great champion of "Family Values". What is it with these guys? They want the world to know that they are more virtuous than the rest of us; and yet they think nobody will find out that they are living a lie. I feel bad for wives who are shocked by the news of the infidelity; but I also feel bad for the voters who actually believed this baloney, and elected them to carry the banner of virtue into the "culture wars". Once again I note that Libertarians do not necessarily expect our leaders to be more virtuous than anyone else. Perhaps if everyone was a little more honest about who and what they are, there would more of us and fewer of them.

And, on another note, the U.S. Supreme Court ruled today that a school may not strip search a student in an attempt to find pills that she is claimed (by another student) to be carrying (in this case it was ibuprofen). A blow for freedom and a little less intrusion into a person's privacy. Justice Thomas, the lone dissenter, suggested that this will just result in those who carry illegal substances hiding them in their underwear to avoid detection. Yes, Justice Thomas, it just might mean that a few students who carry headache tablets to school will not be found out; and that just doesn't bother me much. The government just does not get to know everything we are doing; and that is alright with me. Even most of the conservatives on the Court got the idea that the right to check inside underwear for suspected medications is beyond the power we have given our government.

The day was also marked by the deaths of Farrah Faucett and Michael Jackson, two people who will be missed for the good they have done (even if at least Michael may have had his dark side). Farrah was one of my generation's great heartthrobs; and check out "USA for Africa" to be reminded of the good that Michael did to help the less fortunate. May they both rest in peace.

Some thoughts

2009-06-11T18:54:00.000-07:00

June 11, 2009

Much has happened since I last wrote anything here. Life, as always, is hectic. My good old friend, Mark Shurtleff is running for Senate, and is grandstanding as usual to get attention. This week he created a "task force" to investigate crimes by and among immigrants. In Utah, that will give him good press, while adding nothing to law enforcement. All crimes should be investigated, depending on their seriousness, not the skin color of the alleged perpetrator. But those who hid behind fear, and try to whip it up in others, will be pleased; and more money will come into his campaign war chest.

There are now at least 4 candidates for the Senate race next year. So far, nobody is running for governor, but there is much talk about who might, including the Salt Lake County Mayor, Peter Corroon. Look for Libertarian candidates for major offices soon -- not including, I hope, "Super Dell"

On another front, "Miss California" in the Miss Universe Pageant, who has been controversial for some time, was fired this week. She was famously asked a question about gay marriage, which I thought was a very unfair question to be asked in such a contest. She and I do NOT agree on the subject, but she did not come across as a bigot, just someone who disagrees with me. And then, she was in trouble again over "semi-nude" photographs on the internet. Now they say the firing was because of breach of contract, as she did not make appearances, etc. I can't help think it was because she engaged in unpopular speech. As somnone who defends free speech for a living, I am bothered that a young girl is hounded by those who do not think she is "correct" in either her political or sexual expression. Requiring someone to be politically correct in a beauty contest is not appropriate; and if this is all an outgrowth of that, shame on those who have done this.

Last weekend the Libertarians had a booth at Salt Lake Pride, and we signed up many potential new members. We are working hard to give Utah a real alternative -- a chance to say "No" to censorship, the war on drugs, and government interference in our lives. Help us spread the word, and stay tuned here for more news of freedom.

Utah loses a governor again?

2009-05-15T21:12:00.000-07:00

May 15, 2009

Tonight it is reported that Governor Huntsman will shortly be appointed U.S. Ambassador to China. Congratulations, Governor. Sounds like a great job. But it brings up an interesting question. Is there any chance you could take a few more Utah Republicans with you as staff? How about Senator Buttars and a few of his cohorts? Please give it some thought. This could turn out to be a great boon for our State.

The beginning of the end to the "war on drugs"?

2009-05-13T22:06:00.000-07:00

May 13, 2009

Today the Wall Street Journal reports that the new U.S. "Drug Czar" wants to at least end the use of the "war on drugs" terminology in its policy statements. According to the article, people see it as a war on them and their freedom, rather than a war on a substance. Yay! Finally someone noticed. During my campaign for Utah Attorney General last year, the Ogden Standard Examiner newspaper labeled my view on this subject as "not in the mainstream". I retorted that it was my job to try and move the mainstream more towards reality. And it is beginning to look like I am not the lone voice on the subject. Those in power are beginning to realize that making a whole generation of young people into criminals is not good for the nation. Policy, we are told, will emphasize treatment, rather than law enforcement. And it is way past time! It is time to rise up and let your voice be heard! Let "them" know that you will no longer allow them to threaten your freedoms in a misguided attempt to save you from your own choices. You can see the article at http://online.wsj.com/article/SB124225891527617397.html

And speaking of those who still want to fight the losing "war on drugs", our current Utah Attorney General has announced (by mistake, they say) that he is running for the U.S. Senate next year. I am working to field a strong Libertarian candidate who will continue to preach common sense in the face of all the misinformation given to us through the two "major" parties. Let's be heard in our opposition to the continued misguided policies. Treatment over jail? A good start. Maybe the next step will be to acknoledge that, just like those who drink alchohol, not all drug users need treatment; and that this should be an individual decision, not one forced upon them by the courts.

More political fun

2009-04-28T20:35:00.000-07:00

April 28, 2009

Friday this week is Law Day, traditionally the day Americans of the legal profession celebrate the "rule of law". It is also the day that is set aside for the Utah Attorney General to have a major fund raiser for his political action committee. This year he has invited the Utah football coach to talk about the wonderful year his team had last year, and presumably to invite commiseration about having lost the national championship because of the bowl matchups. As many people no doubt remember, the current Attorney General has been threatening to "investigate" the BCS championship system for possible violations of anti-trust laws. This week the newspapers tell us that he is not yet "investigating", but is still looking into whether to investigate. That, it seems to me, is pretty confusing, but it apparently is enough to bring out a big crowd to his event, at $300 per plate. I sure hope the food is good.

The question that has kept me guessing is what this fund raising effort is for. The Attorney General has announced that he is not running for re-election; and there is some chance he may run for the Senate next year. But then, there is also Utah's strange campaign law which allows him to vaguely raise huge amounts of money for political purposes, and then later declare it as income and just keep it. What a deal! And there are still stories making the rounds about huge contributions from those who are seeking favors. All perfectly legal, and yet somehow just slightly slimy. Well, the Republicans seem to have mor money than they need -- perhaps it is from government bailout money, which they so vocally oppose.

Yesterday, I received a letter from a lady in Pennsylvania, addressing me as a fellow conservative, and calling on me and like-minded religious people to help throw Senator Arlen Spector right out of the Republican party, for being so liberal. Well, she got her wish, and so very quickly. Senator Spector apparently realized that the Republican Party in his state has moved far to the right, and no longer tolerates "moderates" or liberals. So, today he became a Democrat, just about totally sealing the power of the Democratic Party in Washington. Some in my own Libertarian Party have joined the wailing that the "socialists" have taken over completely, and that all is lost. Personally, I think that the Republican Party, with their drive to become the "pure" conservative party in the United States, has alienated far too many people. As a former Republican who long ago felt squeezed out by the religious right, I have a strong impulse to just gloat. There is little doubt that civil liberties under the Democrats will enjoy a resurgence. Sadly, however, the war on drugs will go on, and jails and prisons will remain full.

But, lest anyone think otherwise, I am not a Democrat. This week I read that the Federal government is likely to become the majority stockholder of General Motors. As a Ford stockholder, I am not happy that we will have to compete against the government. That is not the way the capitalist system is supposed to work. And yes, taxes are too high, and the government is too big. But those who think that a return to Republican control will help have short memories, or are just naive. It really is about time that our little Libertarian Party be given some attention, and that people wean themselves from the "two party system". What a mess we are in, and both "major" parties are to blame. See our website at www.lputah.org and see what you can do to help force real change. Now if we Libertarians can just keep from trying to kill each other!

Loss of a "friend"

2009-04-13T20:11:00.001-07:00

April 13, 2009

On a wall in a back office in my law office is a photo of Marilyn Chambers, endorsed "To Andy with Lust". The photo was done for me when Marilyn ran for Vice President on the "Personal Choice" ticket in 2004. It is a treasured memento from someone I always wanted to meet, and now never will. Marilyn was found dead in her home last night, of unknown causes, at age 56.

Marilyn was a high fashion model in the 70's and was featured on the front of the box of Ivory Snow detergent, holding a baby. That photo was quickly removed when it was found that she had starred in one of America's first mass appeal porn movies, "Behind the Green Door". She starred in a number of other porn movies, and did some mainstream stage and movie acting as well. As an attorney who champions free speech, she was a hero -- someone who was a pioneer in the effort to topple outdated censorship laws, and to allow Americans to enjoy watching whatever entertainment they felt appropriate without government interference.

I feel as though I lost a friend, and I am sad. Thank you, Marilyn for what you did for our freedom. You will be missed.

Criminally different, and other thoughts

2009-04-12T20:06:00.000-07:00

April 12, 2009

It has been a while since I added to this blog, so there are a few things that I would like to mention.

I go down to watch spring baseball every March, in Phoenix. It gets my spring started, and it is always great fun. Besides the baseball, there is a spring traditional music festival where I spend as much time as possible. But every time I go there, the local news has stories about the Maricopa County Sheriff. "Sheriff Joe" as people call him has many who think his "get tough" approach is what the country needs. And many others, like me, wonder why this two bit bully, who has built a "tent city" to house prisoners, keeps getting elected. This year, under the heading "Criminally Brown", was a story about his harassment of local Yacqui Indians, who happen to look like Mexicans, and share Spanish surnames. Unfortunately, the small town of Guadalupe, surrounded on three sides by the City of Tempe, has had to contract with the Sheriff for police services, after failing to reach an agreement with Tempe for those services. They, however, pay a high price in the rough treatment their citizens get at the hands of Sheriff's deputies who are hunting "illegals". The article mentions a small group who are raising funds to fight back when their people are wrongfully arrested in what appears to be misguided efforts to "round up the illegals". I went out one Saturday morning to find these people and missed them. Next time, Andrew.

Here in Utah, a new law goes into effect in July which encourages, but does not require, local police forces to cross-deputize their officers as immigration officers, to help in the round up. This past week, Salt Lake City and Park City opted out. Hopefully many others will do the same. The Salt Lake City Police Chief rightfully pointed out (as has our Attorney general) that cross-deputizing will instill fear in the immigrant community, and that all cooperation with the police on other issues will cease. That is counter-productive. Now, the House sponsor of the new law has threatened "retribution" on those who do not sign up. There are claims made that the immigrant community accounts for more than its share of crimes; but the statistics show this is not true. Yes, we need to control our borders, but we have not vigorously enforced immigration laws because we need this migrant labor to do so many things that our won citizens will not do. Like the stupid "war on drugs", the effort to use criminal laws to round people up for deportation is doomed to fail. One of these days, we will arrive at a sensible "guest worker" policy. Of course, in Utah, we like to round up those who are different in more ways than just race or ethnicity. Those who dress or wear their hair differently are stopped by police for investigation. And heaven help them if the police make them "nervous", as police are trained to look for this as a sign of "guilt". Watch for the upcoming story of a black man who has been repeatedly arrested, apparently just for being black in the wrong place at the wrong time.

