Second federal judge orders temporary pause to Trump administration efforts to freeze funding - By Michael Casey Associated Press, KUNM News
A second federal judge on Friday ordered a temporary pause in Trump administration efforts to freeze federal funding in the latest twist over the spending of trillions of dollars in grants and loans.
Judge John McConnell sided with nearly two dozen states, including New Mexico, that requested an emergency order preventing most federal agencies from halting funding.
Another judge in Washington halted the plan earlier this week minutes before it was set to go into effect, but her short-term order is only in place until Monday unless she decides to extend it.
McConnell ordered the federal government not to "pause, freeze, impede, block, cancel, or terminate" funding promised to the states while the temporary restraining order is in place.
"The Court must act in these early stages of the litigation under the 'worst case scenario' because the breadth and ambiguity of the Executive's action makes it impossible to do otherwise," McConnell wrote.
The White House did not immediately respond to a request for comment. The decision was praised by several of the states that were part of the lawsuit.
In a statement, New Mexico Attorney General Raúl Torrez called the ruling “a crucial victory for the rule of law and thousands of families who rely on these essential programs,” adding that the ruling makes clear that attempts by the President to “unilaterally freeze funding that Congress has already approved” are unconstitutional.
“This is about more than a legal battle,” Torrez wrote. “It’s about protecting critical resources for children, seniors, veterans, and victims of crime.”
"Today's court decision reaffirms that the President cannot unilaterally take away federal funding, especially resources that our kids, seniors and economy rely on. His reckless actions unleashed chaos and confusion yet demonstrated the enormous power of attorneys general to fight back," Massachusetts Attorney General Andrea Campbell said in a statement. "My office will keep fighting to protect Massachusetts residents from these egregious and unlawful abuses of power."
Rhode Island Attorney General Neronha said he appreciated the fact McConnell saw the "irreparable harm that this directive would cause, and frankly has already caused, Americans across the country."
"Make no mistake: this federal funding pause was implemented to inspire fear and chaos, and it was successful in that respect," Neronha said in a statement. "These tactics are intended to wear us down, but with each legal victory we reaffirm that these significant and unlawful disruptions won't be tolerated, and will certainly be met with swift and immediate action now and in the future."
The federal government had opposed the order, arguing there was no basis for what they described as "sweeping relief."
The decision from McConnell, who is based in Rhode Island and was appointed by former President Barack Obama, comes despite the Office of Management and Budget rescinding a memo outlining a sweeping pause on federal loans and grants.
McConnell found that recession was "in name-only" and his order was still necessary.
The White House press secretary has said that a funding freeze is still planned in line with President Donald Trump's blitz of executive orders.
The Republican president wants to increase fossil fuel production, remove protections for transgender people and end diversity, equity and inclusion efforts.
The memo, which was issued earlier this week by the OMB, had frightened states, schools and organizations that rely on trillions of dollars from Washington.
Administration officials said the pause was necessary to review whether spending aligned with Trump's executive orders on issues like climate change and diversity, equity and inclusion programs. But two days later, they sent out a two-sentence notice rescinding the original memo.
A day later, Trump administration officials said programs that provide direct assistance to Americans, including Medicare, Social Security, student loans and food stamps, would not be affected. But that did little to ease the confusion.
Administration officials insisted that despite the confusion, their actions still had the intended effect by underscoring to federal agencies their obligations to abide by Trump's executive orders. That prompted states to request the temporary restraining order.
In their motion, lawyers for Trump's Justice Department argued the federal court lacked jurisdiction and the plaintiffs couldn't use an order that was aimed initially against the OMB memo to seek broader action.
They also argued that Trump and the OMB "plainly have authority to direct agencies to fully implement the President's agenda, consistent with each individual agency's underlying statutory authorities."
"The President's authority to direct subordinate agencies to implement his agenda, subject to those agencies' own statutory authorities, is well-established," Brett Shumate, the acting assistant attorney general, wrote.
The ruling in favor of the states was not unexpected.
In a hearing Wednesday on the initial order from the states, McConnell had said he was sympathetic to the argument put forth from the states about the potential harm from any federal funding freeze.
