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Letter America Dear Southwest Airlines, I’m writing to complain about the unfair way I was treated on a recent flight from San Francisco to Phoenix. ... More

May 20, 2013 By Robert Wilder Comments 5
 
 
 

 

 
OLD 12.27.2012 0 Comments

Emailgate: Paul Kennedy's 'two cents,' 'Jay is an ASS!!!!' and 'Loving Sex'

This batch of emails, obtained in a records request from AG Gary King, occurred in September 2011.

By Joey Peters
rogers+email

 Last month, SFR received hundreds of private emails from governor's office staffers after a public records request we made to the state attorney general's office.

Updated Dec. 28: We've now posted most of them online, with the exception of some form emails (such as press releases) that came to us in a complicated file. Since the September 2011 emails from the Susana2010.com addresses weren't posted for several days after our story came out, here is a greatest hits from the pile of emails we received that occurred that month:

—September 9: A funny exchange between Governor's Office Chief of Staff Keith Gardner and NM State Tourism Secretary Monique Jacobson:

KG: The Governor asked me to remind you that this is the Governor's office and we must act professionally. Numerous legislators commented to her today about the raised voices. Please don't let that happen again. Thank you.

MJ: Please send my apologies on.  It won't happen again. -Monique

KG: Jay is an ASS!!!!!!!!!!!  He was on my computer and sent this.  I wondered why your texts stopped. Keith

MJ: Well in that case I should have sent the first three emails I wrote and then deleted! :) Of all people Jay would have liked my inappropriate ruthless behavior even more than you two. I really will be more calm in the future. -MJ

Presumably "Jay" is a reference to Gov. Susana Martinez' top political adviser Jay McCleskey. 

—September 10: A year before Martinez appointed him to the state Supreme Court, private lawyer Paul Kennedy sends Hernandez some advice (on her Susana2010.com account) about who he thinks Martinez should appoint judge in the 2nd District:

Jessica: Can I add my 2 cents on these?

Sam Winder-R: I would defer to Greg Fouratt’s  opinion. He knows Sam far better than I do. I think he’s pretty close to Ryan C.

Kim Middlebrooks-R (now): Nice enough lady. However a big financial contributor to Brian Colon. The Governor would probably want to know that.

Brett Loveless-R: Very nice guy. Competent and experienced career prosecutor. Nice family. Not politically active. No political background or experience that I know of.

John Polk-R: Very good and experienced lawyer. Top notch. Very experienced politically. He was very close to Steve Schiff and helped him tremendously in his congressional races. Really knows grassroots politics. Would run a very capable campaign here in Bernalillo County. I think he’s the best of this list.

Pres Torres-D: Again, I would defer to Greg Fouratt on this one. He knows him very well. Also, I suspect the Governor knows him very well. Enough said there.

Julie Altweis-D: Reputation as being a horrible Metro judge. Got her appointment from Richardson with Manny Aragon’s help. She and her former husband, former District Judge Kavanaugh (who was very tight with Manny) , came under scrutiny during the Metro courthouse scandal. He narrowly escaped indictment and resigned his judgeship abruptly. Apparently, their house was remodeled for free by one of the co-defendants in the Manny Aragon indictment. Rumor has it (and I think it’s more than rumor) that the backyard BBQ grill was built partially with the marble Manny stole from the courthouse project. The press knows this and it would undoubtedly surface should she be appointed.

Let me know if you have any questions.   PJK

This message is confidential pursuant to the attorney-client privilege.

Earlier this month, as an attorney representing Governor Susana Martinez, Kennedy sent a legal letter to SFR "to confirm" that the emails we received from the attorney general, including the one he sent to Hernandez, "are not public."

Updated 6 pm Thursday: Incidentally, SFR today received a response to an IPRA request it had filed for this exact email. Here's the text of the request:

"I wish to inspect all written communications, including emails, letters, notes or text messages, sent to and from Jessica Hernandez, then a general counsel for Governor Susana Martinez, sent to anyone named Paul Kennedy or any emails Ms. Hernandez received from anyone named Paul Kennedy on the day of September 10, 2011. The email address of Paul Kennedy is pkennedy@kennedyhan.com. Paul Kennedy is currently an attorney at Paul Kennedy & Associates, 201 12th St. NW, Albuquerque, NM 87102."

And here's the governor's office response:

The Office of the Governor does not have any responsive document to your request.

So, a few options here:

  1. The governor's office agrees with Kennedy: Because the email is protected by attorney-client privilege, it isn't public. But that's not to say it doesn't exist...just that it isn't public. Would they have to at least say that they have the email, but that they're withholding it due to attorney-client privilege? Anyone? Anyone? Bueller?
  2. The governor's office considers the discussion of a 2nd Judicial District appointment to be political business, not public business, meaning it's not subject to IPRA. But that requires another caveat, because any emails sent or received by state officials—even ones that don't concern public business—can be subject to IPRA. Remember how the Corrections Dept. released all those personal emails sent and received by former Corrections Secretary Lupe Martinez? So here's the caveat: Hernandez received Kennedy's email on her private account, so maybe the governor's office could argue that it never technically passed through the office itself.
  3. The email has been deleted and no longer exists.
  4. Some other option we're forgetting.
In any case, we've got an email in to the governor's office for clarification, and we'll update this post accordingly.

—September 15: Power lawyer Mickey Barnett replies to a mass email about a Republican lawyer meeting to Don Bruckner and Governor's Office General Counsel (now deputy chief of staff) Jessica Hernandez. Barnett clarifys Hernandez' email address to Bruckner: "jessica's correct email address is set out above-the one on this email is missing an 'h'." The above address lists JHernandez@susana2010.com while the message Barnett replied went to jerhandez@susanapac.com. In the summer, then-Governor's Office spokesman Scott Darnell claimed that all messages sent to Susana2010.com accounts stopped being received in the middle of 2011

—September 16: An iTunes receipt sent to susana.m@susana2010.com charges Susana Martinez $13.97 for "Loving Sex" by Laura Berman.

 
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