DRAIN THE SWAMP or Why did the State of Alaska send Libby to Philly?

Attorney/Blogger Libby Bakalar doesn't think that there is any conflict of interest between her blogging/social media/lobbying activities and her work as an Assistant Attorney General for the State of Alaska.

I beg to differ.  As I explained in previous blog posts, the citizens of Alaska have a right to have neutral, non-biased, hard-working attorneys representing our interests - ESPECIALLY WHEN IT COMES TO ELECTION ISSUES. 

Note: For a while in 2017 or 2018, Ms. Bakalar was "officially" assigned to the Transportation section, but the AK Employee Directory lists her once again as being with the Labor and State Affairs section. I'm not sure she ever really left the State Affairs section because she has continually been working on election and ballot issues.  She worked on the Stand for Salmon ballot initiative litigation. And she is a member of the Election Policy Work Group which has been meeting periodically for the last couple of years.

Why should Alaskans get stuck with someone as controversial as blogger Libby Bakalar representing us in important issues such as ballot initiatives, voter fraud, and contested elections etc?

Here is a listing of the types of legal matters the "Labor and State Affairs section" of the Attorney General's office handles.  It is THE section for important and politically sensitive cases:

Does anyone trust Ms. Bakalar to fairly represent all Alaskans? Read her blog and look at her social media accounts before answering.

Libby claims her social media/blogging activities and work activities do not collide. She is wrong. 

You can't post all day long on Twitter and Facebook and Wordpress about your strongly held political views and expect the public to believe that you are able to work hard and do a good job on behalf of ALL Alaskans as a Assistant Attorney General, especially when you are assigned to the Labor and State Affairs section.

Resistance Blog Post:

Libby just wrote a new blog post patting herself on the back for not standing or applauding for Kirstjen Nielsen, the Secretary of Homeland Security for the US, when Libby was in the audience for a speech given by Ms. Nielsen.

Ms. Bakalar carefully notes that "The details of how I got there and what she was talking about aren't important, because her speech wasn’t about what she was actually doing at the time: Enforcing a monstrous policy separating children from their families at the Southern border."

Of course Libby doesn't want to reveal what Ms. Nielsen was speaking about and to whom...so I will explain.

Secretary Nielsen was giving a speech to the National Association of Secretaries of State.  Here in Alaska, we don't have a Sec of State; our Lt. Governor oversees our elections.

So, Libby was likely attending this NASS conference in Philadelphia in her capacity as an AAG assigned to represent our Lt. Gov on election issues. (She noted on one of her social media accounts about being in Philly for a work event during this exact same time frame.) (Last summer, AK's Lt Gov was Byron Mallot; NASS's website has been updated recently to reflect that Valerie Davidson is our new Lt. Gov.)

Secretary Neilsen gave the Keynote speech about the importance of election security.  "Election security is national security."

Ms. Bakalar "protested" Ms. Neilsen by not clapping or standing and she "shamed" her seat mate for clapping. Nice. I guess Ms. Bakalar is not in favor of election security.

Can someone tell me why the State of Alaska sent Ms. Bakalar to this important conference? 

Was she really and truly the best choice to attend this conference on behalf of the State of Alaska?

My opinion? Of course not!

Also - when you are attending a work event as a representative of the State of Alaska, you should not be "shaming" a fellow attendee for their decision to stand up and applaud the Director of Homeland Security. 

NOTE: If Ms. Bakalar were an Asst Public Defender, I would not care as much because she would be representing individuals in criminal cases.  But when you are working for the Attorney General's office and representing the people of the State of Alaska in ELECTION matters, you need to be professional and politically neutral. 

Libby wants everyone to VOTE

The midterm election is this Tuesday.  Early voting has already begun.

Look - here is Libby voting:

Libby wants everyone to vote!

Well, IMHO (legal disclaimer) what she really wants is for everyone to vote the same way she votes.

Libby  (who fits in working as an Assistant Attorney General for the State of Alaska in between her social media and lobbyist activities) has strongly held political views.

Here are some recent Facebook posts in which Libby discusses her political views.

She is not a fan of Alaska Congressman Don Young who is up for re-election.  She is also not a fan of Senator Dan Sullivan (who is not up for re-election.)  If you read through her entire blog and/or look at her postings on social media, you will get an idea about her political positions.

Why does it matter if Libby speaks out about her political views? See next post for an analysis.

Fall 2018 Update - Libby is taking time off work with the Attorney General's office and travelling to Wash DC with the ACLU to protest Judge Brett Kavanaugh

Ms. Bakalar is all worked up (no surprise) about the possibility of Judge Brett Kavanaugh being confirmed as a U.S. Supreme Court Justice.

