![Off the Record](https://image.pbs.org/contentchannels/ZzAEKoa-white-logo-41-KrjaHPI.png?format=webp&resize=200x)
April 21, 2023 - Dana Nessel | OFF THE RECORD
Season 52 Episode 43 | 27m 45sVideo has Closed Captions
A local sheriff says no to red flag gun laws. Guest: MI Attorney General Dana Nessel.
The panel discusses a local sheriff who says he won't enforce red flag gun laws The guest is Michigan Attorney General Dana Nessel. Panelists Chuck Stokes, Clara Hendrickson and Bill Ballenger join senior capitol correspondent Tim Skubick to discuss the week in Michigan government and politics.
Off the Record is a local public television program presented by WKAR
Support for Off the Record is provided by Bellwether Public Relations.
![Off the Record](https://image.pbs.org/contentchannels/ZzAEKoa-white-logo-41-KrjaHPI.png?format=webp&resize=200x)
April 21, 2023 - Dana Nessel | OFF THE RECORD
Season 52 Episode 43 | 27m 45sVideo has Closed Captions
The panel discusses a local sheriff who says he won't enforce red flag gun laws The guest is Michigan Attorney General Dana Nessel. Panelists Chuck Stokes, Clara Hendrickson and Bill Ballenger join senior capitol correspondent Tim Skubick to discuss the week in Michigan government and politics.
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Learn Moreabout PBS online sponsorship>>> THANKS FOR JOININGS US.
STATE ATTORNEY GENERAL DANA NECESSARY IS OUR GUEST THIS WEEK.
OUR LEAD STORY A LOCAL SHERIFF SAYS HE WILL NOT ENFORCE THE RED FLAG LAW AND CHUCK STOKES, CLARA HENDRICKSSON AND BILL BALLENGER SIT IN WITH US AS WE GET THE INSIDE OUT, OFTEN RECORD.
>>> PRODUCTION OF "OFF THE RECORD" IS MADE POSSIBLE IN PART BY MARTIN WAYMIRE, A FULL SERVICE STRATEGIC COMMUNICATIONS AGENCY, PARTNERING WITH DIGITAL MARKETING AND PUBLIC POLICY ENGAGEMENT.
LEARN MORE AT MARTINWAYMIRE.COM.
AND NOW THIS EDITION OF "OFF THE RECORD" WITH TIM SCIEWBIC.
>> THANKS VERY MUCH.
WELCOME TO "OFF THE RECORD."
BUSY WEEK.
THE GOVERNOR IS GOING TO GET THE LEGISLATION TO SIGN THE RED FLAG LAW BUT A LOCAL SHERIFF SAYS I'M NOT GOING TO ENFORCE IT.
WHAT DO YOU MAKE OF THAT STORY?
>> WE'LL SEE IF HE'S AN OUTLIAR OR THIS IS THE BEGINNING OF A PATTERN HERE.
>> IT'S' TREND; DON'T YOU THINK?
>> POTENTIALLY.
I MEAN, ONE THING THAT IS NOT A TREND SHOW THIS THAT HE'S OUT OF STWEP WHERE THE MICHIGAN SHERIFFS ASSOCIATION IS ON THIS.
STATE REP KELLY BRING WORKED HOURS TO GET THEIR SUPPORT, CHANGING SIGNIFICANTLY THE INITIAL RED FLAG BILL TO ACCOMMODATE THINGS THAT THEY REQUESTED.
>> WELL, HE'S GOTTA KEEP IN MIND THAT HE'S GOTTA GET RE-ELECTED AND HE'S PLAYING TO HIS COLLEAGUE WHICH CYST HIS COLLEAGUE HAS VERY MUCH -- HIS COLLEAGUE HAS VERY MUCH SAID, HEY, LOOK, WE FEEL YOU'RE VIOLATING BOTH THE U.S. CONSTITUTION AND THE MICHIGAN CONSTITUTION AND HE'S GOT THE ONE COMMITTEE ON THE COUNTY COMMISSION THAT HAS REWRITTEN THE RESOLUTION ON THIS.
NOW, DID HE HAVE SOME ISSUES WITH THEM AT FIRST ON THE FIRST DRAFT, THOUGH THEY WERE TRYING TO TELL HIM HOW TO DO HIS JOB.
BUT ME MADE IT PERFECTLY CLEAR AS YOU SAID ALL ALONG THAT HE IS A CONSTITUTIONAL -- AS HE SAID, A CONSTITUTIONAL SHERIFF, AND THAT'S NOT GOING TO VIOLATE THIS.
AND THEY'RE ALSO SAYING THAT THEY ARE GOING TO PUT MONEY INTO RESOURCES THAT WOULD GO ALONG WITH THIS NEW LAW.
SO IT CERTAINLY HAVE SOMETHING WITHIN THEIR RIGHT AND WHETHER OR NOT EVEN THOUGH HE IS OUT OF STEP WITH THE SHERIFFS ASSOCIATION.
>> I DON'T THINK HE CARES.
>> I DON'T THINK HE CARES AT ALL, BUT MORE ABOUT GETTING RELEGGED AND MAKING SURE THAT HE'S IN SYNC WITH THE VOTERS IN THAT COMMUNITY.
>> WILLIAM.
>> I'M SURPRISED BARRY COUNTY SHERIFF LEADS ON THIS AND HE'S PROBABLY MAD RIGHT NOW.