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Associated Press writer Lindsay Whitehurst in Washington contributed to this story. KUNM News added comment from New Mexico Attorney General Raúl Torrez
Identity thief whose deception led to his victim's incarceration gets a 12-year prison term - By Heather Hollingsworth Associated Press
An information technology expert who for decades assumed the identity of another man so convincingly that his victim was forcibly medicated and jailed for identity theft himself was sentenced Friday to 12 years in prison.
Matthew David Keirans, 59, of Hartland, Wisconsin, pleaded guilty last April to federal charges of aggravated identify theft and making false statements to a National Credit Union Administration insured institution.
The charges shocked Keirans' family and friends, who described him in letters to the court as kind, gracious and dependable. His victim, William Woods, said Keirans' guilty plea spelled the end of a yearslong nightmare.
Woods said Keirans tried to make him look like the criminal.
"He deserved to get every bit of what he got from the judge," Woods said after the sentencing.
Court records indicate Keirans had a rocky childhood, ran away from home at 16, stole a car in San Francisco and was arrested in Oregon but never appeared in court.
The two men met in the late 1980s while working at a hot dog cart in Albuquerque, New Mexico, court records show.
Woods said Keirans stole his wallet in 1988, but returned it after Woods threatened to punch him.
But while Keirans had possession of Woods' wallet, he used the information on Woods' social security card to apply for a driver's license as William Woods.
At that point, "he's got my name with his face on an ID card," Woods told The Associated Press.
There is no record of Keirans using his real name or social security number after 1988. Court documents show he publicly assumed the name William Woods in 1990.
Over the years, Keirans married and had a child, all as Woods. He worked at the University of Iowa Hospital and used Woods' ID to secure credit union loans in Iowa totaling more than $200,000, prosecutors said.
Woods, meanwhile, wasn't earning enough to file taxes — around $3,000 a year at the time, but he wasn't completely under the radar. In 2015, Yousef Saleh Erakat, a YouTuber known as FouseyTube, found Woods living on the street and created a series of videos with more than 1 million views each that document Erakat giving Woods food and paying for him to stay in a motel.
Woods used money Fousey gave him to pay for a credit-monitoring service, and learned that someone was racking up debt and opening accounts under his name. Outraged, Woods marched into a Los Angeles bank in 2019 and demanded an end to it.
"The guy is fraudulent," Woods recalled saying.
The branch manager asked Woods a series of security questions that he was unable to answer because the answers had been set by Keirans. Then the bank called the police, court records say. Keirans, whom the bank believed was Woods, told police that no one in California had permission to access his accounts.
"Suspect entered bank and attempted to use victim's personal identification to gain access to victim's bank account," the arrest report said.
The real Woods was then charged with identity theft and false impersonation.
Keirans' attorney argued in a court filing that Woods tried to steal thousands of dollars from his client, and described Woods as a "wrongdoer whose own conduct should mitigate any sympathy felt for him."
Woods is identified in court records from that time as Matthew Kierans, misspelling his tormentor's name. There's no record of how or why authorities came to identify him as such.
Woods told police the names of his relatives, and even offered to call the owner of the hot dog cart to prove his identity.
"They wouldn't let me," Woods said. He said the YouTube videos also proved his identity.
As Woods repeatedly disputed the identity authorities foisted upon him, a California judge found him not mentally competent to stand trial and sent him to a state mental hospital, where he received psychotropic medication, court records show.
Woods spent 428 days in county jail and 147 days in the mental hospital. He was released after agreeing to a no-contest plea — a case that has since been vacated. The Los Angeles County Alternate Public Defender's Office declined to comment.
Freed, Woods began a crusade to regain his identity, filing a string of reports. When he reached out to the University of Iowa Hospital, where Keirans was earning more than $100,000 a year, hospital security called the police.
Keirans initially told police that the victim "needed help and should be locked up," federal prosecutors said. But a detective tracked down the biological father listed on Woods' birth certificate and tested his DNA to confirm that Woods was his son.
"My life is over," Keirans said, when confronted with the results.