She has written numerous posts on her blog and social media accounts over the last few weeks:

She has been tweeting about Alaska women attorneys signing a letter of protest to Senators Sullivan and Murkowski.

And, this week, she is travelling with the ACLU to Wash DC to protest in person/meet with the
Alaska Senators.

http://mustreadalaska.com/aclu-paying-for-100-alaska-women-to-protest-kavanaugh/


Update - December 2018:  Libby is still upset that the (unsubstantiated; imho false) accusations against Brett Kavanaugh did not ruin his life:

The last I knew  - Ms. Bakalar was working for the Transportation section of the Alaska Attorney General's office....But is she really staying away from politically sensitive issues in her capacity as an AAG for Alaska?

I am not so sure about that.  She is still involved with ballot initiative litigation:

She was appointed to the "Election Policy Workgroup" which has been meeting periodically during 2017 and 2018 to discuss election issues here in our state.

So, I am renewing my ethics complaint.  Political activist and blogger Libby Bakalar should NOT be working for the State of Alaska as an Assistant A.G.

Standards for State Officials

Here is the first part of the Executive Branch Ethics act:

____________________________________________________________________________

Article 01. DECLARATIONS

Sec. 39.52.010. Declaration of policy.

(a) It is declared that

(1) high moral and ethical standards among public officers in the executive branch are essential to assure the trust, respect, and confidence of the people of this state;

_____________________________________________________________________________


Alaska's Attorney General and the regional District Attorneys, along with all of the Assistant A.G.s and D.A.s, represent the people of Alaska in thousands of court cases and legal matters each year.

These attorneys are public officers.  High moral and ethical standards among public officers in the State are essential to assure the "trust, respect, and confidence of the people of this state."

Alaskan Assistant Attorney General Libby Bakalar uses extremely profane and vulgar and mean language in her Blog.  She makes fun of people based on their political affiliations (Trump supporters) and their religion (fundamental Christians) and lectures white people on how they need to behave ("Memo to White People from a White Person: Don't be a Shithead" - 6/12/16 post).  Take a look at her blog.

Is Ms. Bakalar the type of person we want working as an attorney in the Attorney General's office?

My opinion: NO.

Ms. Bakalar says that she is entitled to free speech and that if people don't like her blog (or her tweets), they don't have to read them.  True.  But this is also true: We Alaskans don't have to employ her. Her liberal bias, outrageous online behavior and general nastiness does not engender our trust, respect or confidence in her.

Another way to think about this: What if her vitriol was directed at Muslims or Jews or Black people ("Memo to Black people: Don't be Shitheads") ("Memo to Jews: Don't be Shitheads")?  [Libby wrote a blog post titled "Memo to White People: Don't be Shitheads.")  For some reason, many liberal pundits including Ms. Bakalar think that it is acceptable (and humorous) to attack people who are white, Christian, and/or conservative. However, it is never okay to make fun of people for their race or religion.

And it is not okay for a State official/attorney to be spewing vulgarity and profanity on a blog and other social media platforms. (Plus - as a side issue - was she doing this while on the job?)

These are words she uses on a regular basis: Motherfuckers, MoFos, Fucking, Dicks.  She uses these words when she talks about people she disagrees with politically and otherwise.

Just the other day, she suggested that instead of "E Pluribus Uninum" perhaps our country's motto could be something else like, "6. 'Dis Mah House, and if You Don't Laaahk it, GET DAFUQ OUT!

7. If It's Gonna Be That Kind Of Party, I'm Gonna Stick My Dick in the Mashed Potatoes!"  

This type of behavior from a public official degrades our government.

I find Libby's vulgarity and profanity offensive.  Other people I have talked to find her blog offensive, too. And I don't think it is ethical for a State Government attorney - especially someone who was working in the "Labor and State Affairs" section - to have a political blog.

What if our Governor had a blog like this? What if a legislator used the words that Ms. Bakalar uses to discuss opponents?  We would vote them out of office.  What if the Attorney General talked like this?  She would NOT be confirmed.  An Asst AG is also a public official. Why should Ms. Bakalar get a pass for this type of juvenile and vulgar behavior?  Why shouldn't she be fired?

Alaskans deserve better.