THIS GUY BEAT ME TO THE PUNCH.
IT'D BE THE NEXT GUY SAY I'M NOT ENFORCING IT EITHER.
AND BY THE WAY, THE LIVINGSTON COUNTY SHERIFFS PREDECESSOR BASAD IS A STATE REP NOW AND RIGHT NEXT DOOR IS BRIAN BIGOLE, A SHERIFF REP.
I WONDER WHAT THEY THINK ABOUT WHAT MEASURE SEE IF DOING IN LIVINGSTON COUNTY.
>> WHAT IS -- A SHERIFF IS A SHERIFF.
AND I LOVE THE TERM CONSTITUTIONAL SHERIFF.
WHAT'S THE OPPOSITE OF THAT?
UNCONSTITUTIONAL CENTER BUT HE BECOMES THE JUDGE AND THE JURY.
HE'S ALREADY DECLARED THIS LAW UNCONSTITUTIONAL.
>> WELL, LOOK, COMMITTEE REFER CASES THAT HE FALLS INTO TO OTHER LAW ENFORCEMENT AGENCIES IN THE COUNTY, BASICALLY.
HE'S JUST GONNA SAY I'M NOT HAVING ANY PART OF IT.
I JUST DON'T THINK HE NECESSARILY HAD TO ANNOUNCE THIS IS WHAT HE'S DOING.
I THINK AS CHUCK SAID HE'S PLAYING TO HIS BASE.
HE MAKES THAT KIND OF ANNOUNCEMENT OUT FRONT SAYING THAT IS IT AND THE PEOPLE THERE IN LIVINGSTON COUNTY WHO ARE HIS SUPPORT SAY, GO FOR IT, SHERIFF.
>> YEAH, HE'S PRE-EMPTIVELY SAYING I'M NOT GOING TO COMPLY WITH A JUDGE'S ORDER.
IF A JUDGE ORDERS AN EXTREME RISK PROTECTION ORDER BECAUSE SOMEONE POSE A IMMINENT RISK TO HIMSELF OR OTHERS, HE SAID I'M NOT GOING TO COMPLY WITH THAT.
>> THE POINT WAS HE HAS SEEN JUDGES THAT SIGNED THESE PROTECTION ORDERS BEFORE, BEFORE THE RED FLAG LAW, THAT SAID WE NEVER READ THIS STUFF.
THEY JUST PUT THEIR SIGNATURE ON.
PART OF THE LEGISLATESIVE PROCESS, THE Ds WERE TRYING TO ADDRESS THE ABUSE, QUOTE/UNQUOTE.
>> AND HE'S HEADED THAT THE REAL PLACE TO RESOLVE ALL THIS WILL BE IN THE COURTS WHICH HE'S PROBABLY THINKING OKAY, SOMEBODY'S GONNA PUT A LAWSUIT AND SUE THIS, AND THEY MIGHT WIN, AND THEN IF THEY DO WIN, THEN, WHOA, LIE LIKE I HAD GREAT VISION HERE, AND THE REST OF YOU ALL SHOULD HAVE STEPPED UP.
>> IS THE STATE GOING TO LEAN ON HIM?
>> I DON'T NOPE WE'LL HAVE TO FIND OUT -- I DON'T KNOW.
WE'LL HAVE TO FIND OUT FROM THE ATTORNEY GENERAL.
>> DON'T TELL HER.
HOPEFULLY SHE WENT BACK TO SLEEP BECAUSE SHE'S NOT A MORNING PERSON.
>> IS THIS LAW GOING TO WORK, IS THE QUESTION.
I MEAN, SERIOUSLY.
ON PAPER, IT LOOKS TOTALLY SENSIBILITY TO THE PUBLIC, WHICH SUPPORTS IT.
BUT LET'S WAIT AND SEE HOW MANY CASES REALLY COME UP.
HAD YOU A GUEST HERE A FEW WEEKS AGO WHO SAID BASICALLY, THEY STUDIED IT AND SAID THERE WERE ONLY FOUR CASES OUT OF THOUSANDS THAT COULD HAVE HAPPENED INVOLVING SHOOT THINGS CHICAGO AND WHATEVER ELSE.
THIS IS IN PLACE IN OTHER STATES, AND THE EVIDENCE IS STILL LACKING, AS TO WHETHER IT REALLY HAS THE IMPACT THAT IT'S SUPPOSED TO HAVE.
>> WHAT DO YOU THINK OF THE PROPOSAL TO DRINK -- NICE SEGWAY THERE, RIGHT -- ON COLLEGE CAMPUSES.
WHAT ELSE IS NEW, RIGHT?
>> YEAH, WHAT WE'RE HEARING NOW IS THIS IS SORT OF A PUBLIC SAFETY ARM, IT'S BETTER FOR PEOPLE TO BE DRINKING INSIDE THE STADIUM.
WILL BE A GOOD MONEY MAKER I'M SURE FOR THE STADIUMS RATHER THAN BINGE DRINKING AT TAILGATES RIGHT BEFORE A GAME.
>> IS THIS GONNA FLY MIGHT.
I THINK IT PROBABLY WILL JUST BECAUSE IT'S POTENTIALLY A LOT OF MONEY BEHIND IT.
THE QUESTION BECOMES, IF SOME KIND OF HIGH PROFILE INCIDENT COMES AS A RESULT OF THIS.