Our esteemed Attorney General seems to be getting ready to run for the Senate next year. Senator Bennett is getting old, and there are those who think his time is up. This week's Salt Lake Weekly had an interesting lead story on the Attorney General's potent fund-raising operation, and how it may be used to funnel money into a Senate campaign and avoid Federal contribution limits. Read it and decide whether these things make you nervous. People keep asking me whether I will run for Attorney General again. Probably not. I am getting old too, and small parties suffer from a lack of money and recognition. But, I certainly intend to keep giving an alternative point of view and encouraging others to get involved.

And, in that vein, let me remind my readers of two upcoming events. the Utah Libertarian Party will hold its convention, and elect its officers, on May 16. All are welcome. See www.lputah.org for details. That same evening, the ACLU of Utah will hold its annual dinner. The cost for this is $100, and I am hoping to fill a table of ten. Contact me at wandrew@prodigy.net for ticket information. get involved, and help us stop the oppression.

Watching porn in Utah

2009-03-03T21:29:00.000-08:00

March 3, 2009

Today's newspapers reported that Utah ranks No. 1 per capita among the 50 states in subscriptions to adult websites. Explanations for this run from the fact that Utah has younger population to the fact that adult movies are not easily available here by other means. Most mail order services will not send adult movies into Utah for fear of being prosecuted, so it is easier and safer to order it online.

This morning's Doug Wright Show on KSL radio featured a lively discussion as to the causes of this "problem", and even accusations from some that numbers were manipulated to make Utah look bad. Pamela Atkinson, who does great work as an advocate for the homeless in Utah unfortunately has divided her attention by also serving as head of the Utah Coalition Against Pornography. She is quoted as lamenting the fact that "People spending more time on the internet are realizing that this is something they can do in the privacy of their own rooms and their own homes."

The Supreme Court ruled, way back in 1967 that viewing pornography in the privacy of one's own home is not a crime. In 2003, the Court went a step closer and said that is not the government's business what sexual activity you may have in hour home, as long as there are no minors involved. So, it seems pretty settled that people who view adult videos in their own homes are not a "problem" at all. While it may be interesting that Utahns are no different than anybody else in this regard, it is hardly evidence that "the problem is really growing in Utah", as opined by Ms. Atkinson. If anything, this is a sign that Utahns are no longer afraid of free speech. If that is the case, this is certainly good news. Freedom breaks out wherever and whenever it is least expected. Hooray!

Family values

2009-02-27T11:44:00.000-08:00

February 27, 2009

This morning I read a Paul Rolly column in the Salt Lake Tribune from last Sunday that I should have seen earlier. It was about Evan Twede, a conservative Republican who has worked professionally on campaigns for many years. Recently he has decided to leave the party, even though that is how he has made his living. The problem is that he has a gay son, and he no longer can work within the party that has brought us Chris Buttars and the legion of other homophobes who have great power and influence in our State. It reminded me of my own disaffection from the Party where I served as Young Republican treasurer for Utah for four years. My former party, which used to stand against too much government, now stands for government interference in areas of our lives where government simply does not belong. I realised several years ago that I could no longer support the party that has been taken over by the religious right. The last eight years of the "reign of terror" presided over by George W. Bush only made me more determined to fight back.

So, here I am, the Utah Chair of the Libertarian Party. We are still small but we are growing. Our recent entry into Facebook has brought us hundreds of new friends. Last night our monthly Salt Lake County social event attracted the largest crowd in a long time.

To those who were once Republicans, but who can no longer stand the intolerance, and who no longer can stand the fear mongering, there is an alternative. If you are a fiscal conservative, your natural home is the Libertarian Party. We welcome you with open arms, and assure you that we will not preach to you about matters that are intensely personal to you. Please see our website at www.lputah.org, and consider getting involved. Join us on our new Facebook page, and at our socials. Join us in telling the government that you no longer wish to live in fear, and that you no longer can tolerate the intolerant. "You have nothing to lose but your chains."

So much to talk about

2009-02-20T17:47:00.000-08:00

February 20, 2009

There is indeed so much to talk about lately, it is hard to know where to begin. Today former Utah Senate President John Valentine was vindicated in his decision last year to remove Senator Buttars as chair of the Judiciary committee. That was for insensitive remarks that brought several calls for his resignation from the Senate. Buttars reacted by getting together with some of his conservative friends in the Senate and overthrowing Valentine. He was promptly restored to his chairmanship. Well, today the new Senate President removed him again for more insensitive, and downright mean-spritied comments, particularly about gays. This time it brought a rebuke from the LDS Church, something that happens only on very rare occasions. I think the Senate President did the right thing. Senator Butttars refuses to see what he has done wrong. And, of course, he speaks for many like him who think that society is going to the dogs, and must be shielded from immorality. As the Church said, however, the debate should be civil and respectful, something that Buttars does not seem to understand. Perhaps next time will be the time when the voters in his district get embarrassed enough to bring in someone new.

Our State Attorney General has been in the news, with his calls to cut back on criminal appeal rights, and the Salt Lake Tribune pointed out this week that the AG's efforts to cut the time necessary for an execution amount to improper interference by the legislature in the entire legal process. See my website, under articles and briefs, for the Tribune editorial, and my own efforts to obtain compensation for someone wrongfully imprisoned. Personally, I am scared to death over the possibility of executing an innocent person; and there are undoubted examples of that in our history.

I must have a short say about the government efforts to prop up our economy. While I am not a pure Libertarian who thinks all government intervetnion is wrong, I do worry that we have spent so much money, which has to be borrowed, without knowing it will help. And, of course, it increases the size of government, something that I always think is the wrong direction. This week I finally started reading Ayn Rand's book on the hopelessness of such intervention, "Atlas Shrugged". I will report more on this when and if I get through its 1100 pages.

And I also must comment on the passing today of Larry H. Miller. A devout member of the LDS Church who also had his tussles with gay rights, he seemed to be willing to engage in dialogue and try and accommodate the views of others. Mostly, he brought Utah great entertainment, and he will be missed by all.

Please remember to check off the Libertarian Party box when you do your Utah Income tax return; and ask your friends to do the same. Utah needs a new voice, and we will work hard to supply it. I look forward to the days of more freedom, but it will not come without your help.

The Patriot Act again!

2009-01-29T10:50:00.000-08:00

January 29, 2009

For the last several years, I have lived with a Little gnawing fear in the back of my head. It all started with a letter from the bank where I keep my general account for my law office. Due to the Patriot Act and its provisions on money laundering, they had found "suspicious" activity in my account. They had closed the account without warning, because the main source of funds was money from another account in my own name. That account, of course, is my client trust account, where I keep client money until it is earned. Once a week or so, I transfer that money to my general account and use it to pay firm bills, including my secretaries. Then I take what has not been spent on bills and transfer it to yet another account in my name -- my personal account, and pay my own personal bills. I have been doing this for 35 years. When I explained this to them, they apologized, told me it would not happen again, and reopened my account. But, of course, by then, there were several bounced checks that I had to deal with.

Well, today, it happened again. This time they have given me until Monday to get my money out, before they close the account. Somewhere in Texas, Mr. Bush is laughing that his outrageous "national security" measures have caught another innocent victim. This time I do not want to reopen the account. I asked for 30 days to clear it out in an orderly manner; and I am awaiting word. In the meantime, I am not identifying the bank. But I am angry, hurt, and afraid of my government and what it can do to turn my life upside down without any thought or repercussion.

I am Chair of the Utah Libertarian Party. Many ask why we need a small party like ours. Why not work within the "two party system"? Well, today, we see why there must be others who will raise their voices and tell the government to stop oppressing its citizens. And to stop enlisting our banks, our neighbors, and our associates to help. Almost all members of Congress, from both "major" parties voted for the Patriot Act without even knowing what was in it. I cannot continue to live in fear like this. I will find a smaller bank, where I can talk to the bank officers, and where they will not do this to me again. But, I am not the only one who has been treated like this.

What about you? Are you living in fear? Or are you just too naive to be afraid? On January 20, I woke up and declared that the "reign of terror is over." No, it is not! We still have cause to live in fear. Mr. Obama, what will you do to make it less so?

News and comments

2009-01-12T20:04:00.000-08:00

January 12, 2009

I just got back from Las Vegas where I watched the national championship college football game on TV. The big news in Utah, of course, is that our Attorney General is investigating the BCS for anti-trust violations, becvuassde Utah did not get into the title game. Well, I'm a Utah fan as well, but the AG does not seem to understand the role of government. Our team did great this year, and we are all unhappy we didn't get into the championship game. But using taxpayer money to fight over college football is a real waste of time and money at a time when taxpayer funds are in short supply. Hopefully our AG will find something else to occupy him, and this will go away, before our "pretty, great state" becomes more of a laughing stock than the polygs downs south have already made it.

Speaking of Mr. Shurtleff, Paul Rolly reported a week or so ago that our AG is giving the cold shoulder to the Tribune as a way of punishing them for some unfriendly reporting. Sounds a little like the kind of shenanigans between the Governor of Illinois and the Chicago Tribune. The Tribune, of course, utterly ignored my own candidacy for AG this past year, despite my active campaigning and my advertisements in their online edition. Perhaps they got what they deserved.

Well, the Republican reign of terror in Washington is at an end. What a relief! but then the Democrats will want more of our money in taxes. Please remember to do your very little part to keep an open debate by checking off the Libertarian Party box on your Utah Income Tax return this year. And maybe next time we will have the resources to avoid being completely ignored (except for "Super Dell", of course.)

An finally, a foot note of history, Mr. William Zantzinger, of Maryland died last week, at 69. He became somewhat famous when he "killed poor Hattie Carroll with a cane that he twirled round his diamond ringed finger at a Baltimore hotel society gathering"; and the judge "handed out strongly for penalty and repentance, William Zantzinger with a six month sentence." Since I learned that Bob Dylan song in the 60's, I wondered what really happened. And now his obituary filled in some of the details. The song was a lament on the social inequality of justice in this country. I think the days of a white man not being properly punished for killing a black woman are now long gone. And starting next week, we are truly in a new era. I voted for our Libertarian candidate for President, but I have great hopes for President Obama. May God be with him in his efforts to undo the damage done by Mr. Bush.

The New Year

2008-12-26T19:31:00.000-08:00

December 26, 2008

Well, since the election, I have not written much; and it is not likely that anybody much cares. I did write a blog recently, however, for the Libertarian Party website, at www.lputah.org. If you have a minute, please read that one, and pass it on. As Chair of the Libertarian Party of Utah, I am pleased that our candidates (even "Super Dell") got enough votes to assure our Party ballot status for the next two years. Our next effort is to grow into something that is not totally overlooked. Since the election, I have run into a lot of people who voted for me (or so they say). I have run into a number of others who say they didn't know I was running, or just thought I was far too much of a longshot to bother voting for. Oh well, that will never change, I think. But the Libertarian movement does have something to say, and we need to keep saying it in a way that will continue to reach new people. The next big project is to get Utah residents to check off our party on their Utah Income Tax forms. Please do, and ask your friends to do so also.