[NOTE: Ms. Bakalar blogged about local, state and national politics WHILE she was assigned to the "Labor and State Affairs" section of the AG's office in Juneau.  As an Asst AG in that section for many years, she was involved in many politically sensitive cases (recalls, ballot initiatives, recounts) because that section represents the Gov, the Lt. Gov and the Division of Elections among other entities in legal matters.  Very recently, Ms. Bakalar was transferred to the Transportation section (perhaps as a result of my ethics complaint but I have not been able to confirm this.) Why did the top brass at the AG's office think it was A-okay for a prominent liberal political blogger to be working as an AAG in the "Labor and State Affairs" section and doing things like drafting AG opinions on very sensitive matters such as Ballot Initiatives? Please see the other lengthy posts explaining this conflict of interest. ]

Attorney General Opinions written by Libby Bakalar

Libby Bakalar has written most of the recent AG opinions regarding proposed ballot initiatives and recalls of elected officials.


http://www.law.state.ak.us/pdf/opinions/opinions_2015/15-006_JU2015200441.pdf

You asked us to review an application for an initiative entitled: “An Act relating to the permanent fund dividend application and the registration of voters; and providing for an effective date” (hereafter, “15PFVR”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application. I. The proposed initiative bill. The bill proposed by this initiative would amend, repeal, and reenact various provisions of Alaska law to allow voters to register to vote when they apply for a permanent fund dividend (“PFD”).


http://www.law.state.ak.us/pdf/opinions/opinions_2014/2014-004_JU2014200708.pdf

You asked us to review an application for an initiative entitled: “An Act creating criminal penalties for public officials who regulate or legislate competitive advantages for, or direct appropriations to their business partners, their clients, their contributors, and other defined close associates and creating criminal penalties for those who succeed in profiting by inducing public officials to violate this act” (hereafter, “14CPO2”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application. I. The proposed initiative bill. The bill proposed by this initiative would repeal and reenact AS 11.56.130 in Title 11 of the Alaska Statutes (Criminal Law).1 The proposed new AS 11.56.130 would be titled “Presumptive political bribery” and consist of four sub-sections as follows:


http://www.law.state.ak.us/pdf/opinions/opinions_2014/2013-001_JU2013200790.pdf


Re: Review of Initiative Application for “An Act providing for the protection and conservation of Alaska’s fisheries by prohibiting shore gill nets and set nets in nonsubsistence areas.” A.G. File No. JU2013200790 Dear Lieutenant Governor Treadwell: You asked us to review an application for an initiative entitled “An Act providing for the protection and conservation of Alaska’s fisheries by prohibiting shore gill nets and set nets in nonsubsistence areas” (“13PCAF”). We conclude that the initiative violates the constitutional and statutory prohibition on making or repealing appropriations by initiative, as that prohibition has been interpreted by the Alaska Supreme Court. Accordingly, we recommend that you decline to certify the application.


 http://www.law.state.ak.us/pdf/opinions/opinions_2013/2013-004_JU2013200362.pdf


Re: Lindsey Holmes Recall Application AGO File No.: JU2013200362 Dear Ms. Fenumiai: You have asked for our opinion regarding the application for recall of House Representative Lindsey Holmes. Alaska Statute 15.45.540 requires the director of the Division of Elections to review the application and either certify it or notify the recall committee of the grounds of refusal. The application’s statement of grounds for recall does not satisfy the legal standard for recall required by AS 15.45.510, in that the alleged facts, taken as true, are insufficient to state a claim for lack of fitness—the sole statutory ground for recall stated in the summary. Therefore, the application is not substantially in the form required by AS 15.45.550(1). We recommend the application be denied because Representative Holmes’s conduct in changing political parties is lawful and constitutionally protected.


http://www.law.state.ak.us/pdf/opinions/opinions_2013/2013-006_JU2013200288.pdf

Re: Review of Initiative Application for “An Act increasing the Alaska minimum wage to $8.75 per hour effective January 1, 2015, $9.75 per hour effective January 1, 2016, and thereafter adjusted annually for inflation.” A.G. File No. JU2013200288 Dear Lieutenant Governor Treadwell: You asked us to review an application for an initiative entitled “An Act increasing the Alaska minimum wage to $8.75 per hour effective January 1, 2015, $9.75 per hour effective January 1, 2016, and thereafter adjusted annually for inflation” (“13MINW”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application.


 http://www.law.state.ak.us/pdf/opinions/opinions_2013/2013-005_JU2013200236.pdf


Re: Review of Initiative Application for “An Act to Tax and Regulate the Production, Sale, and Use of Marijuana.” A.G. File No. JU2013200236 Dear Lieutenant Governor Treadwell: You asked us to review an application for an initiative entitled “An Act to tax and regulate the production, sale, and use of marijuana” (“13PSUM”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application.