Woods is now back living in Albuquerque where he works as a landscaper. He said he plans to seek compensation for his wrongful incarceration.
"My main goal," he said, "is to rebuild my life."
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Associated Press researcher Jennifer Farrar in New York contributed to this report.
Albuquerque City Council expected to consider $30 million bond for soccer stadium - By Elizabeth McCall, City Desk ABQ
The Albuquerque City Council is expected to consider multiple bills Monday night, including a proposal to approve a $30 million bond for the New Mexico United stadium and a proposal to approve a city-wide social media policy. City councilors may also vote on a bill to create review boards for tax increment financing districts.
IRB FOR UNITED STADIUM
Last year, the council voted to move forward with building a professional soccer stadium at Balloon Fiesta Park after several appeals to stop the construction of the project. On Monday, the council will consider securing more money for New Mexico United to seal the deal.
The measure aims to approve a $30 million industrial revenue bond (IRB), which is a type of tax incentive for the project developer. Read more about bonds here.
Economic Development Director Max Gruner said the lease for the project requires United to secure an IRB.
“Essentially all we’re doing is bringing them over the finish line…this stadium does indeed provide a positive economic impact, which is one of the prerequisites that we need to establish before we can even entertain an IRB,” Gruner said.
SOCIAL MEDIA POLICY
The council approved a bill in November directing the city to create a social media policy for city employees that met certain guidelines. Now, Mayor Tim Keller’s office is asking the council to revert back to the city’s old policy that hasn’t been updated since 2022.
Councilor Renée Grout originally sponsored a bill asking the city to revisit its policy after the council called out the Albuquerque Police Department for controversial social media posts. During a recent Finance and Government Operations Committee meeting, Chief Financial Officer Kevin Sourisseau told councilors that the city doesn’t need “a new policy” and the administration believes its existing policy “covers the elements requested” in the bill. But some councilors aren’t thrilled with the idea.
Councilor Louie Sanchez said he was not going to support the city’s policy because the council had a firm stance on what it wanted and “for the administration to just go out there and snub their nose at the council is extremely concerning to me.”
Staci Drangmeister, a Keller spokesperson, told City Desk ABQ the administration feels like it addressed the council’s concerns.
“We do feel like, in good faith, we were sharing back a policy that met what they were asking for,” Drangmeister said.
TIF BOARDS
The council may also consider a bill — sponsored by Grout — that creates rules for oversight boards to oversee tax increment financing (TIF) districts.
Tax increment financing is a method that uses a portion of either property or gross receipts taxes toward improvement projects in a certain area. Read more about the council approving TIF for Downtown here.
The bill would direct districts that receive tax increment financing to create “TIF Boards” that would review projects and programs, with the justification that “transparency in the use of TIF funds fosters public trust and ensures that stakeholders are informed about the allocation and outcomes of tax increment revenues.”
HOW TO PARTICIPATE:
WHEN: 5 p.m. Feb. 3
WHERE: Vincent E. Griego Chambers in the Albuquerque Government Center, 1 Civic Plaza NW
VIRTUAL: GOV-TV or on the city’s YouTube channel
2 Navajo men and a business partner are indicted for illegal marijuana grow operations - By Susan Montoya Bryan, Associated Press
A federal grand jury has indicted a Navajo man, his father and a business partner on charges that they were running illegal marijuana growing operations in New Mexico and on the Navajo Nation to supply the black market.
The indictment was unsealed Thursday, a week after local, state and federal authorities raided the home of one of the defendants and two farms in a rural area east of Albuquerque that were no longer licensed by the state. Items seized included 8,500 pounds (3,855 kilograms) of marijuana, some methamphetamine, two firearms, $35,000 in cash, illegal pesticides and a bullet proof vest.
The charges against Dineh Benally, 48; Donald Benally, 74; and Irving Rea Yui Lin, 73, of California, include conspiracy to manufacture and distribute marijuana, possession with intent to distribute and polluting a protected waterway.
Prosecutors described the alleged operation as a brazen criminal enterprise and asked a federal judge to detain the men pending trial, suggesting in a motion that there was a risk the defendants would flee and that they were a danger to the community.