I also want to revamp our Libertarian Party website, and seem to have lost my webmaster. If anyone out there would like to help me with that project, and has sufficient knowledge to do it, please let me know.

I am pleased that the "reign of terror" is coming to an end; but the government will continue to oppress us in many ways, which the new administration and congress will not stop. So, get involved now, and we can expand our freedoms and take back at least some of the lost ground.

Post election comments

2008-11-20T17:22:00.000-08:00

November 20, 2008

The Utah votes are almost all tallied. My campaign for Attorney General did not do as well as I had hoped, but we worked hard and did our best. I have had several people express, since election day, that they did not know I was running, and would have voted for me if they had. Oh well. With several counties still not reporting their final totals, my votes have just gone over 34,000, which is still an improvement in both raw numbers and percentage (up from 3.2% to 3.9%) from 4 years ago. Our party also did pretty well, with our governor candidate getting just about 2.5% and our candidate for State Auditor getting about 6%. We will remain on the ballot, and will work to increase the size and influence of our party.

On a national level, the Republicans have been soundly beaten, and we all hope for things to get better. I do not conceal my relief that there will be no more Republican judges appointed for a while to our Federal courts. but, of course, the current Democrat dominated government is likely to be more free with our tax money, so we will have plenty of work to do in opposing the increasing size and cost of government.

Speaking of judicial appointments, it was sad to see the Utah Senate refused to approve the appointment of Judge Hilder to the Utah Court of Appeals. Some gun rights advocates will cheer that very political decision; but we have lost a good judge for that Court. And there can be little doubt that the Republican Senate will only approve the most conservative judge -- one who likely agrees with them on issues of state sponsored morality, and a futher loss of personal freedom. As the Federal courts become more receptive to individual rights, the State courts are likely to become less so. Once again, lots to do to oppose this movement.

On a cheerful note, my little blog has been chosen by a national libertarian organization as one of the top 100 libertarian blogs on the internet. It makes one wonder how high the standards for such a thing might have been; but I very much appreciate the honor, and will try and make this page worth turning to once in a while. I am not going away, and will continue to "stick it to the man" and fight for more freedom, lower taxes and smaller government. Join me in the fight, and see our Libertarian Party website at www.lputah.org to get more involved.

Thanks again

2008-11-05T10:24:00.000-08:00

November 4, 2008

To those who worked for my campaign, thank you very much. I also worked hard, and honestly hoped for better results. I will keep this blog going, and will have more thoughts on the election, the Libertarian Party, and the issues, very soon. In the meantime, if you see any of my signs out and about, help me get them taken down. It is a big job, and they are all over the place. I do not want to leave the state littered with them.

Talk to you all soon.

The time is here!

2008-11-03T17:02:00.001-08:00

November 3, 2008

Well, the time is indeed here. We have spent a lot of money, for a third party candidate; and have advertised heavily on the internet, in newspapers and even on TV. We have put up lots of signs, talked to a lot of people, and tried to be as visible as possible. When I have been left out of debates and media coverage, we have bought our own ads to be heard, and to protest the exclusions.

We have brought new ideas to the campaign. We have refused to parrot the same old line of being "tough on crime". Instead, we have suggested looking anew at the failed war on drugs, respecting the Fourth Amendment prohibition on unreasonable searches and seizures (repealing the Patriot Act, among other things) being more cautious about interfering with families, and putting a human face on the legal system. These are REAL changes which MUST be addressed; and I am the only one who is saying so. The Ogden Standard Examiner says my ideas are "outside the mainstream". That is all the more reason that they must be presented by a third party candidate. That is how change is achieved.

There is still time to tell your friends and to forward this blog as well. There is still time to maximize our influence and let our voices be heard. Tell someone tonight or tomorrow about my message, and ask for their support. If we pass up this wonderful opportunity, we will regret it.

The revolution is here! Let it be heard loudly!

News on the campaign trail

2008-10-30T16:21:00.000-07:00

October 30, 2008

Today has been interesting and busy. This morning the Salt Lake Tribune released a new poll in which I remained at 4% support. With all I have been doing, that number is disappointing. Ms. Hill, the Democrat, however, is at 20%, and improvement, but not a great one. And Mr. Shurtleff continues to decrease in support, despite his huge financial advantage. There is a large percentage of "undecideds", of 17%, and lots of opportunities to increase my share. Mr. Shurtleff assays it must be people who don't know what the office does. I rather think it is people who are not satisfied with the choices they have. Perhaps many of them don't know that a real choice for real change is available. I will work right up to the last minute to get the maximum Libertarian vote, and to make a showing that will remind people that we really do have something to say. I urge you to do what you can to help.

Today also, I talked with Doug Wright on his KSL talk show, The subject was our candidate for Governor, "Superdell" Schanze. He wanted to know how even 2% of the electorate could support that nut. I told him that the more I see, the more I think Dell is not as crazy as he seems. He was on the cover of the latest Salt Lake Weekly, and he got a whole hour of air time on KSL today. I'm lucky to be mentioned at all, even though I have run an active campaign and spent over $10,000. It seems that the way to get noticed is to act crazy; and now we have to wonder who really is crazy. Well, if he gets two percent, he will keep us on the ballot, no matter how I do. But, of course, I would like to outpoll him and all other "third party" candidates to show that someone who works at it and has a good platform really can get votes.

Today I received a "robo-call" from Mr. Shutleff's campaign, asking me to "push one" if I wanted to pledge my vote to him. Well, at least you can all be glad that I am not using such an obnoxious method to get votes. But, there are still people who do not know who I am. Tell somebody today, and ask for their support.

One vote at a time

2008-10-29T19:24:00.000-07:00

If you haven't already done so, please read my previous blog and the comment that just came in. Thanks to my new supporter. I need lots more like him. Today there was a story on KSL radio again about the "two candidates for Attorney General". Now they can't even bring themselves to acknowledge that I exist. And our goofball Libertarian candidate for Governor made the cover of the Salt Lake Weekly election edition, because he knows how to act just crazy enough to get attention. I was ignored again. Well, I have a steady stream of people telling me they have already voted for me or intend to do so. And I need them all to tell their friends. We can yet make a big splash here. My website hits are way up, and my internet advertising campaigns are going well. I just need a few more of you to get involved in getting out the message. Help where you can, and let's make waves!

Need your help!

2008-10-23T16:19:00.000-07:00

October 23, 2008

This morning I got a call from a gentleman in Sanpete County who is still trying to make up his mind on who to vote for. He was looking at the various candidate websites, and saw that the current Attorney General is scheduled to be in a KSL debate tomorrow. He called to ask if I had also been invited. Since I had not, my campaign secretary sent out an e-mail asking why. I later received a telephone call from KSL saying that their latest Dan Jones tracking poll had me still below their threshold for an invitation. She gave no details of the poll, but said there would be one more poll coming before the election. Also, she said, the fact that I have run before and did not get enough votes to qualify also was figured in.

I have been working quite hard on this campaign, and have spent quite a bit of money on it as well. I was hoping to see more evidence of traction. Hopefully I still will; and I am getting a steady stream of messages from people who say they have already voted for me.

Anyway, there is still time to do more. Please, if you have not yet done any of these things, pick one out and do it today.

I would like to place a few more ads. If you can spare a small contribution, please get on my website at www.andy4ag.com and make that contribution right away -- preferably by Pay Pal, so I can use it immediately.

Come by my office and get signs, bumper stickers, and literature, and help me become more visible. Or, simply call or e-mail some friends and ask them to vote for me and then ask their friends to do the same. Send out some of my blog entries to friends, and ask them to read them or watch my videos, and send them on also. There are many people out there who would vote for me if they knew what I stand for, but still don't. We have 11 days to tell them. Please help me do this. You are protecting your freedom, and that is important enough to put some effort into it.

"The stakes are too high to stay at home."

Ogden Standard Examiner

2008-10-20T18:14:00.000-07:00

October 20, 2008

I am taking the unusual step here of linking to Saturday's Ogden Standard Examiner editorial endorsement of Jean Welch Hill for Utah Attorney General. I think it is an interesting and informative article, written after the full editorial board spent a half hour with each of the three candidates, and taped the interviews for their website. Perhaps most people do not have an hour and a half to invest in watching all three interviews; but they are attached to the editorial, for your information.

http://www.standard.net/live/opinion/editorials/146176/

At first glance, the brief mention of me in the editorial might seem dismissive: "Libertarian Andrew McCullough is a candid man and we appreciate his blunt talk, but many of his ideas are not in the mainstream." Of course, they are right. That is the function of a "third party" candidate: to move the mainstream in a new direction. As I said in my comment on their website, I am looking for voters who "are tired of the failed policies of the mainstream, such as the hopeless 'war on drugs'". At least these voters now know they have a real choice.

Frankly, if I am to pull an upset and beat Mr. Shurtleff, I need Ms. Welch Hill to do better than early poll numbers suggest she is doing. When I went into the interview at the Standard Examiner, I told them that they would not find it possible to endorse me, as their readers would think they had become too radical. I didn't go there with the hope of an endorsement, just the hope of being heard. And I am being heard. If you want to be heard, join me in my campaign to "move the mainstream in a new direction", and to change the failed policies of the present. Ms. Welch Hill is not an agent of real change, and real change is what the nation is seeking. If you are tired of fearing your government, this is your big chance to make that change. If you wait until November 5 to do something, it will be too late.

Today I had my first joint appearance with Ms. Welch Hill, on KTKK radio. Mr. Shurtleff was invited, but declined. He believes he is so far ahead that he does not have to debate his opponents. Tomorrow, at 9:00 AM I will again be featured for an hour on KTKK radio, this time by myself. Tell your friends.

Campaign whirlwind, new videos

2008-10-15T19:52:00.000-07:00

October 15, 2008

I am having a lot of fun, and at the same time; I will be glad when it is over. There is no doubt that my law practice suffers a bit lately from lack of attention. But there is so much to do and so much to say. We have started advertising online, in print and even on TV. Signs, bumper stickers and fliers have been going out to more and more people. I have been mentioned in several publications, and people are taking notice. There is still lots to do, as many people still have not heard of me. But, by November 4, I think it will be hard to utterly ignore me. If you agree with what I have to say, I still need your help in passing the word along to friends and neighbors. Send this blog on to a friend, put up a sign, pass out literature, or find your own way. What a shock it will be to the "powers that be" if I score in double figures, or maybe even come in second. Why not? It is within reach.

I have created new campaign videos that are running on broadcast and cable TV. Click on them below, and share them with your voting friends.

Get out and vote, and if you still know someone who is not registered, there is still time to drag them to the county clerk and get them registered. Two of my closest friends have told me in the last two days that they have not yet registered. (You know who you are, now get down there and do it!). Those who support the Republican establishment will vote. Do you have an excuse not to? The stakes really are too high to stay at home.