IS THERE GONNA BE A REAL BACKLASH ON THOSE THAT HAVE PUSHED THIS LEGISLATION.
>> THE SPONSORS SAY, LOOK IT, THE PEOPLE IN THE SUITES UP ABOVE, THEY'RE BRINGING THE HARD CIDER, WHAT ABOUT THE SHLUB IN THE SPHWHOAL.
>> ATTORNEY -- WHAT ABOUT THE BOWL?
>> ATTORNEY NESSEL HAD AN INCIDENT A YEAR AGO, YOU KNOW?
>> WHAT DOES THE GOVERNOR DO?
>> SHE TOLD ME, I KNOW THE ANSWER.
YEAH, LAST DECEMBER.
>> THAT'S RIGHT.
I FORGOT.
>> AND I WAS -- BUT SHE WAS NOT ENTHUSIASTIC.
THIS WAS NOT ONE OF THOSE "I CAN HARDLY WAIT TO THIS GETS ON MY DESK SO I CAN HOLD A CEREMONY."
ESPECIALLY AS A PROSECUTOR, SHE SAW WHAT HAPPENED AT 8:00 FOOTBALL GAMES SHE SAID IT'S A DISASTER WAITING TO HAPPEN, WHICH GETS BACK TO YOUR POINT, IS THIS A TICKING TIME BOMB.
>> AND YOU HAVE A GOOD POINT ABOUT IN THE SUITES THAT THEY'RE DOING, BUT YOU'RE ALSO DEALING WITH AN OLDER POPULATION.
YOU LIKE TO THINK THEY'RE A LITTLE MORE MATURE ABOUT HOW THEY HANDLE THEIR LIQUOR, WITH YOUNG PEOPLE, ENTHUSIASM -- WE CAN ALL REMEMBER BACK TO OUR 20s, WE PROBABLY WERE A LITTLE LESS RESPONSIBLE AT THAT AGE THAT WE MIGHT BE AT THIS AGE BUT THAT'S NOT TO SAY THAT ALL YOUNG PREMIUM IRRESPONSIBLE WHEN THEY'RE DRINKING BEER.
>> WELL, THE INTERESTING PART ABOUT THIS IS THE BAR FOLKS ARE ON BOARD BECAUSE THEY PUT SOME PRETTY STRONG RESTRAINTS.
YOU CAN ONLY SELL BOOZE ONE HOUR BEFORE THE GAME A HALF-HOUR AFTERWARDS.
IT'S LIMITED TO THE NUMBER OF DAYS, SO THERE ARE SOME CONSTRAINT THERE IS.
I THINK FLIES.
>> I DO TOO.
>> LET'S TAWL CALL IN ATTORNEY GENERAL DANA NESSEL, SINCE SHE ALREADY KNOWS WHAT WE'RE GOING TO ASK HER.
ATTORNEY GENERAL, HAVE YOU BEEN LISTENING IN.
>> I HAVE.
>> ALL RIGHT.
SO WHEN YOU HEARD GOOD OLD SHERIFF OF LIVINGSTON WAS GOING TO TURN HIS NOSE UP AT THE RED FLAG LAW... >> I THINK IT'S UNFORTUNATE FOR THE RESIDENTS OF LIVINGSTON COUNTY.
WILL BE A POWERFUL AND NEW TOOL TO PREVENT SUICIDES, DOMESTIC VIOLENCE, HOMICIDE, MASS SHOOTINGS AND FOR LAW ENFORCEMENT EVER TO SAY THAT EVEN THOUGH TOOL EXIST, TO PREVENT UNNECESSARY GUN VIOLENCE AND GUN DEATHS, I'M REFUSING TO USE IT, I THINK DOES A REAL DISSERVICE TO HIS COUNTY.
WITH THAT BEING THE CASE, HE'S NOT THE ONLY ONE WHO CAN ENFORCE THESE LAWS.
OBVIOUSLY THE MICHIGAN STATE POLICE HAVE JURISDICTION ALL OVER THE STATE OF MICHIGAN, SO DOES MY DEPARTMENT, AND WE HAVE MANY SPECIAL AGENTS.
SO IT'S NOT THAT NO ONE WILL BE ENFORCING THE LAW.
BUT WILL IT CURTAIL THE NUMBER OF INCIDENTS WHERE POTENTIALLY DEATHS OR SERIOUS INJURIES COULD BE PREVENTED?
IT MIGHT, AND THE VOTERS OF LIVINGSTON COUNTY ARE GOING TO HAVE TO HOLD SHERIFF MURPHY ACCOUNTABLE IF THAT OCCURS.
>> TO THE TERM UNFORTUNATE, COULD YOU ALSO ADD THE WORD IRRESPONSIBLE?
>> ABSOLUTELY, I WOULD ADD THAT TERM.
I THINK IT IS IRRESPONSIBLE WHENEVER LAW ENFORCEMENT HAS AN OPPORTUNITY PREVENT SOMEONE FROM BEING, YOU KNOW, MURDERED OR, YOU KNOW, TAKING THEIR OWN LIFE AND REFUSE TO DO ANYTHING, THAT'S THEIR JOB, IS TO PROTECT THE PUBLIC.
PUBLIC SAFETY WHAT YOU RUN FOR SHERIFF TO DO.