 http://www.law.state.ak.us/pdf/opinions/opinions_2013/2013-002_JU2013200274.pdf

Re: Review of SB 21 Referendum Application A.G. File No. JU2013200274 Dear Lieutenant Governor Treadwell: You asked us to review an application for a referendum to reject Senate Bill 21, passed during the legislative session that adjourned April 14, 2013. The Division of Elections designated the referendum as “13SB21.” Because the application complies with the constitutional and statutory provisions governing the referendum process, we recommend that you certify the application.


 http://www.law.state.ak.us/pdf/opinions/opinions_2012/12-004_JU2012200845.pdf

Re: Review of “Bristol Bay Forever” Initiative Application A.G. File No. JU2012200845 Dear Lieutenant Governor Treadwell: You have asked us to review an application for an initiative entitled “An Act Providing for Protection of Bristol Bay Wild Salmon and Waters Within or Flowing into the Existing 1972 Bristol Bay Fisheries Reserve” (“12BBAY”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application.

http://www.law.state.ak.us/pdf/opinions/opinions_2011/11-014_JU2011200659.pdf

Re: Review of 11ACMP Initiative Application A.G. File No. JU2011200659 Dear Lieutenant Governor Treadwell: You have asked us to review an application for an initiative entitled “An Act establishing the Alaska Coastal Management Program.” Despite numerous potential constitutional concerns with this initiative bill as discussed herein, and numerous irregularities involving draftsmanship, inconsistencies, and ambiguities in the bill itself, the application complies with the specific constitutional and statutory provisions governing the initiative process and we therefore recommend that you certify the application.

http://www.law.state.ak.us/pdf/opinions/opinions_2011/11-013_JU2011200574.pdf

Re: Review of Application for Recall of House Representative Kyle Johansen A.G. File No. JU2011200574 Dear Ms. Fenumiai: You have asked for our opinion regarding the application for recall of House Representative Kyle Johansen. Alaska Statute 15.45.540 requires the director of the Division of Elections to review the application and either certify it or notify the recall committee of the grounds of refusal. The application’s statement of grounds for recall does not satisfy the legal standard for recall required by AS 15.45.510, in that the alleged facts, even assuming they are true, are insufficient to state a claim of incompetence or neglect of duties – the two statutory grounds for recall stated in the summary. Therefore, the application is not substantially in the form required by AS 15.45.550(1). We recommend that the application be denied.



 http://www.law.state.ak.us/pdf/opinions/opinions_2014/2014-003_JU2014200727.pdf


Gail Fenumiai Director, Division of Elections PO Box 110017 Juneau, AK 99811-0017 Re: Review of Application for Recall of John Atchak AGO No. JU2014200727 Dear Ms. Fenumiai: You have asked for our opinion regarding the application for a petition to recall the chair of the Kashunamiut School District regional school board, John Atchak.1 The school board is comprised of five members, including Mr. Atchak.

Please read the Addendum/Update

There is an addendum/update at the bottom of the last post on this blog - "Libby Bakalar should Not be working as an Attorney for the State of Alaska" - that gives some more background.

Libby Bakalar is "One Hot Mess Alaska"

Libby Bakalar is an attorney who works as an Assistant Attorney General for the State of Alaska.

She also is the author of a popular blog titled, "One Hot Mess Alaska." http://onehotmessalaska.blogspot.com/   She writes and publishes multiple posts per week. She also has a public Facebook page where she shares her blog posts and also gives her opinion on all sorts of issues and current events. Occasionally, she writes a column or essay for the Alaska Dispatch News or Juneau Empire.

Ms. Bakalar is very vocal on her blog and on Facebook about her political views.  See footnote.

Why is this a problem?

Ms. Bakalar represents the State of Alaska in many politically sensitive cases.  She is assigned to the "Labor and State Affairs" section of the Attorney General's Office in Juneau.

Update:  Ms. Bakalar is now listed as an attorney with the Transportation section.

Query:  Is Ms. Bakalar able to represent the interests of Alaska and its residents in a fair and neutral manner?

Is it ethical for an attorney for the State of Alaska - especially an Assistant Attorney General in the State Affairs section who is often involved in political cases - to have a political blog?

Is it ethical for an attorney/blogger to be posting on her blog during work hours or using a State owned computer for this purpose?  Is Ms. Bakalar doing this?

Check out her blog posts and see how many are posted during workdays. She has posted hundreds of blog posts on weekdays during normal business hours.  Also see the post "Ms. Bakalar mixes Business and Pleasure" for more about this concern. 


Footnote:

http://onehotmessalaska.blogspot.com/2015/01/lets-talk-about-revelation.html

Ms. Bakalar claims she does not blog about politics but this is simply not true.