Rolling along as election time nears

2008-10-03T18:41:00.000-07:00

October 3, 2008

I just watched the introduction to KUED's Attorney General debate this evening, and it started out with two untruths. That was enough for me, and I decided my time was better spent here. The first untruth was that the debate was going to feature the "two major candidates for Utah Attorney General". I don't know how they measure that, but my Democratic opponent polls at 16%, and that has to be a stretch to call her "major". The second untruth was that the AG race this year has been "one of the most lively" of the election year. How they could say that about a race where I am not heard and where Ms. Hill has almost no presence despite her "major party" status, I do not know. If there is anything lively about the race, it is my presence, and it will get more lively with your help.

While up on campus at the University earlier this week, we had some contacts with KUED, and tried without success to get them to include me in their debate. So, I have purchased an ad in the Daily Chronicle for next Tuesday to protest my exclusion from three separate debates sponsored by parts of the tax supported university. I should not have to pay to be heard, but I am willing to do so, in order to let the public know I am running. It is too late to change any minds at the university about including me, but there is much you can do to help with very little effort or expense. Read through some of my recent blogs, and you will come up with some ideas. Signs, bumper stickers and flyers are available in many places around the State, and the flyer is now online at my website at www.andy4ag.com to be printed out and spread around.

Also, this week we have added to our YouTube presence with my 8 minute speech to this summer's hemp rally at the State Capitol. This video needs to be spread around. Please view it and find someone in Utah to send it to. http://www.youtube.com/watch?v=RA3LW2P7tpk
It is actually pretty good, I think.

Next week we will have our TV ad out. There will be a 30 second version to be used on actual broadcast television, and a longer version for YouTube. This medium works only when people watch and then ask others to watch. Very little time, and no money to do this, so please do it today.

Keep tuned in. I have money to spend, though I still need you to donate. It is very quick and easy at my website. I will be popping up all over the place. This week I have also starrted advertising in the online edition of Salt Lake's two major newspapers. Tell your friends, the revolution is here.

Thanks to my friends and supporters

2008-09-28T20:10:00.000-07:00

September 28, 2008

On Friday night we had a rousing and raucous fund raising party hosted by my wonderful friends, the Voodoo Darlings, and their band, Voodoo Box. thanks to them and all those who showed up or donated. And for those who didn't make it (several people said they would be there and did not come), you can still get involved right now by making a small donation to the campaign. I have a PayPal account on my website at www.andy4ag.com and it takes only a minute or so to do it.

If you are wondering if it will do any good, let me report that I have a TV commercial coming out nest week, which will be shown on at least one or two local stations as well as YouTube. We will be doing some radio advertising, and internet as well. We have already started ads in three print publications; and you can see a recent comment on this blog by someone who responded to one of those ads. We ARE going to be heard; and your donation can help. TV and radio spots start in the area of $10. Can you afford to sponsor a spot or two?

More soon about some other wonderful people who have helped make a difference. Keep it up guys, we are beginning to scare them!

My opponent and the press

2008-09-24T21:19:00.000-07:00

September 24, 2008

Today I opened the Salt Lake City weekly newspaper in anticipation of seeing one of my ads there for my candidacy. And I did, but on the very next page was a very interesting article about the current Attorney General. I have never had cause to question his honesty, and I do not do so now; but one wonders how he can take $35,000 in contributions for his campaign from a firm that has a large no-bid contract with his office, and employs his daughter, without apparently even noticing that it looks and smells bad. We Libertarians do not get contributions like that; and obviously I have nothing to give in return. But the disparity in resources does seem slightly clearer to me now. Wow! So, in the unlikely event that I am elected Attorney General in six weeks, I hereby pledge that I will serve only one term, and get out. There will be no reelection campaign kitty to be fed by those who may THINK they might get a favor as a result; and there will be no questions like there are here. To see the article click here: http://www.slweekly.com/index.cfm?do=article.details&id=95073145-14D1-13A2-9F4D65820AFEC78E&message=Your%20comment%20has%20been%20posted

Today also there was a nice article about me in the Utah Daily Chronicle. It pointed out that I was not invited to the upcoming Hinckley Institute debate because of the perception that I am not a serious candiate. Hopefully, there will be opportunities to convince others that I am, especially in light of the Democratic candidate's weak showing in the polls. Please, if you like what I say, help me spread the word that I am running and that I have something to say that is worth listening to. That article can be seen here: http://www.dailyutahchronicle.com/news/u_alumnus_runs_for_attorney_general_as_libertarian

A good week

2008-09-20T18:40:00.000-07:00

September 20, 2008

This week has been a good one for the campaign, though I struggle to keep up with that and still maintain my law practice. I am having great fun, but will be relieved in six weeks when it is over. There are only six weeks to make an impact, and we will do that, with your help. The latest poll, which identifies me as "other" shows I am making progress, and that the Democrat is not. So, my goal is to come in at least second; and that will send a major message that we are to be listened to.

I have now got signs and other campaign material all over the state. See my website, and look for "campaign materials" to get your signs, bumper stickers, and flyers. I will post the flyer online shortly, so you can download it for distribution. I also have t-shirts and some big banners. Anyone who has a place where we can hang one, please let me know.

I was interviewed twice by Utah publications this week, and we started print advertising. I think I convinced both reporters that I am the best candidate. If I could talk to everyone for a few minutes, I would win. My fund raising is doing better, and I should have some money for radio advertisements (and maybe a little TV) as well. Send in your contributions today.

I am still being excluded from debates and other appearances, so it would help if you would contact sponsors and ask them to include me. Also, watch online for chances to comment on political news stories, and to mention me and our other candidates. Call our campaign office at 801 565-1988 to get involved. And see my campaign message, which isnow online on Youtube.

Last night, as I stood on the Trax platform, a woman on the train going the other way, started waving and pointed to my "Libertarian" hat, indicating she really liked it. get yours for only $15, and help us get our message out simply by wearing it.

Events and advertising

2008-09-12T18:03:00.000-07:00

September 12, 2008

My campaign will start print advertising next week, and I hope to follow it with other media, including a real cool TV ad. Help out with a donation if you can. This week I received a terse note from KUER (supposedly public radio, paid for by taxpayer money) saying early polls on my race did not justify them interviewing me for their station. I am wondering how they justified interviewing the Democrat, who has very little support or money. If you would like to comment on my exclusion, you can do so at fm90@kuer.org But, that is the life of a "third party" candidate, and we will do the best we can with what we have. Keep your eye out for my efforts to become more visible. And in an interesting coincidence today, the Deseret News published a new poll showing both of my opponents slipping, while I am gaining support, and more than ever are undecided. Yes, I'm still in third place, but I am doing better, even though the pollster only mentions me as "other".

Two weeks from tonight we will be having a really cool campaign fundraising event at the Paper Moon club at 3737 S. State St. in Salt Lake. Tickets will be $20 at the door, but only $10 if paid for in advance through our slick reservation site. So log on right now and reserve your tickets. And bring some extra money to tip the dancers and to donate to the campaign. and let's have some fun taking on the establishment.

http://www.libertease.eventbrite.com/

See you there, and in other places around the State. Stick it to the man!

My campaign video, and my opponent

2008-09-06T17:31:00.000-07:00

September 6, 2008

The 5 minute message I made for Valley TV, at Salt Lake Community College is up on their website. Please watch it and pass it on. The producer came out of his booth to say he liked what I have to say. If people listen, they will often agree. I need help in getting them to listen.

http://www.valleytelevision.net/podcasting/gen_election_candidates.htm

In today's news, the Deseret News editorialized against the current Attorney General's website, which shows video and comment on the arrests of people suspected, but not convicted, of crimes; and Paul Rolly's column reported on the interesting uses of campaign money by the current Attorney General. both in Saturday's editions. Check them out, and see even more reasons to vote for me.

Campaign Financing, and voting

2008-09-05T11:31:00.000-07:00

September 5, 2008

This week the Salt Lake Tribune reported that the current Attorney General as $241,000 in the bank to about $16,000 for his Democratic opponent. I was not mentioned, though I am a lot closer to her than she is to me. The large amount for the incumbent included several checks for $20,000 apiece. His contributions come from companies and major law firms who may hope to gain some favor someday. Well, I don't have favors to hand out (and it does not look like Ms. Hill does either), but I could sure use some small contributions either by mail or by PayPal. see http://www.andy4ag.com/ to help out with donations, volunteering, etc. And watch for my completely redesigned and upgraded website which will premiere within the next few days. It is quite professional and beautiful. I am working as hard as I can to make a difference in the debate, and I really do need some help. So, even if $5.00 is all you can do, do it now.

The campaign contributions give to the current Attorney General by those who want to curry his favor really are obscene. He says, of course, that influence is not for sale. And, as a defender of free speech, I do not believe in government regulation of such things. But, it sure puts "ordinary people", like both of his opponents, at a terrible disadvantage. On the other hand, Barack Obama and Ron Paul raised large amounts of money this year from many small donors. Those who do not want government paid for by corporate political action committees should take this opportunity to make a small donation to offset them. If enough people do that, the advantage can be diminished.

Last week someone commented on seeing a bumper sticker on my car; and that maybe it was the only one in the whole State. Signs and bumper stickers have been going out this week. E-mail me and I will send you a couple of stickers, or come by and get signs. See my website for other places where they can be picked up, starting this week.

As I talk to people around the State about voting, many tell me that they are convicted felons and cannot vote. Yes, in many states, the opposition is stifled by convicting them of drug possession and then taking away their right to vote. Not in Utah. We consider the right to vote to be sacred here. If you are not registered, once again see my website about how and where to register. That is one less excuse. Those who would oppress us always vote. The least we can do is to do the same. Register yourself and a friend today. General registration closes on October 15, so don't wait.

Shurtleff, Dylan and Barr

2008-08-30T12:50:00.000-07:00

August 30, 2008

This morning's SL Trib reports on the operation (No. 7) that Mark Shurtleff, our current Attorney General, underwent yesterday to save his leg -- the only alternative, they say, to amputation. I want to say once again that, while I staunchly oppose many of the policies of his office, I like Mark, and I enjoy being around him. One of his assistant's once told me that he didn't have much of a sense of humor. That just isn't true. You can even see it in this time of crisis. He is actually a pretty funny guy. And, while I hope he is not re-elected, my best wishes and prayers are with him for a complete recovery. Hope to see you around, Mark, and in good spirits.

Bob Dylan is coming to Utah tomorrow for a concert. It is outside, and the weather may not cooperate. but this is a man who inspired several generations to make the world a better place. And in terms of the message I am preaching (while not exactly what he would preach, I think), here is an excerpt from the song "A Hard Rain's Gonna Fall" that inspires me to do my best at it:

And I'll tell it and think it and speak and breathe it,
And reflect from the mountain so all souls can see it,
And I'll stand on the ocean until I start sinking,
But I'll know my song well before I start singing,

Thanks, Bob for the inspiration.

And, finally, I got an e-mail from somebody who thought the Republican VP nominee will be more libertarian than most, and seemed pleased. I am not pleased with anything the Republicans do. They have spent 8 years destroying our freedoms, and we should give them what they deserve, a real thrashing. Vote for Bob Barr for President, and see his website for ways to help. Please see also updates this weekend on the www.lputah.org website. AND, watch for the major overhaul of my campaign website, coming sometime over the next week at www.andy4ag.com What I have seen of it is quite wonderful. Oh, and the campaign (and party) now has a real working phone number: 801 565-1988. Call and volunteer to help.