"The bottom line is that defendants are drug traffickers who operate in accordance with their own laws, so how can anything short of detention ensure the safety of the community or defendants' appearance in this matter," the motion reads.
Phone and email messages seeking comment were left Thursday for the defendants.
Dineh Benally first made headlines when cannabis farming operations in northwestern New Mexico were raided by federal authorities in 2020. The Navajo Department of Justice sued him, leading to a court order halting those operations.
A group of Chinese immigrant workers also sued Benally and his associates. The workers claimed they were lured to northern New Mexico and forced to work long hours trimming marijuana on the Navajo Nation, where growing the plant is illegal.
Just last year, New Mexico marijuana regulators revoked the license of the growing operation in Torrance County, east of Albuquerque. Regulators levied a $1 million fine, saying there were about 20,000 mature plants on site — four times more than the number allowed under the license. Inspectors also found another 20,000 immature plants.
According to the indictment, the enterprise involved the construction of more than 1,100 cannabis greenhouses, the solicitation of Chinese investors to bankroll the effort and the recruitment of Chinese workers to cultivate the crops. Dineh Benally also is accused of approaching the chief of police for the Navajo Nation in an attempt to bribe him with drug proceeds to allow marijuana to be grown on tribal land.
With armed guards securing the farms on tribal land, the indictment alleges, vacuum sealers were used to package marijuana and Chinese workers transported the drugs across state lines.
The defendants also are accused of violating federal clean water standards by installing a dam made of sandbags along the San Juan River to help irrigate the crops. Wells also were drilled to access water.
If convicted, the defendants each face no less than 10 years and up to life in prison, prosecutors said.
Los Alamos National Laboratory to use OpenAI’s models for national security research - Matthew Narvaiz, Albuquerque Journal
Los Alamos National Laboratory is partnering with OpenAI to conduct national security research.
The two entities, which announced the partnership in separate announcements, said LANL will install OpenAI’s latest o-series models onto its Venado supercomputer, which uses Nvidia chips.
“As threats to the nation become more complex and more pressing, we need new approaches and advanced technologies to preserve America’s security,” LANL Director Thom Mason said in a statement. “Artificial intelligence models from OpenAI will allow us to do this more successfully, while also advancing our scientific missions to solve some of the nation’s most important challenges.”
Under the agreement, up to 15,000 scientists associated with the U.S. Department of Energy’s National Laboratories, including those with Sandia National Laboratories and Lawrence Livermore National Laboratory, will have access to Venado and OpenAI’s installed o-series models, OpenAI said in a news release.
LANL officials said Venado will be moved to a secure, classified network that will allow researchers with those labs access to that resource.
The partnership comes at a critical time for artificial intelligence, which is being integrated into everyday life. It follows other projects between LANL and OpenAI, including research into AI’s role in lab safety.
Venado, which came online last year, was designed to make breakthroughs in areas such as renewable energy and astrophysics. It uses about 2,560 direct, liquid-cooled Grace Hopper Superchips from Nvidia to power its computing capacity.
OpenAI officials on Thursday said the integration of its o-series models in Venado will help researchers in treating disease, cybersecurity projects and “reducing the risk of nuclear war and securing nuclear materials and weapons worldwide.”
“This use case is highly consequential, and we believe it is critical for OpenAI to support it as part of our commitment to national security,” they added. “Our partnership will support this work, with careful and selective review of use cases and consultations on AI safety from OpenAI researchers with security clearances.”
Lab officials said national labs are best suited to “complement industry capabilities to harness AI for public good.”
“AI has sparked a new era of scientific progress,” LANL National Security AI Director Jason Pruet said in a statement. “With the capabilities from OpenAI on Venado, we have a chance to make contributions to the nation that seemed impossible just a few years ago.”
Lawmakers propose legalizing medicinal ‘magic mushroom’ use in New Mexico - Leah Romero, Source New Mexico
A group of lawmakers introduced a proposal Thursday to establish a program for medicinal use of psilocybin mushrooms.