AND IF YOU'RE GOING TO SHIRK THAT RESPONSIBILITY, YOU KNOW, I DO THINK IT'S IRRESPONSIBLE.
>> SO WHAT ARE YOU GOING TO DO ABOUT IT?
>> WELL, I CAN'T TAKE ANY ACTION AGAINST HIM PERSONALLY.
I CAN'T MAKE HIM ENFORCE THE LAW IF HE DECIDES NOT TO.
BUT WHAT I CAN DO IS THIS, FIRSTLY I PLAN TO GO ALL AROUND THE STATE OF MICHIGAN AND DO TOWN HALLS, ROUND TABLES WITH MEMBERS OF LAW ENFORCEMENT AND JUDGES AND COMMUNITY STAKE HOLDERS TO LET THEM KNOW EXACTLY WHAT THESE LAWS ARE AND HOW THEY CAN BE UTILIZED AND HOW THEY CAN BE USED TO BEST PROTECT MEMBERS OF THEIR COMMUNITIES.
AND, YOU KNOW, TO WORK WITH THE COURTS AND TO WORK WITHIN LAW ENFORCEMENT SO THAT THESE LAWS ARE BEING IMPLEMENTED AND THEY'RE BEING IMPLEMENTED PROPERLY.
>> CLARA.
>> I WANT TO ASK YOU ABOUT THE ORDERS YOUR OFFICE HAS SOUGHT TO SHIELD SEARCH WARRANT RECORDS AND ONGOING CRIMINAL CASES.
DOESN'T THAT GO AGAINST THE SPIRIT OF THE LAW REQUIRING THEIR RELEASE WITHIN 55 DAYS UNLESS THERE'S A LEGITIMATE REASON TO DO SO?
>> IT'S NOT JUST THAT IT DOESN'T GO AGAINST THE SPIRIT OF THE LAW.
IT DOESN'T GO AGAINST THE LANGUAGE OF THE LAW EITHER.
AND IN THOSE CASES OBVIOUSLY WE SEEK EXTENSIONS BECAUSE THESE ARE VERY COMPLEX, VERY INVOLVED INVESTIGATIONS.
AND IT SOMETIMES CAN TAKE QUITE A LONG TIME IN ORDER TO RECEIVE ALL OF THE EVIDENCE, TO EVALUATE ALL OF IT.
AND TO MAKE, YOU KNOW, SOLID DECISIONS AS TO WHETHER OR NOT YOU'RE GOING TO CHARGE A PARTICULAR SUSPECT.
I WILL SAY THIS, IN THE RICK JOHNSON CASE, FORMER SPEAKER OF THE HOUSE WHO WAS JUST CHARGED BY THE U.S. ATTORNEY'S OFFICE IN THE WESTERN DISTRICT, THAT WAS A SIX-YEAR LONG INVESTIGATION.
AND I DON'T REMEMBER HEARING MEMBERS OF THE MEDIA OR THE PUBLIC COMPLAIN ABOUT THAT.
THE KWAME KILPATRICK PROSECUTION TOOK 9 YEARS TO INVESTIGATE THAT PARTICULAR CASE.
THE MATTERS THAT WE'RE HEARING ABOUT INVOLVING MY DEPARTMENT -- I MEAN, IT HASN'T EVEN BEEN, WHAT IT'S BEEN 14 OR 15 MONTHS, SOME OF THESE INVESTIGATIONS.
WE ARE WORK SUSPICIOUSLY TO RESOLVE THESE MATTERS AS QUICKLY AS POSSIBLE.
BUT WE WANT TO MAKE SURE OF SEVERAL THINGS, FIRSTLY, WE WANT TO MAKE SURE THAT THESE INVESTIGATIONS ARE NOT COMPROMISED.
AND BELIEVE ME WHEN ARE YOU BROADCASTING TO THE MEDIA INTO THE PUBLIC EXACTLY WHAT'S GOING ON DURING THE INVESTIGATION IN REAL-TIME, YOU'RE COMPROMISING THE EVIDENCE IN THE CASE AND YOU'RE ALSO POTENTIALLY SUBJECTING WITNESSES TO BEING THREATENED, AND THOSE SEARCH WARRANTS TALK ABOUT COOPERATING WITNESSES.
BUT, YOU KNOW, WE WANT TO MAKE SURE THAT WE GET IN RIGHT.
WE WANT TO MAKE SURE WE'RE PROTECTING THE DUE PROCESS RIGHTS, ANY SUSPECTS OR POTENTIAL DEBTS, AND WE WANT TO MAKE SURE THAT WE'RE GETTING ALL THE EVIDENCE WE NEED MAKE AN APPROPRIATE DECISION.
WHAT I WILL SAY ABOUT ALL OF THE MAJOR INVESTIGATION I THINK THAT HAVE BEEN COVERED IN THE MEDIA IS, I DO EXPECT THAT THOSE INVESTIGATIONS WILL ALL BE WRAPPED UP BY THE END OF THIS YEAR.
AND SO THAT'S FAR FASTER THAN THE FEDERAL AUTHORITIES USUALLY WORK.
BUT IT WILL BE ENOUGH TIME, I HOPE, FOR US TO HAVE EVALUATED EVERY PIECE OF EVIDENCE IN ALL OF THESE MATTERS SO THAT WE CAN MAKE THE APPROPRIATE DECISION.