Left out again?

2008-08-23T14:56:00.000-07:00

August 23, 2008

A supporter sent a calendar item from the Utah Policy website announcing a debate at the Hinckley Institute at the University of Utah on September 30, for the Attorney General candidates. Unfortunately, my name was not included. This is not unusual, and if asked, the sponsoring organization will usually say something like "we only want the candidates with a realistic chance to win". Well, the initial polls in this race show the Democrat candidate, Jean Welch Hill, with almost no chance at winning. So, why not just acknowledge that, and only invite the current Attorney General to tell why is so loved and admired? On the other hand, if the Hinkley Institute wants to air the issues and examine all valid points of view, they should invite me. I am a breath of fresh air, and will change the nature of the debate. Rather than just arguing over who can be "tougher on crime", we would examine the issue of whether the drug war, which puts thousands of young people in prison every year, is a total catastrophe, and should be ended. Crime rates would plummet immediately, and society would be safer. But, for now, such a point of view will not be heard.

If you agree that the debate needs all points of view, contact the Hinckley Institute right now and ask them to include me in their debate. And then, send a contribution, get a lawn sign, put on a bumper sticker, or simply forward this to your Utah friends and ask them to do the same. <hinckley@hinckley.utah.edu>
Thanks!

A note on the Olympics.

2008-08-20T20:48:00.000-07:00

August 20, 2008

I have tried to watch as much of the Olympics as I can over the last 10 days or so. And since I am a season ticket holder at the University of Utah gymnastics, I tried to watch those events. Last night our little American gymnastics hero, Shawn Johnson, finally won her gold medal on the balance beam. And during her interview afterwards, she warmed my heart by her very quiet political statement, which consisted of wearing "peace symbol" earrings. Nobody mentioned them, but as someone who opposes Mr. Bush's war and all the infringements on civil liberties which have come with it, I was indeed very proud of this American gold medal winner. Way to go, girl!

Latest news

2008-08-19T13:31:00.000-07:00

August 19, 2008

I returned to Utah from vacation late last night, and found news and issues awaiting me. This morning's radio and newspapers report that the president of Westminster College in Salt Lake City has signed on to a letter circulating among college presidents encouraging states to lower their drinking age to 18. The higher age restriction, according to some, encourages binge drinking, and is widely violated. I have always thought this was a stupid law, designed by those who want to continue making decisions for other people as long as they can. I have wondered why younger voters do not rebel and throw those who want to run their lives out of office. I fully support the initiative of the college presidents, and urge younger voters to flex their muscles this year by voting Libertarian and demanding their equal rights as citizens.

The Deseret News also reports today an effort by Republicans in the legislature to stop citizens from making laws by initiative process, or from repealing bad laws by referendum. this is after the voters of this state overwhelmingly crushed a law on vouchers earlier this year. Some may remember the citizen initiative from several years ago which substantially restricted civil forfeitures of those accused (but not convicted) of certain crimes. After intense lobbying from the current Attorney General, the legislature overrode that initiative, and gave police back their right to take property which they claim was illegally gained or used. Now the legislature will likely act to atop voters from overruling them again. Once again, it is time for voters to rebel and to throw those who want to run their lives out of office. Help me send a message that you do not like state officials telling you what to do. Now, before it is too late.

Oops!

2008-08-13T17:23:00.000-07:00

August 13, 2008

I am on vacation in New York State, so will write only briefly. Various news sources report that the Governor and the Attorney General did not read the Constitution of Utah before changing the State's work day to a ten hour day, four days a week. The Constitution says, in Article XVI, Section 6, that all state employees shall work only eight hour days. Now the Attorney General says that there is "enough ambiguity" in the Constitution to defend the State against any law suits on the subject. I fail to see the ambiguity. why not just admit that you blew it and didn't do your job?

Had enough? See previous blogs for ways to help change things. More soon.

A "positive rating" and a check

2008-07-30T11:51:00.000-07:00

July 30, 2008

I am pleased to report that I received an "endorsement check" today for $500 from the Planned Parenthood Action Council. If you go their website at http://www.ppacutah.org/ you will see that their formal endorsement went elsewhere, but that I am featured on their site with a "positive rating". The check speaks volumes, however, as it is a rare accomplishment for a Libertarian candidate to receive Political Action Committee PAC) funds. Four years ago, I received a similar check and "positive rating" from Equality Utah, which unfortunately chose not to repeat that this year. Nevertheless, I am getting noticed. As I told them, the funds will be spent carefully and judicially to spread the message of less government control over our personal lives. And I publicly thank PPAC for their confidence.

Now it is up to me to do my best to spread the word, and I need your help too. Please consider a small contribution of your own, and please send this announcement to your friends in Utah. So much to do , and so little time.

Please, if you have not done so recently, browse through my previous blog entries, and see what I have been doing to defend freedom. Then, do something to help.

An innocent man

2008-07-24T18:51:00.000-07:00

July 24, 2008

In honor of Pioneer day in Utah, I have posted on the blog portion of my website my reponse to a Motion to dismiss in a sad case. My client spent over four years in prison for something that all signs show he did not do. My attempt to collect statutory compensation for him has brought the full weight of the Attorney Genral's office on to this unfortunate man. In April, the current Attorney General issued a press release http://attorneygeneral.utah.gov/892.html stating that he favored a new law providing for such compensation for a wrongfully convicted person, but that he knew of no such cases. He did not look too hard. See my website blog at www.andrewmccullough.org/blog.html and read the pleading and decide for yourself.

A real alternative

2008-07-20T14:14:00.000-07:00

July 20, 2008

Some thoughts on the road to giving the people a real alternative. I have been hard at work, as usual, over the last several days, on my campaign to give the people a real alternative in the race for Attorney General, and to manage the party as State Chair. All the while, of course, I have a busy law practice to keep up. Sometimes I wonder if I can do it, and it it is all worth it. This morning, however, I was reading the autobiography of Harry Reid, the majority leader of the US Senate. He wrote of the pressures of going to law school, keeping a fulltime job, and starting a family. At one point he sought counsel from his law school dean, who told him that the best answer was probably to quit law school. Obviously he didn't; but he harbored a grudge against that dean for many years, as he became a great success in his chosen field. Well, we all do the best we can with what we have, and I will not quit either. Besides, "irritating the establishment" is too much fun.

My last blog entry, written just before my 6oth birthday asked for small donations and volunteers to help with my campaign efforts. The response was disappointing, to say the least. Please, if you have not read that one, go back and do it now. And if you have, do it again, and this time do something, however small, to protect your freedom. There is so much to be done; and it really does bring satisfaction to know you have done your part.

I recently made a five minute presentation of my views on Valley Television, at Salt Lake Community College. That will shortly be available on their website and on YouTube. Yesterday, I spoke at a rally to end Marijuana prohibition, and that will also shortly be available on YouTube. I did not speak as a user, as I have never tried it (or cigarettes or alcohol or coffee) but as one who thinks it is just plain stupid to jail people for doing something the government thinks will harm them. Jail will harm them too, and it cost us so much money! The number of people in jail or prison in this country is a national embarrassment. If you agree with my views, please pass this blog, and those videos, along to your Utah friends. We will never have enough money to compete with the current Attorney General; but a few people who will help get out the word really can help us make a difference.

Last night I commented on an article in the Tribune about the big expensive campaign of the current Attorney General, and the fact that he currently has a "crushing lead" on his Democratic opponent. I referred to her as "a sacrificial lamb", and today noticed that I got negative marks for this from some of her supporters. I want to make it clear that I have nothing against the Democratic candidate in this race; but the fact is that she is not competitive, and is not likely to be competitive. The Democrats have not committed adequate resources to her campaign, because they know this. Perhaps it is a question of "the chicken or the egg". Whether putting a lot of money into her race would help is unknown; but right now, she is going nowhere. I point this out only because it becomes all the more important that I be heard, and that a real alternative is given to the voters. And it cannot be said that votes for me are any more "wasted" than votes for her. So, if you believe in more freedom, smaller government and lower taxes, do what you can to help me heard. Media advertising will start shortly. But it will always be important to just have many friends passing the message on through yard signs, bumper stickers, word of mouth and the Internet. Do something today. You will feel better, and more free!

My sixtieth -- Help get me started

2008-07-03T18:28:00.000-07:00

July 3, 2008 -- Well, I have spent the last 8 years celebrating my birthday on the same day as the President -- I am two years younger; and this will be the last time (thank goodness). I turn 60 on Sunday. Help me celebrate by sending a small contribution to my campaign. See my website at www.andy4ag.com and use PayPal. It is really easy, and even five or ten dollars will help. It would be a wonderful birthday present to see a surge in online contributions. Do it now.

And it is time to get to work on many projects to help out. If you will just make a habit of reading this blog, and forwarding it to one or two friends, that would be a help. We got a shipment in of yard signs this week. Drop by my office and take a few for your yard, and a few other strategic places. And, if you live outside the Wasatch front, I need a few people to take some and help me distribute them in other areas of the state. I have people in St. George and in Moab who have agreed to distribute them; but I need somebody to take them to these places, so they can.

Please join my MySpace group and ask your other Utah friends to add me as well. See my MySpace address at the top of my blog. And get some voter registration forms. They can be obtained from your county clerk, from me, or they can be downloaded and printed out from my website, or your county clerk's site. Then get some friends to register to vote. We know the Republicans vote. It is our patriotic duty to vote also.

Also, see my campaign store on my website, and buy something with my logo on it. I have one cute female friend who did so, and already has signed up several new voters and spread my name to many others who do not know me, just by wearing it. And if you are willing, send me a photo of yourself wearing it for my photo section.

Yes, we need money to be heard; and I need to get 5% in a poll in order to get invited to the televised debates. But there are many things you can do that do not cost money. If you agree with me on the need to offer a real alternative, find something to do and start doing it.

The tough life of a Libertarian

2008-06-26T13:17:00.000-07:00

June 26, 2008 -- As I have mentioned before, I am now Chair of the Libertarian Party of Utah. Mostly, because nobody else wanted to do the job. It brings with it many frustrations, and today I am going to write about one in particular, because today this frustration is really gnawing at me.

Political Action Committees (PACs) are orgainizations of like-minded people who get together and support candidates with contibutions and help. One of the most active in Utah is that of Equality Utah. A couple of weeks ago, they interviewed many candidates for possible endorsements, contributions and support. Several years ago, I wrote them a letter, when I recieved the invitation to their annual fund raising dinner. I asked if they conceivably would ever support a Libertarian. they were kind enough to reply that it wasn't likely, because they like to back people who might actually win. Needless to say, I did not go to their dinner. Four years ago, however, in my previous campaign for Attorney General, I interviewed with them, and, while they did not formally endorse me, they made a $500 contribution to my campaign. I was thirilled, because in my mind they had "broken the boycott", and given money because I am a good candidate, no matter what party I represent.