According to a news release, Senate Bill 219, the Medical Psilocybin Act, would create a program for New Mexicans to receive medicinal treatment for pre-qualified behavioral health conditions such as major treatment-resistant depression, post traumatic stress disorder, substance use disorders, end-of-life care and others approved by the Department of Health.
According to the National Institute on Drug Abuse, psilocybin is a chemical found in certain mushrooms, often called “magic mushrooms,” which have historically been used recreationally or in traditional ceremonies. It is also being researched as a clinical treatment for substance use disorders and other mental illnesses.
“As an integrative psychiatry provider in the state of New Mexico I strongly support the need of new tools such as medical psilocybin, to assist the rising number of New Mexicans with mental health needs,” Deborah Thorne, a doctor of medical science and certified integrative psychiatry specialist in Las Cruces, said in a statement. “The Medical Psilocybin Act will provide an equitable, safe and well monitored means of offering this valuable medicine to many while strengthening the ongoing research at UNM.”
The bill would establish an advisory board, treatment equity fund and research fund, as well as remove psilocybin from the Controlled Substances Act to protect “qualified and registered patients, clinicians and producers,” according to a news release released jointly by the office of the Senate and House Democrats.
If passed, the law states that the program would be available by Dec. 31, 2027.
Cosponsor Sen. Craig Brandt (R-Rio Rancho) said in a statement that he is hopeful this treatment option will benefit his “fellow veterans” who may be dealing with post-traumatic stress disorder or other mental health conditions.
“When we’re facing epidemic levels of depression, anxiety, PTSD, and other debilitating mental health conditions, we owe it to those suffering to explore promising new treatments like psilocybin,” cosponsor Rep. Elizabeth “Liz” Thomson (D-Albuquerque) said in a statement. “By establishing a highly-regulated, state-run program, we can provide alternative options to those not responding to traditional treatment, in a safe, controlled environment.”
Sponsors introduced the SB19 on the floor Thursday and will present it in the Senate Tax, Business & Transportation Committee. The bill has not been set for committee as of press time.
Shipments of uranium ore can resume under agreement reached with the Navajo Nation - By Susan Montoya Bryan, Associated Press
Shipments of uranium ore from a revived mining operation just south of the Grand Canyon are expected to resume in February after the Navajo Nation reached a settlement with the mining company, clearing the way for trucks to transport the ore across the largest Native American reservation in the U.S.
The agreement announced Wednesday settles a dispute that erupted last summer when Energy Fuels Inc. began trucking ore from the Pinyon Plain Mine to a mill site in Utah. Navajo authorities attempted to put up roadblocks but the trucks already had left tribal roadways.
The dust-up spurred negotiations with the company and led the Navajo Nation to adopt emergency legislation to strengthen regulations for transporting radioactive material across tribal lands. The Navajo Nation and tribes elsewhere in Arizona, New Mexico and Utah have a long, sordid history of disease, death and contamination linked to mining that took place during World War II and the Cold War.
Energy Fuels' President and CEO Mark Chalmers acknowledged those longstanding impacts in highlighting the importance of the settlement.
"This has understandably caused mistrust toward the U.S. government and energy companies," Chalmers said, adding that he was honored to be able to work with the tribe to address the concerns and ensure transportation will be done safely and respectfully.
Energy Fuels already must meet standards spelled out by federal agencies when transporting uranium ore. The measures outlined in the agreement with the Navajo Nation provide additional layers of protection, company officials said.
The agreement also includes a pledge by Energy Fuels to help transport up to 10,000 tons of waste material from abandoned mines that are relics of the federal government's past uranium programs.
In addition to allowing the Navajo Nation to monitor and inspect transport trucks, there are provisions for financial compensation for improving safety and protecting the environment, said Stephen B. Etsitty, head of the Navajo Nation Environmental Protection Agency.
Shipments from the mine are expected to resume in February. They will be limited to specific routes and times of day, and no shipments will happen when the tribe is participating in cultural celebrations or other public events.
The tribe also is requiring the company to have clear emergency response procedures in place, provide adequate notice and ensure drivers have additional qualifications and training.