>> MADAM ATTORNEY GENERAL, ARE YOU CONCERNED THAT ELLIOT LARSON AT THE REPEAL RIGHT TO WORK, NOW GUN CONTROL, REPEAL OF THE COHABITATION LAW -- ARE YOU CONCERNED THAT DEMOCRATS ARE MOVING TOO FAST AND TOO PROGRESSIVE IN THAT THIS MAY COME BACK TO HAUNT THE DEMOCRATS IN 2024 AND YOU MAY NO LONGER HAVE THE DEMOCRATIC TRIFECTA IN THIS STATE?
>> CHUCK, YOU KNOW, IF YOU LOOK AT EVERY SINGLE ONE OF THOSE PARTICULAR BILLS, THEY ARE IMMENSELY POPULAR WITH THE PUBLIC, AND I DON'T MEAN JUST WITH DEMOCRATS OR JUST WITH PROGRESSIVE DEMOCRATS.
I MEAN WITH THE ENTIRETY OF THE PUBLIC, AND THAT INCLUDES I SAIDS AND THAT INCLUDES REPUBLICANS AS WELL.
SO -- THAT INCLUDES INDEPENDENTS AND THE REPUBLICANS, AS WELL.
SO WHAT THE LEGISLATURE HAS BEEN DOING IS IN LINE STEP WITH WHY THEY WERE ELECTED IN THE FIRST PLACE.
SO I THINK THE PUBLIC WILL BE OVERWHELMINGLY HAPPY WITH THE WORK THEY'VE DONE AND WE'LL SEE THOSE INDIVIDUALS WHO SUPPORTED THAT LEGISLATION RE-ELECTED IN 2024 IN THE CASE OF THE HOUSE.
>> AND DO YOU BELIEVE THAT ABORTION IS STILL GOING TO BE THE THAT I SHALL IS GOING TO DRIVE PEOPLE TO THE POLLS AND WILL FAVOR DEMOCRATS MORE THAN IT FAVORS REPUBLICANS?
>> WELL, IT IS NOW.
I THOUGHT THAT WE HAD RESOLVED THAT MATTER OF COURSE WHEN WE ENSHRINED REPRODUCTIVE RIGHTS INTO THE STATE CONSTITUTION VIA PROPOSITION 3 IN NOVEMBER OF 2022.
BUT UNFORTUNATELY, THAT ISSUE HASN'T GONE AWAY.
AND AS YOU'RE WELL AWARE, WE'RE BATTLING A CASE RIGHT NOW INVOLVING THE USE OF A MEDICATION CALLED MIFEPRISTONE WHICH HAS BEEN ON THE MARKET NOW FOR WELL OVER 20 YEARS AND WE HAVE THESE IMPACT RULINGS, WE HAVE RULINGS ALREADY FROM A JUDGE IN TEXAS, WHO'S TELLING US THAT THAT HAS TO BE TAKEN OFF THE MARKET.
ALL AROUND THE COUNTRY, INCLUDING HERE IN MICHIGAN.
WE HAVE A CASE THAT MY DEPARTMENT IS INVOLVED IN AND THE STATE OF WASHINGTON WHERE WE HAVE A CONTRARY RULING FROM ANOTHER JUDGE SAYING THAT THE MEDICATION HAS TO STAY ON THE MARKET AND THAT IT'S -- SHOULD BE SUBJECTED TO THE STATUS QUO OF HOW IT'S BEEN PRESCRIBED FOR ALL OF THESE MANY YEARS.
SO THE REPUBLICANS ARE ENSURING THAT WE HAVE TO KEEP LITIGATING THIS ISSUE OVER AND OVER AGAIN, AND I DON'T THINK THAT'S GOING TO BEAR VERY FAVORABLY ON THEM FOR FUTURE ELECTIONS WHEN, YOU KNOW, VOTERS -- EVEN IN THE STATE OF MICHIGAN, GOING TO HAVE TO SAY TO THEMSELVES THAT ABORTION IS ALWAYS GOING TO BE ON THE BALLOT BECAUSE THE REPUBLICANS KEEP MAKING AN ISSUE OF IT AND KEEP TRYING TO STRIP AWAY REPRODUCTIVE RIGHTS, EVEN THOUGH THE VOTERS TOLD THEM IN THE STATE OVER AND OVER AGAIN THAT THAT'S NOT WHAT THEY WANT.
>> FLINT WATER CRISIS MARKED AM ATTORNEY GENERAL.
YOU'VE SUFFERED A STRING OF DEFEATS IN THE COURTS UP THERE.
ARE YOU GOING TO SCORE SOME VICTORIES HERE IN THE FUTURE AND WRAP UP ALL THAT LITIGATION?
>> WELL, IN TERMS OF THE CIVIL CASES THAT I HANDLED, YOU KNOW, I'M PLEASED TO SEE THAT THAT SETTLEMENT IS MOVING FORWARD.
IT'S THE BIGGEST SETTLEMENT IN THE HISTORY OF THE STATE OF MICHIGAN, AND, YOU KNOW, WE BELIEVE AT LONG LAST WE GOING TO HAVE PEOPLE WHO ARE GOING TO BE INDEMNIFIED FOR SOME OF THE HARM THAT THEY SUFFERED.
SO I'M VERY PLEASED WITH THAT LITIGATION.