So, this year, I went to my intrerview again, and of course I answered the questions the right way. After all, my politics are very much in their favor. I fully support equality; and I am the rare candidate who will say so without reservation. Today I received a call saying that they had decided to use their limited resources in support of another candidate. Actually, I AM disappointed, and a little depressed. I am doing my best to run a credible campaign, and to gather enough resuorces to make my alternative viewpoint heard. After the hopes of four years ago, it is a real letdown. Obviously, they are entitled to do what they think is best for their cause; and I wish them well. They did indicate that their website will give me a favorable rating(maybe not, after they read this), and that they hope individual members may support me. I hope so too, as I believe it is very important to have a real choice in politics. In this race, I am that real choice, as I have staked out positions very different from my opponents. And, of course, I maintain that I have at least as good a chance as the other challenger, who is suffering from low polling numbers and low resources.

So, here is my hope. If you are someone who supports Equality Utah, and you also support me as a real alternative to the current legal establishment, please write me a check today for $100 (I also have PayPal), which is the price of a ticket to the Equality Utah dinner. Please include a note saying that you are an Equality Utah supporter; and please send them a note telling them that you may not make it to the dinner this year, as you have made your contribution directly to the best candidate for Attorney General. If I get just FIVE of you to do this, I will come out even, I will feel much better about life, and I promise I will use the money to rock the boat and to preach freedom.

And PLEASE forward this to others who may support Equality Utah. I need your help to get the word out, more than anything. See my website at http://www.andy4ag.com/ for instructions on how to donate. And watch this space for news of a pending endorsement from another very important civil liberties organization.

The Utah Attorney General

2008-06-21T21:56:00.000-07:00

June 21, 2008

First, I am sad to hear that my opponent for Utah Attorney General, Mr. Shurtleff, has just had a sixth round of surgery to repair the fractured leg suffered last fall in a motorcycle accident. I do hope he gets well quick, and that we can can on with our debates and policy disagreements in good spirits.

That said, I am once again sad and frustrated by his office, and once again I am reminded why I am running for this office and why I would like to contribute to the incumbent's defeat in November. Several years ago, a good friend of mine was treated very badly by a UHP officer, who turned her slight speech impediment into evidence of drug impairment while driving, culminating in a strip search in an effort to find the drugs. When we tried to get compensation for this outrageous conduct, the Attorney General's office let us know right away that they had more money, more manpower, and more resources, and would grind us into dust. We did get a small settlement after a trial and two appeals; but my friend and client was mistreated by the system a second time, making it all the worse. Today I have been working on a case where it is clear to me that an Innocent man was imprisoned for several years. Once again, the state's attorneys will do everything possible to avoid him being compensated for his injuries. When an innocent man is treated as poorly by the system as this man is being treated, the Attorney General's office should be attempting to seek justice, not just win. Should I win the office I seek, the Attorney General will not represent solely the state bureaucrats; but will attempt to balance the real interests of the people of this State. More on this case is coming; and in the meantime I ask your help to get my message out that government can be kinder and gentler to its citizens. Justice should be the goal, and not an increase of State power.

Habeas Corpus in Guantanamo

2008-06-14T20:18:00.000-07:00

June 14, 2008 -- This week the U.S. Supreme Court ruled that prisoners held at the naval base in Guantanamo Bay, Cuba, have the right to challenge the legality of their confinement in federal courts. The very reason that the prison was set up outside the country was due to an effort by the administratation to avoid access to U.S. courts. That now having been invalidated, it is likely the prisoners will be transferred to the U.S., and the prison there will be closed. The government has claimed that prisoners of war have never been given access to civilian courts. But unlike previous wars, this one is not against any recognizeable foe; and unlike other wars, it may well never end. Keeping prisoners the rest of their lives without proving that they have done something wrong is against everything our country stands for. This hopefully closes a dirty little chapter in the history of U.S. justice. Sean Hannity, in Thursday's radio broadcast, labeled the majority "five radical Supreme Court Justices", and said they were "trying to run the country". He looks past the fact that three of the five in the majority are Republican appointees.

President Bush and his political advisors have milked fear for every drop of political advantage, over the last several years. They have justified taking away civil liberties, torturing prisoners, and increased government secrecy as necessary to protect the citizens from all kinds of fanciful threats. Finally, the pendulum may be swinging against them. It is sad that I am more afraid of my government than I am of foreign terrorists.

Are you afraid too of what our country has become? Join my efforts to take back what is ours. See my website and previous blogs for ideas on how to get involved.

Gay marriage and more

2008-05-30T20:44:00.000-07:00

May 30, 2008

Today's Deseret News reports that our current Attorney General filed a brief with the Calfornia Supreme Court yesterday, in conjunction with several other state attorneys general, asking the Court to delay implementation of its ruling until after the November election, so that voters will have a chance to overturn the ruling. The California Attorney General, who recently argued against the legalization, has asked the Court NOT to delay its ruling. What business does the Utah Attorney General have in getting involved in this? In 2006, the Equality Utah political action committee gave Mr. Shurtleff an award for his efforts to fight discrimination -- apparently because he is at least a bit more enlightened than most of his Republican colleagues. If they really thought he believed in equal rights, he has now made it clear that they were wrong.

Also today, Mr. Shurtleff announced that the court ruling in Texas has made him "even more determined" to fight abuse in the polygamous community in Utah. See yesterday's blog for my thoughts on the ruling. For today, let me just say that we are ALL against child abuse wherever it occurs. Some of us, however, are also against the abuse of State power to advance a political agenda.

FLDS ruling

2008-05-29T19:07:00.001-07:00

May 29, 2008

Today the Texas Supreme Court affirmed the Third District Court of Appeals that the wholesale removal of over 4oo children from their homes over fear of a strange brand of polygamy in their community was unlawful. That ruling was absolutely correct, no matter what you think of the FLDS Church and their leader, who is now in jail for assisting in a rape (See my previous blog entries for my feelings on that). It is great to see that misuse of State power can be reined in through determined use of the judicial system.

I am particularly proud of the fact that the ACLU national office and the ACLU of Texas filed a substantial Amicus Curiae ("friend of the court") brief in support of the rights of the parents. And, because of the very short time to file it, they worked all night. Our Utah ACLU has links to the ACLU brief and the court decision on its website at www.acluutah.org Hopefully, that will answer those of you who have asked me lately where the ACLU is in that case. They were present, and they answered the call. As an attorney who practices sometimes (I try not do do it much anymore) in Juvenile Court, I know as well as anyone that the State (whether it is Utah, Texas or whatever) will OFTEN abuse its power in intefering with a family, based on rumors and unproved allegations. We must continue to fight for individual rights against this power. And, at least sometimes, we will win in the end. Thanks to the ACLU of Texas and all those who fought and won this time.

Bob Barr for President

2008-05-25T21:14:00.000-07:00

May 25, 2008

I just returned from the Libertarian National convention at which we nominated former Republican Conressman Bob Barr for President. I voted for him because I think that he will bring a lot of new people to the party, and that our votes for President will grow substantially. In order to support me for Attorney General, you certainly do not need to become a party member or vote for Bob Barr; but the party is going to exert more influence this year than ever before; and it will have an effect on the presidential race. Good luck to Congressman Barr. For more information on him and his candidacy, see http://www.lp.org/ and www.BobBarr2008.com

I look forward to a great election year. Let's all do what we can to get the government out of our private lives. More soon.

Libertarian NationalConvention

2008-05-23T11:06:00.000-07:00

May 23, 2008

I am sitting at the Libertarian National Convention, listening to the debate on bylaws. I will file a couple more blolgs overt the naest few days, so stay tuned in. I did want to briefly comment on the decision of the Texas Court of Appeals overruling the courts who took control over the hundreds of children of the FLDS Church. Today the Texas child welfare authorities will appeal to the Texas Supreme Court. This really needs to stop. It would seem to be obvious that the State of Texas went way overboard in its reaction to a hoax call about abuse. While our present attorney general says that would not happen in Utah, he seems to support the general idea of the raid on the ranch. And his Democratic opponent says his own efforts to fight polygamy in Utah are not enough.

The simple fact is that, in Utah as well as Texas, the state interferes with parental rights too often, to fast and too hard. While everyone wants to protect helpless children from harm, State interference with families has grown exponentially in my lifetime. It really is time that we step back and find ways to help families who need help without the use of force on the part of the State in so mahny situations. More on this in the context of Texas, and in the context of our own State actions, soon.

More on campaign contributions

2008-05-10T13:55:00.000-07:00

May 10, 2008

Today are the State conventions for both the Republican and Democratic parties. This week, their candidates had to file their financial reports for the first part of this year. The difference between the reports from the current Attorney General and his Democratic challenger are startling. HIs contributions are mostly from businesses, and many are quite large. Hers are mostly from individuals, and are mostly quite small. I am a lot closer to her than she is to him. I just had this wonderful thought: I could beat this Democrat, both in contributions and votes, if I really put my efforts into it. Why not help me do just that? What a coup! We all know that I would make a good Attorney General; but many people think the fight is hopeless, so why bother? Take a look at the contribution reports on the Lt. Governor's website, and tell me what is and is not possible. Then, see my official website at www.andy4ag.com and make a contribution. Help me really rock the boat! What fun we will have!

In Memorium -- Mildred Loving, and more

2008-05-05T18:29:00.000-07:00

May 5, 2008

It is a name known mostly by those who have studied constitutional law. Mildred Loving, a black woman from Virginia, passed away earlier today at the age of 68. She married her longtime white boyfriend in Washington, DC in 1957. At the time, she didn't really realize that such a marriage was illegal in Virginia. But, when she went back home, she found out, as she was arrested shortly thereafter. She and her husband agreed to leave Virginia and live in Washington for a period of time. Then she contacted the ACLU and told them she wanted to go home without fear of arrest. She later said she didn't want to be a hero, just a bride, and said "We are not marrying the state. The law should allow a person to marry anyone he wants." To some degree, the landmark Supreme Court case of Loving v. Virginia held just that. but we all know the battle is far from over. The fight to keep the State out of our bedrooms goes on; but because of Mrs. Loving, one step has been taken. For all those of us who believe there is a part of our lives beyond the control of the State, we say "thanks".

On another subject, this morning's Deseret News reports that a majority of Utahns side with our present attorney general, who says that the public's right to be safe is more important than giving a person who is listed on the State's sex offender registry a chance to be delisted. Mr. Shurtleff, why do you fear Due Process of Law? Why not allow a person to go to court eventually to show that he is not a threat to society, and have himself removed from this hideous list? If the Court deems him still a threat, he stays. but if he is not, why should he be there?

The problem is that the listing requriements keep getting more severe. A person who entered a guilty plea years ago thinking he would not be listed, or thinking he would be delisted in ten years, now finds that the legislature has increased his listing requirement to lifetime. Where is the fairness in that? What is the harm in allowing him to challenge it, and show that it is not proper in his particular case? The current attorney general claims he is just protecting children. But, from what? Why have we allowed ourselves as a nation and a society to be governed by fear? Mr. Bush has transformed our nation into one afraid of everything and everybody. Do you really want to live in fear all your life? Do you truly feel safer this way? I don't; and I only ask that common sense prevail. Those who are dangerous can be labeled so. Those who are not deserve the chance to prove it. That, really, is the American way.