The trucks will be covered to prevent any dust from escaping along the route, and there are provisions for escorts and blessings as the tribe sees fit.
Stansbury pledges to fight for neighbors - By Rodd Cayton, City Desk ABQ
U.S. Rep. Melanie Stansbury, while addressing the New Mexico Legislature on Thursday, pledged to defend the most vulnerable New Mexicans as the second Trump administration pursues policies that target immigrants and put at risk gains made by marginalized communities.
Stansbury represents New Mexico’s 1st Congressional District, which includes much of Albuquerque.
“For those of you who are feeling scared and uncertain about the future in this country, know that we will fight to protect our communities and especially those who are most vulnerable,” Stansbury said. “We will work to ensure that New Mexico remains a safe haven for everyone across all of our communities, whether you are an immigrant or your people have lived here since time immemorial, whether your people came up the Camino Real, whether your people came here as homesteaders or as Buffalo Soldiers, or as members of the AAPI (Asian American and Pacific Islander) community.”
Stansbury, now the ranking member of the DOGE subcommittee of the House Oversight and Accountability Committee, said she expects the challenges ahead to be daunting and require the resolve of everyone who shares her goals.
“And so, I say to all of you, do not give up hope, because we have to continue to keep showing up, to keep doing the work,” Stansbury said. “Because justice will prevail, and we will continue to bend the arc of history towards justice.”
Without mentioning President Donald Trump or the Republican Party by name, Stansbury also urged them to consider the human impact those policies might have.
“For those of you who are embracing the changes you are seeing right now across our country, I ask of you, do not lose your humanity,” she implored. “Remember that we are your neighbors. Remember that there are people in our communities that need you. Remember that you took the oath of office to serve all New Mexicans, and we will continue to do this work together.”
She recalled taking her oath of office in 2021 and said her pledge is the same now as it was then.
“My promise to you is that I will work fiercely, relentlessly and with every ounce of grit, determination and heart to serve our people every single day in our nation’s capital and here in New Mexico,” Stansbury said. “And to fight for that big, bold and beautiful vision we have for New Mexico and our people.”
Vasquez says collaboration best path forward for NM - By Rodd Cayton, City Desk ABQ
U.S. Rep. Gabe Vasquez Thursday told the New Mexico Legislature that cooperation is key to the state’s future success.
Speaking during a joint session of the Senate and House of Representatives, Vasquez emphasized the importance of collaboration at state and federal levels to address New Mexico’s unique challenges and ensure a prosperous future for all who live here.
“In a time of deep division in our nation, New Mexico continues to be an example for the rest of the nation,” he said. “Here, our history runs deep, our people are proud, and even in disagreement, we work peacefully to find common ground, uplift all of our communities and work toward a future that benefits us all, because we have the same thing in common — we love this state.”
Vasquez’s address covered issues that included infrastructure, public safety, health care and immigration.
Vasquez represents New Mexico’s 2nd Congressional District, which includes parts of Albuquerque’s Westside and South Valley, plus the entirety of New Mexico’s border with Mexico. He told lawmakers he’s committed to achieving commonsense immigration reform.
He said that means policies that treat people humanely and modernizes border security. Vasquez said the approach being taken by President Donald Trump is wrongheaded.
“I want to make it clear — mass deportation operations and the proposed changes to birthright citizenship will harm our state’s economy, violate who we are as Americans, and violate the United States Constitution,” Vasquez said. “Hard-working immigrants contribute billions to our economy, from family farms to rural businesses and emerging industries, and I will continue to find solutions, not be part of this deeply divisive and political problem.”
He said policy should seek to stop crime and provide a fair shot at residency and citizenship to immigrants who contribute to American communities.
Vasquez concluded with a call for continued collaboration between state and federal lawmakers to tackle what he called New Mexico’s most pressing challenges, from health care and public safety to child poverty and workers’ rights.
“As we look ahead, I am inspired by the resilience and determination of New Mexicans,” Vasquez said. “Our shared values — family, community, and a commitment to justice — guide us in this work. Let’s continue to break down silos between federal and state governments, working hand in hand to address the challenges we face and seize the opportunities before us.”