IN TERMS OF THE CRIMINAL CASES, WHICH AS YOU KNOW ARE BEING HANDLED BY OTHER MEMBERS OF MY OFFICE AND I'M CONFLICT OUT OF THOSE, BUT THEY'VE MADE IN VERY CLEAR THAT THEY'RE APPEALING THOSE CASES THROUGH THE COURTS.
ULTIMATELY I BELIEVE IT WILL BE A DECISION THAT'S MADE BY THE MICHIGAN SUPREME COURT AS TO HOW THOSE CASES ARE GOING TO PRODUCE.
>> IT'S TIME FOR TERM LIMBS FOR U.S. SUPREME COURT -- TERM LIMITS FOR U.S. SUPREME COURT JUSTICES?
>> WHAT WE'RE SEEING IS OBVIOUSLY VERY CONCERNING.
WE HAVE A NUMBER OF THINGS THAT ARE HAPPENING, NOT JUST THE FACT THAT THESE ARE INCREDIBLY UNPOPULAR DECISIONS THAT ARE BEING MADE BY UNITED STATES SUPREME COURT JUDGES, JUDGES WHO, BY THE WAY, LIED, MANY OF THEM, DURING THE COURSE OF THEIR CONFIRMATION HEARINGS IN FRONT OF THE SENATE, BUT NOW HAVE YOU THIS SCANDAL INVOLVING JUSTICE CLARENCE THOMAS, WHICH EVEN FOR MANY CONSERVATIVE REPUBLICANS I THINK IS VERY DISTURBING.
AND YOU SEE THAT THERE REALLY CONSIDERATIONS OF ANY KIND, THAT SEEM TO BE APPLIED TO THE HIGHEST COURT IN THE NATION.
AND SO WITH THAT, YOU KNOW, I CAN SEE THAT THERE'S GOING TO BE SOME SORT OF DISCUSSION MOVING FORWARD AS TO AT LEAST SOME SORT OF LIMITATIONS THAT MAY APPLY IN THE FUTURE TO JUSTICES OF THE UNITED STATES SUPREME COURT.
>> WOULD YOU SUPPORT TERM LIMITS FOR SUPREME COURT JUSTICES?
>> I HAVEN'T GIVEN IT A LOT OF THOUGHT, BUT I DO THINK IT'S A SUBJECT THAT PERHAPS IS RIPE FOR SOME SORT OF CONSIDERATION.
IF YOU LOOK AT THE NUMBERS, IF YOU LOOK AT THE STATISTICS, PEOPLE ARE REALLY LOSING FAITH IN THE INTEGRITY OF OUR COURTS.
AND IT IS SO DAMAGING FOR OUR DEMOCRACY.
THE ONLY WAY THAT OUR DEMOCRACY SWORKS IF PEOPLE RESPECT THE DECISIONS OF OUR COURTS AND ABIDE BY THOSE DECISIONS.
AND IF YOU HAVE, YOU KNOW, SUCH A LACK OF RESPECT FOR THE COURTS, IT'S GONNA BE DAMAGING TO THE REST OF THE DMOK ADDRESS WE, YOU KNOW, HOLD SNAKED THIS COUNTRY.
SO I THINK IT'S TIME FOR US TO START AT LEAST HAVING THOSE CONVERSATIONS.
>> NOW THAT YOU'RE NO LONGER CAMPAIGNING AGAINST MATT DEPERNUAO, CAN YOU ALLEGE THE INVESTIGATION TO SEIZE VOTING MACHINES?
>> I DON'T THINK IT'S APPROPRIATE.
THIS MATTER WAS REFERRED TO PAC, THEY MADE THE DECISION TO REFER THE CASE TO MUSKEGON COUNTY PROSECUTOR DJ HILLSON, WHO I HAVE EVERY FAITH IS HANDLING THIS MATTER APPROPRIATELY.
UNDER THE LAW REALLY THE ONLY THING THAT THE REFERRING PROSECUTING AGENCY CAN DO, HONESTLY TO FOOT THE BILL FOR THAT COST NEAR PROSECUTION, BUT NOT TO BE INVOLVED IN ANY DECISION MAKING.
I THINK THAT'S APPROPRIATE, AND I HAVE EVERY CONFIDENCE THAT PROSECUTOR HILLSON IS HANDLING THIS CASE APPROPRIATELY.
>> WE TALKED ABOUT IT IN A ROUND-TABLE DISCUSSION, DO YOU HAVE ANY CONCERNS IN TERMS OF THE PROPOSED CHANGES FOR SELLING ALCOHOL AT COLLEGE CAMPUS GAMES?
>> I AM SURE THERE ARE ALWAYS CONCERNS ABOUT THAT I THINK THAT'S A DISCUSSION THAT CERTAINLY LAW ENFORCEMENT SHOULD BE INVOLVED IN, CERTAINLY LAW ENFORCEMENT IN AREAS WHERE THERE ARE COLLEGE CAMPUSES, SHOULD BE HAVING THAT DIALOGUE WITH STATE LEGISLATORS.
>> DO YOU THINK IT'S A GOOD IDEA?
>> I DON'T KNOW IF IT'S A GOOD IDEA.