Latest on FLDS controversy

2008-04-29T19:24:00.000-07:00

April 29, 2008

I have been asked a number of times why, if I don't want to be a Republican, I don't choose the other "major party", the Democrats. Frankly, I would probably rather have a Democrat in the White House than another Republican disaster, like the one who is there now. But I am not a Democrat, because they favor too much government interference into our lives, much like the Republicans do.

Today's newspapers reported that Senator Harry Reid, the Senate Majority Leader, has railed against the State of Utah for not being more aggressive with our southern Utah "polygs". He says he is a "cheerleader" for the overreaction of Texas authorities, and thinks it is time for the Federal government to get involved if Utah won't do more. Our current Utah Attorney General fired back that he has done a lot, and boasted of putting Warren Jeffs in prison for rape. Once again, the "major parties" are trying to outdo each other by being more aggressive at eroding our civil liberties. Shame on them both! Both men are active members of the Church of Jesus Christ of Latter-day Saints (LDS); and neither appear to be familiar with the history of their own church. The LDS Church came close to being totally wiped out by the fervor of Federal government agents trying to fight LDS polygamy in the late 1800's. The charges that were leveled against church leaders were as exaggerated and fanciful as some of those being leveled now.

Let me make it clear yet again that I do not condone child abuse or welfare fraud, or any of the other numerous possible violations by this group. But I do condone their freedom of religion and their right to Due Process of Law. The overreaction of the Texas authorities is to be protested, not cheered. And those who are cheerleaders for this can be counted on to push aside our constitutional rights the next time there is a "crisis".

Had enough? There is a choice, and now is the time to make it.

campaign contributions

2008-04-26T18:35:00.000-07:00

April 26, 2008

Today's Salt Lake Tribune reported that last year our current Attorney General received $1.4 MILLION in campaign contributions. He has so much money, that the Tribune reported earlier this week that his campaign committee was the single largest contributor to the campaign of Senator Curtis Bramble, who today avoided a Republican Primary by obtaining 67% of the vote at the Utah County Republican Convention. Much of this came from corporations; and several of them did not report those contributions, as required by law. Who enforces this law? The Attorney General, of course; but does he? Not so far. He and the Lt. Governor's election office each seem to be saying it is the other guy's problem. Wow, and with that kind of money the Democratic candidate thinks she has a chance? Why not support real change, and at least make some waves?

So, here is what you do: You too can avoid campaign reporting of any kind by writing me a check of up to $50 today. (Any more, and I will have to report it, though you will not -- unless you are a big corporation). See my website at www.andy4ag.com for instructions. And then get a friend or two to do the same. Can I match the stacks of money given to the current Attorney General? Of course not, but we can yet put a little spark into this campaign. Right now it looks like the Republican steamroller is out to flatten everyone. Want to put a monkey wrench into the gears? You can; and it is easy and cheap.

What a day!

2008-04-19T19:43:00.000-07:00

April 19, 2008

Today the Utah Libertarian Party held its convention to choose both candiates for public office , and also party officers. Yes, I was nominated to run for Attorney Gnereral, so now it is official. I will do my best to change the tone of the debate, and to give the electorate a real choice between pholosophies of government. While the other two candidates will disagree about policies, and will tout their abilitites to efficiently run a large "law firm", doing the State's legal business, they will agree on most things. They will agree that the State should spend your money trying to increase the already bulging jail and prison populations. They will not acknowledge that we hold too many prisoners; and the financial and social costs are just too high. They may have some slight differences on their approach to "protecting children"; but they will both tell you that the kind of mass interference with families recently seen in Texas is probably necessary, and in the "best interests" of the children. They will tell you that the State must tolerate law enforcement officers who stretch thier authority to "get the bad guys"; they will tell you that the State has a legitimate interest in helping you decide for yourself what you can read and view in the privacy of your own home; and they will tell you that if the govenment "sneaks and peaks" into people's homes, they are only doing it to protect you and me from those same bad guys, who are just about everywhere.

Thankfully, there is another point of view -- that we can be both safe and free; and that we can reduce the terrible costs of law enforcement without sacrificing public safety. Please consider helping me spread this message.

Oh, and one additional thing. I was also elected State Chair of the Libertarian Party today, for the next year. Mostly, I think, because nobody else wanted it. And yes, "Super Dell" Schanze is our candidate for governor. Give him a chance, he grows on you. And watch for an exciting Libertarian candidate for President as well. More on that soon.

Please see my werbsite at www.andrewmccullough.org to help out my campaign.
Please see the party website (soon to be revamped and made easier to use) at www.lputah.org

More on polygamy controversy

2008-04-12T18:06:00.000-07:00

April 12, 2008 -- Since my last blog entry only four days ago, the ongoing controversy over the raids on the Texas ranch owned by the FLDS Church has spilled over into Utah politics. The Deseret Morning News reported on April 10 that the current Utah Attorney General had obtained 80 search warrants in 2006 to search for DNA evidence of incest in the Kingston group of polygamists, but backed off long enough so those who were at risk disappeared.

The Salt Lake Tribune today reported on a debate yesterday between Congressman Cannon and his Republican opponents, in which polygamy was discussed. While Cannon is concerned that Texas authorities went too far in their recent raids, by taking into custody over 400 children, (duh!), his main opponent, David Leavitt says that polygamists must be diligently prosecuted. He is the one who, as Juab County Attorney, prosecuted Tom Green, and put him in prison for having several wives. He was promptly defeated for reelection. Rather than hearing the message, he is now bringing his crusade to the congressional race. He says this must be done to defend the institution of marriage against those who would use any leniency to promote gay marriage. Well, if there is any doubt that there is a strong current in Utah for instituting a theocracy, this should help erode that doubt. Our current Attorney General actually received an award from the Equality Utah political action committee for bucking his party's anti-gay bias, and defending the basic dignity of gay people. But, he only stands out as a moderate within his very socially conservative party, and is still socially to the right of those who think the government has no business in our bedrooms.

The Tribune story on the congressional debate reminds us that there are very strong oppressive forces in the majority party, bent on eliminating any signs of tolerance of those who don't quite fit into with the "family values" movement. Once again, those of us who insist on the right to live our lives as we choose, are under seige. If you haven't yet decided to make your own voice be heard, the time is running out. This election year gives us a great chance to be heard. If you wait until after the election, it will be too late.

Child welfare

2008-04-08T21:04:00.000-07:00

Today an old friend called me out of concern, after the Utah Division of Child and Family Services (DCFS) came to visit her. They were investigating a complaint of possible child abuse. I do not think they will find any evidence of such a thing there. But this incident, and perhaps even more, the drama that is unfolding among the FLDS community in Texas, prompts me to write about my own concerns of State involvement in the family. After many years of practicing law, it has become very apparent to me that the State (and not just Utah) is a little "trigger happy" about intervening in family matters, and removing children from the home. The headline in today's Salt Lake Tribune tells us that over 400 people have been removed from the FLDS community in Texas. And the subheading, quotes a State official that, while the removals are traumatic for the children, this is "in their best interest". Some of the stories of child abuse coming from this community would cause anyone concern. But the State of Texas has come in with SWAT teams, and hordes of police; and they have brought ambulances in anticipation of having to resort to violence to get into the FLDS Temple, and other sacred buildings. I am not any happier than anyone else about claims of child abuse; but my own experience has tausght me that State inteference with the family is its own form of child abuse.

Many of us remember the massive legal fight that the Utah Attorney General's offce had a few years ago over their move to take a young boy from his fmaily in order to forcibly medicate him. The family resisted, he was not forced to undergo the tratment, and he is doing fine. Our current Attorney General, in his candidate statement on the Salt Lake Tribune Politics webpage touts his efforts to protect children, and asks for four more years to do so. Unfortunately, those efforts sometimes include unfair and inappropriate interference with families. If you want the government to spend less time spying on you and interfering with your family, let's not give him four more years.

More news coverage

2008-04-07T11:20:00.000-07:00

This morning another article was published on my candidacy by a website which features news on State attorneys general. Not too bad, I think. Read it and forward it to your friends. Have been very busy lately, but will take time to write a more lengthy blog entry sometime this week. The establishment is up to no good as usual, and lots to say.

Andy

http://www.legalnewsline.com/news/210434-libertarian-ag-candidate-in-race-to-pull-pillars-out-from-utah-establishment

Deseret News article

2008-03-23T23:32:00.000-07:00

March 24, 2008

Over the weekend the Deseret News published an article about my candidacy for Utah Attorney General. Please share it with your e-mail lists.

Here is the link. Thanks

http://deseretnews.com/article/1%2C5143%2C695263374%2C00.html

How dare they?

2008-03-11T20:07:00.000-07:00

March 11, 2008

Published a short blog only a couple of days ago, but it is a big week for news. President Bush just vetoed a bill to ban waterboarding as torture. Senator McCain, who in the past has fought the President on torture issues, agreed with the President that the government should not tie the hands of the CIA in this way. Outrageous! There simply is no merit to the argument that we may need to waterborad someone in order to stop a ticking bomb from going off. That is just an excuse to violate our own constitution and the Geneva Conventions. Time to stop this nonsense and get new leadership. And John McCain is not qualified. He will stay in Iraq 100 years, if necessary, he says. And he supports Bush's efforts to pack the Federal Courts with those who are willing to ignore the Bill of Rights to give government more power. No more.

I cannot help but comment on the predicament of Governor Elliot Spitzer of New York, who was caught paying for high price hookers. One would think that high ranking politicians would know better, but it keeps happening. And the Republicans in the New York legislature are threatening impeachment! Why have they not moved to remove the Republican Senators from Louisiana ( whose name appeared last year on a list of call girl customers in Washington, DC) and Idaho (you all know what he did)? I previously called on Senator Craig to admit what and who he is, and join the Libertarian Party. I now call on Governor Spitzer to do the same. We do not care who they have sex with, or how they pay for it (unless they use government or stolen money). But the hypocricy is unberable. How dare these guys claim to be such examples of purity and virtue. And how dare the Republicans in the New York legislature claim that Spitzer is worse than their own, who remain unpunished! Let us legalize private relationships, and stop the con games.

And lastly, the State of Utah has agreed to pay the sum of $40,000 to settle a lawsuit brought by a motorist who was tased by a UHP trooper, apparently for not being compliant enough when stopped for a speeding ticket. The incident was posted on YouTube, and created considerable discussion as to the propriety of the use of such force. It appeared to me that the troopper was out of control, and on the verge of hysteria. Others thought differently, of course. But, despite the payment to the motorist, the trooper was not disciplined in any way. I would suggest that he be given a desk job where he cannot threaten others, and that he be ordered to pay a portion of the settlement out of his own pocket. Otherwise, it will likely happen again. What a waste of taxpayer funds.

The revolution is here!

2008-03-09T18:15:00.000-07:00

March 9, 2008

Well, friends, I filed my candidacy on Friday for the Libertarian nomination for Utah Attorney General. No surprise to those who know me. Now, however, is the time to join the fight. Tell your friends. Get involved. Make a small contribution. Get your friends registered to vote.

End the war on drugs. Repeal the Patriot Act. Support free speech. Reduce the government's power to intrude on our private lives. There is so much to do.

I have a new Myspace page. Add me as your friend there. www.myspace.com/andy4utahag
Let's stick it to the man!

Watch this space. Lots more to come!

Americans incarcerated

2008-03-01T12:24:00.000-08:00

March 1, 2008

Over the last few days, the news media has widely reported that: "For the first time in U.S. history more than one in 100 American adults are behind bars" (Salt Lake Tribune, 2/28/08). According to BBC news, this is the highest percentage among world democracies. The cost is high, not only in what it takes to lock people up, but in broken families and lost production. Former Federal Judge Paul Cassell is quoted in the Tribune as saying the cost is not as high as it seems, as it is mitigated by lower crime rates. How many Americans would former Judge Cassell incarcerate to further lower the crime rate? If were all locked up, the crime rate would be close to zero, but who would pay for the jails?

The high rate of incarceration in this country comes from a number of things. Federal crimes in particular are punishable by incarceration for such long periods of time, that it has no rational connection with the crime charged. And then there is the war on drugs, which puts people in jail who have done nothing other than use or possess substances that the government thinks are bad for them. The government does not seem to think that prison is bad for them too. The jails and prisons are full. Shall we build more indefinitely, or will we wake up and reform our justice system to avoid incarceration which does not make sense?

The present Utah Attorney General, charged with coordinating the State's law enforcement, and I fundamentally disagree on the need to jail or imprison so many people. If you support him in the upcoming election, you will do so out of fear -- fear which I think does not bear a real connection to society's needs. If you support me, you will be doing so in the hope that more freedom will make society better. The choice, and the cost, is yours.

Today's City Weekly

2008-02-27T20:17:00.000-08:00

February 27, 2008

Today's City Weekly has a lead story about a weird personal feud between our current Attorney General and a rather unusual young lady who is accused of harrassing his assistants by e-mail. The frightening thing about the article is the report that the Attorney General's office has used Homeland Security summonses, which avoid judicial scrutiny and are designed to be used to protect the country from terrorists, to get this young lady's personal information. In order to use these summonses, CW reports that allegations of immigration and customs violations, and child pornography were made. These secret summonses bear the warning that they may not be discussed with others, and that this will be enforced in Federal Court. At this point, I only know what I read. On the surface of it, it appears to be abuse of process and the power of the State of Utah. Read it for yourself, and see what you think.

Don't like what you see? Join me in my efforts to change things and "throw the rascals out." the time is almost here.

Political updates

2008-02-14T21:27:00.000-08:00

February 14, 2007

First, let me thank those who helped our Libertarian Party regain its ballot status. We have been informed by the Elections Office that we will be ballot qualified this year. In order to stay qualified, we will need to poll 2% of the statewide vote by one of our candidates. This should present no particular problem, as it is my intention to run (one more time) for Utah Attorney General; and to put in the most effort I can afford, both financially and time-wise. If you are interested in helping, please let me know, and see my website at http://www.andrewmccullough.org/ for instructions on making contributions.

And speaking of contributions, the Libertarian Pary will not be receiving tax checkoff money this year, which will be a drain on our limited funds. When you do your tax returns, please consider a small donation to the Party to help us make up for the lack of tax funds. Every $5.00 or $10.00 will help a lot.

Ok, on to political issues. despite a 90% vote for him in the Republican primary in Utah, Mitt Romney will not be the Republican nominee for President this year. And the presumptive nominee, John McCain seems to be drifting rightward to keep his party's "base". After being the champion of efforts to make sure the U.S. does not torture prisoners, he voted against the bill this week to outlaw "waterboarding". Shame on him. President Bush will likely veto the bill, out of his misguided belief that we will be protecting our country by using degrading methods to try and wring information from prisoners.

And, despite pleas from the leadership of the Church of Jesus Christ of Latter-Day Saints, our Republican legislature seems bent on taking out their frustrations on so-called "illegals" by eliminating in-state tuition at colleges, and their driver privilege cards. Both efforts are mean-spirited and will do nothing to help either our security or our economy.

A couple of weeks ago I sent a message to an e-mail list of libertarain leaning people about our ballot petition. One gentleman, with a BYU e-mail address, wrote back suggesting that we all join the Republican Party and try and reform it from within, much as he says Rep. Ron Paul has been doing. No thanks. My old party has been taken over by people who claim to be Christians, but have no Christian charity. The party which has claimed to be for smaller government and more freedom spends much of its energy now tryjng to make people live up to their expectations for moral behavior. I prefer not surrender my freedoms for the illusion of safety.

Join the revolution, and protect our freedom. Pass on the message to your friends. You have nothing to lose but your chains!

My new MySpace page

2008-01-20T18:29:00.000-08:00

January 20, 2008

I have started a new MySpace page for my political campaign. Those who would like to add me as a friend there, please do. www.myspace.com/andy4utahag
See you there.

The "current attorney general"

2008-01-18T14:43:00.000-08:00

January 18, 2008

Today I received a forward of a comment which appeared on the website of http://www.utahpolicy.com/
ranking our current Utah Attorney General as one of the "safest" in the country, as far as re-election goes:

"Two-term Utah Attorney Genral Mark Shurtleff (R) has ruffled feathers, especially among conservatives, by backing hate crimes legislation, opposing an anti-gay-marriage amendment and, most explosively, prosecuting splinter sects that practice polygamist-arranged marriages with underage girls, a crusade that led to death threats. But many voters respect his prosecutions, and Democrats acknowledge that his seat is not a target."

There are some areas where the current Attorney General and I agree, but he does not understand the Bill of Rights as written into both our national and State Constitutions. Frankly, I would be thrilled if the Democrats do not even put up a "secrifical lamb"against him this year. A race between just him and me would be great fun, emphasizing our massive differences on such things as the Patriot Act, the "war on drugs", and First Amendment freedoms. But, of course, I need lots of support to make it fun. If you haven't downloaded a Libertarian Party ballot petition, pease do so now. If you can send a monetary contribution (up to $50 remains between us), please consider that as well. Let us use this opportunity to really make a statement for freedom. And let's make him feel a little less safe!

More soon.

Some short thoughts

2008-01-07T23:05:00.000-08:00

January 8, 2008

First, thanks to those who have sent in Libertarian Party organizing petitions, most notably Ms. Smith, Ms. Smith and Ms. Smith (who I do not think know each other). For those who have not, there is still time, and we still need your help. Please see recent blogs, for more information. And as tax season gets underway, please note that the Libertarian Pary will not qualify for state checkoff money this year. So, please consider sending the money to the party on your own -- every $2.00 (or $5 or $10) will help us stay on the ballot next year.

Today is the New Hampshire primary for the "major" parties. Any who are interested in politics have found the Iowa results, and the upcomong results from New Hampshire, interesting. It looks like previously favored candidates are not doing as well as expected. For me, that is a relief, as neither Mitt nor Hillary excite me much. In fact, I am particularly turned off by Mr. Romney, who seems utterly consumed by ambition, and prone to mean spiritedness, as he begins to get worried. While the LDS Church (of which I am a member, though not active) is scrupulously neutral itself, its flagship radio station has been campaigning for Mitt almost non-stop for the last few weeks. Mitt, who has a record of some social liberalism, is banking hard to the right and becoming an agent of intolerance. Help me and others who want to send a message that intolerance is not acceptable, to do so. Sign a petition, send a small contribution, pass this blog on to a friend, and find someone else to vote for in our Utah primary, coming soon.

I am headed tonight to a convention in Las Vegas. Will be back on Friday. Watch this space for more comments on the developing political situation then.

Merry Christmas and more

2007-12-25T14:37:00.000-08:00

December 25, 2005

Merry Christmas to those who actually read this blog. And a double Merry Christmas to those few who may have printed out a Libertarian petition and are working on getting a few signatures to get us on the ballot; and for those who have forwarded my blog on petitioning to friends. For those who have not, there is still time to help; and it would be a great present for those who are working to preserve freedom in Utah.

OK, on to the more serious business. A few weeks ago, many of us were shocked to see a UHP officer apparently becoming hysterical over a motorist who questioned his speeding ticket, and using his Taser when he should have used reason. Naturally, his superiors supported him in his decision. The very day of that decision by the UHP, I sat in a courtroom and listened to a bunch of macho police officers laugh and joke about what they would do with anyone who questioned their authority. I was, to say the least disturbed that they have not been taught decency in the use of police power.

This week, in Minneapolis, we narrowly missed a real tragedy when a bunch of police officers burst into a home without warning or identification, scaring the family inside half to death. The father of 6 children fired a warning shot before engaging the unidentified housebreakers in a firefight. Amazingly, despite three blasts from his shotgun, and 22 bulletes fired in return, nobody was injured. Seems the officers were serving a search warrant and got the wrong house (again). When homeowners have sued for such home invasions, courts have usually called it an honest mistake -- even when people have been killed.

It seems to me that there are just too many such mistakes without anybody being disciplined. And just maybe there are too many "no knock" warrants served under circumstances where somebody may get killed. I realize there are situations where this has to be done. But extreme care must be taken to avoid near tragedies like this. And when a mistake is made, somebody must be disciplined. That likelhoood will make them be more careful. And on this sacred day, let us thank God that there was no tragedy this time. If you want to increase the chances for avoiding it next time. help us get on the ballot and bring restraint to law enforcement. "The stakes are too high to stay at home."

And today the news reports that the recently graduated class at the Idaho Police Academy chose as its motto: "Don't suffer from PTSD [post traumatic stress disorder]. Go out and cause it." Doesn't that just warm your heart? I sure hope the New Year brings us something better; and it will if we fight for it!

Another word about petitions

2007-12-18T17:40:00.000-08:00

For those who are tired of this subject, help us get the few hundred signatures we need over the next couple of months, and you will never hear about it again.

Several people have asked about the language of the petitions which seems to commit the signer to become a party member. There is no such commitment. If you sign, we will not contact you further, as a result of the signature; and the state will not consider you a party member. We got the signatures of a number of members of the Young Democrat Club in Salt Lake City; and I assure you they are still Democrats. (Thanks, guys!) If you want to be a Republican so you can vote for Ron Paul in the upcoming Republican Primary, feel free to do so. Some people will register as Republicans simply to vote for him, but do not really want to become Republicans; and some will switch registrations again as soon as the primary is over. The law allows that, as it also allows people to be Libertarians only for so long as it takes to sign the petition. I intend to vote in the Democratic Primary, simply because they will allow me to do so and not register as a Democrat. Will that make me a Democrat? Only for the time it takes to vote in the primary.

Membership in the Libertarian Party is by payment of dues and/or signing of our party pledge. You can find out more at http://www.lputah.org/ But this is not a request to join our party, just to help us get on the ballot, so we will all have a choice. And I will likely run forUtah Attorney General and give voters a very real choice between those who want to put everyone in jail, and those who believe in personal freedom. The effort required to sign this petition is so small; and NO commitment beyond that is required. So, do it now! Scroll down to previous blog entries to see how. And pass it on to your friends.

Thanks a lot.