IT MIGHT BE A PRETTY POOR IDEA, AND I THINK IT'S A GOOD TIME FOR THE FOLKS OF THE LEGISLATOR WHO ARE -- LEGISLATURE WHO ARE CONSIDERING THIS TO HAVE A HEART TO HEART WITH LAW ENFORCEMENT WHO POLICE THOSE COMMUNITIES DURING GAME TIME AND AFTER GAME TIME AND TO HAVE A DISCUSSION OF THE PROS AND CONS OF THAT.
>> HAVE YOU HAD ANY CONVERSATIONS ABOUT THE GOVERNOR ABOUT THIS?
>> I HAVE NOT.
>> WHY DID YOU USE THE WORD POOR?
>> IN REGARD TO WHETHER OR NOT THIS IS A GOOD IDEA?
>> CORRECT.
>> WELL, I DON'T KNOW.
LOOK AT THE STATUS.
I'M SUGGESTING THAT IT'S POSSIBLE THAT BY, YOU KNOW, SELLING ALCOHOL IN THE STADIUMS, THAT IT CAN CONTRIBUTE TO, YOU KNOW, MORE INCIDENTS OF MAYHEM FOLLOWING THOSE GAMES IN THOSE AREAS.
BUT BECAUSE I HAVEN'T STUDIED THE STATISTICS ON IT AND I HAVEN'T LOOKED AT WHAT'S HAPPENING IN OTHER STATES, I DON'T THINK IT'S FAIR FOR ME TO MAKE AN ASSESSMENT AT THIS TIME, BUT -- >> LET ME TRY ANYWAY.
IF YOU WERE IN THE LEGISLATURE RIGHT NOW TODAY, YOU WOULD A NO VOTE.
>> I CAN'T SAY THAT BECAUSE I HAVEN'T LOOKED AT ALL THE DATA.
>> WELL, WHAT'S THE -- YOU'RE CERTAINLY FAMILIAR WITH THIS ISSUE.
I MEAN, IS IT A TICKING TIME BOMB?
>> I DON'T KNOW THAT IT'S A TICKING TIME BOMB.
>> OKAY.
MADAM ATTORNEY GENERAL, TWO DECADES AGO, ONE OF YOUR PREDECESSORS, MIKE COX, A REPUBLICAN, ANNOUNCED WHEN HE TOOK OFFICE HE WAS REALLY GOING TO CRACK DOWN ON CHILD SUPPORT.
HE SAID I'M GOING TO GO AFTER DEAD-BEAT DADS AND HE KEPT A RUNNING SCORE CARD FOR MONTHS, MAYBE A COUPLE OF YEARS ON HOW WELL HE WAS DOING.
AND THEN IT KIND OF DROPPED OFF THE RADAR SCREEN.
WE HAVEN'T HEARD MUCH ABOUT IT.
WHAT HAVE YOU DONE OR ARE YOU DOING AS ATTORNEY GENERAL ON CHILD SUPPORT AND CRACKING DOWN ON DEAD-BEAT DADS?
>> WE'VE CONTINUED THE GOOD WORK OF MIKE COX WHEN HE WAS IN OFFICE, YOU KNOW.
WE HAVE A FELONY NON-SUPPORT UNIT.
WE HAVE MANY HE HE PROSECUTORS AND INVESTIGATORS THAT WORK IN THIS UNIT.
EVERY YEAR THEY BRING BACK MILLIONS AND MILLIONS OF DOLLARS AND HAVE TO LOOK AT THE LATEST STATUS.
BUT I THINK SOME YEARS IT'S $22 MILLION, THAT THEY RECOVER FROM PARENTS WHO HAVE NOT COMPLIED WITH COURT ORDERS.
SO WE ARE DOING EVERYTHING THAT MIKE COX DID.
YOU KNOW, WE ADVERTISE FROM TIME TO TIME.
ON OCCASION WE PUT OUT PRESS RELEASES.
I CERTAINLY HAVE MADE CLEAR TO THE LEGISLATURE THE GREAT WORK THAT WE'RE DOING IN THAT PARTICULAR DIVISION BECAUSE IT COMES UP WHEN IT COMES TO FUNDING ISSUES.
BUT WE ARE TRYING TO DO EVERYTHING IN OUR POWER TO MAKE SURE THAT FAMILIES REPROPERLY SUPPORTED AND THAT'S WHY WE'VE CONTINUED THE WORK THAT'S BEEN DONE IN THAT OFFICE NOW FOR DECADES.
>> WHAT'S HAPPENING WITH LIVE FIVE LITIGATION?
>> SO THE CASE THAT I ORIGINALLY FILED IN INGHAM COUNTY, AT THIS POINT, HAS BEEN REMOVED TO FEDERAL COURT, TO THE WESTERN DISTRICT.
IT WAS A DECISION BY JUDGE NEFF QUITE SOME TIME AGO.
WE DISAGREED WITH THAT DECISION.
GENERALLY SPEAKING A DEFENDANT HAS TO FILE FOR REMOVAL TO FEDERAL COURT WITHIN 28 DAYS OF THE FILING.
NOT ONLY DID EMBRIDGE NOT DO THAT IN THAT PARTICULAR CASE BUT WAITED A YEAR AND A HALF TO FILE REMOVAL.
WE ARE APPEALING THAT AND IT'S CURRENTLY PENDING IN THE SIXTH CIRCUIT.
>> DO YOU SUPPORT A BAN ON ASSAULT WEAPONS MARKED AM ATTORNEY GENERAL?
>> I ABSOLUTELY DO.
I THINK IT'S INCREDIBLY IMPORTANT.
I HAVE SEEN TIME AFTER TIME WHERE SUPREME BEEN MURDERED BY ASSAULT WEAPONS.
I'VE TALKED TO A LOT OF GUN OWN BERS THIS, AND WHEN I ASK, WHAT EXACTLY IS THE PURPOSE OF AN ASSAULT WEAPON?
I MEAN, YOU CAN'T USE YOU TO HUNT, RIGHT.
I MEAN, IT WOULD JUST DESTROY ANY GAME.
YOU WOULDN'T BE ABLE TO EAT IT OR PUT IT UP ON YOUR WALL.
IT'S NOT REALLY THE TYPE OF WEAPON THAT IS CONSIDERED THE SELF-DEFENSE FIREARM.
WHEN I ASK GUN OWNERS ABOUT THIS, AND I SAY WHAT DO YOU LIKE ABOUT IT, I HEAR THE SAME THING TIME AND TIME AGAIN, IT'S FUN.
THAT'S THE RESPONSE I GET.
WELL, YOU KNOW WHO IT'S NOT FUN FOR, IT'S NOT FUN FOR THE HUNDREDS OF PEOPLE THAT ARE BLOWN TO PIECES EVERY YEAR BY THIS FIREARM, WHICH OBVIOUSLY FOR MANY, MANY YEARS, YOU KNOW, ASSAULT WEAPONS EXISTED, THEY JUST WEREN'T LEGAL IN THIS COUNTRY, AND I THINK -- >> GO AHEAD.
>> DOES DT ENERGY MAKE A GOOD CASE FOR THEIR RATE HIKE?
>> I DON'T BELIEVE THEY HAVE, AND I THINK THAT'S WHY WE'VE BEEN SUCCESSFUL IN RECENT YEARS TERMS OF COMBATING THESE RATE HIKES.
I OPPOSE VIRTUALLY EVERY RATE HIKE, AND WHAT I STY ANY UTILITY THAT WANTS TO RAISE -- WHAT I SAY TO ANY UTILITIES THAT WANT TO RAISE RATES ANYMORE, UNDERSTANDING THAT WE HAVE SOME OF THE HIGHEST UTILITIES ANYWHERE IN THE MIDWEST AND THE POOREST RATE OF PERFORMANCE, AND YOU BETTER PROVE WHY YOU NEED ANOTHER RATE RAISE.
OBVIOUSLY IN THE DT CASE LAST YEAR WE WERE OVERWHELMINGLY SUCCESS.
AND I THINK WE'LL ALSO BE SUCCESSFUL IN THE CONSUMER HES CASE.
FIRST, WHAT EXACTLY ARE YOU DOING WITH THIS MONEY?
WE NEED SPECIFIC METRICS IN PLACE SO THAT WE CAN SAY HOW THE MONEY IS BEING USED AND AT SOME POINT LATER PROOF THAT IT'S SUBMITTED TO THE PUBLIC SERVICE COMMISSION OF THE FACT THAT THAT UTILITY USED THE MONEY THE WAY THEY PROSPECTED TO BE USING IT -- THAT THEY PURPORTED TO BE USING IT, AND IF SO, THE MONEY SHOULD BE RETURNED TO RATEPAYERS.
AND IN ADDITION I THINK WE NEED TO BE KEEPING TRACK OF ANY POLITICAL CONTRIBUTIONS THAT THE UTILITIES MAKE.
THESE ARE REGULATED MONOPOLIES.
THEY HAVE NO COMPETITION.
I DON'T KNOW WHY THEY'RE SPENDING SO MUCH MONEY ON ADVERTISING WHY THEY HAVE NO COMPETITION.
I DON'T KNOW WHY THEY'RE SPENDING SO MUCH MONEY TO INFLUENCE POLICIES IN THE LEGISLATURE, THE GOVERNOR'S OFFICE, MY OFFICE.
THAT MONEY SHOULD ALL BE SUB, YOU KNOW OFF-SET SO THAT RATEPAYERS ARE NOT PAYING FOR THESE UTILITIES IN THEIR EFFORTS TO INFLUENCE POLICY AND POLICYMAKERS.
>> MADAM ATTORNEY GENERAL, THE INFAMOUS YES OR KNOWLE QUESTION AT THE END OF THE PROGRAM, DO YOU WANT TO BE GOVERNOR OF THE STATE OF MICHIGAN?
>> ABSOLUTELY NOT.
I KNOW THAT THE ACRONYM OR INITIALS A ANGLE GENERALLY STAND FOR ASPIRING GOVERNOR.
I SAID THIS WHEN I FIRST RANKER I WILL BE THE FIRST ATTORNEY GENERAL IN MODERN HE HISTORY NOT TO RUN FOR GOVERNOR.
I MADE THAT COMMITMENT THEN AND WILL MAKE THAT COMMITMENT AGAIN TO YOU HEAR TODAY.
>> GOOD TO SEE YOU MADAM ATTORNEY GENERAL.
THANK YOU FOR DOING "OFF THE RECORD."
WE'LL TALK DOWN THE ROAD, OKAY?
>> THANKS FOR HAVING ME.
>> ALL RIGHT, EVERYBODY, NEXT WEEK, MORE "OFF THE RECORD."
SEE YOU HERE.
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