Plain Talk

Rob and Jay talk about COVID-19 vaccines, face masks, and more.

A new ballot measure campaign seeks to amend North Dakota's state constitution to make it harder to amend the constitution. Specifically, it would require a 60 percent supermajority for any constitutional amendment on the ballot to pass. It would also limit each proposed amendment to just one topic. Is this good reform? Or a power grab or, as the Forum of Fargo-Moorhead put it in an editorial, a "stunt" aimed at weakening the voices of voters? Rick Gion, head of North Dakota Voters First, a group responsible for multiple constitutional ballot measures in the past, believes it's the latter. He talks it over with me on this episode of Plain Talk Live.

The rollout of the Johnson & Johnson vaccine has been paused across the nation. North Dakota is possessed of some of the highest rates of hesitance in the nation when it comes to COVID-19 vaccinations in general. What does the pause mean for you? How do we persuade people who are skeptical of any of the vaccines? Molly Howell, the Immunization Program Manager at North Dakota Department of Health, joins Plain Talk Live at 2 p.m. central time to discuss these issues.

Chad Oban is a long-time activist in North Dakota politics. He served as the executive director of the North Dakota Democratic-NPL and his wife, Erin Oban, is a state Senator from Bismarck. On this episode of Plain Talk Live, Rob and Chad will talk about the rise of the Bastiat Caucus in North Dakota, the fight over mask mandates, campaign finance transparency, and legislative pay. Plus, whatever else might come to mind!

A group calling itself Protect North Dakota's Constitution held a press conference today announcing a ballot measure campaign aimed at making changes to North Dakota's constitution a bit harder. Currently, outside of a greater number of signatures required on petitions for constitutional measures, it's as easy to amend the state constitution at the ballot box as it is to amend statute. This group wants that to change. "PNDC is proposing a constitutional measure proposed by the legislature or as an initiated measure should address a single issue and receive sixty percent or more of the votes cast in a statewide election for it to be approved," they state in a press release. The co-chairs of this campaign are Williston resident Jeff Zarling and retired North Dakota National Guard General Mike Haugen. Zarling will join me on this episode of Plain Talk Live at 1 p.m. to discuss the proposal.

Is North Dakota about to give the coal industry a handout? That's what critics of pro-coal legislation in Bismarck are saying, but there's another side of the story. Power sources like wind and solar have enjoyed decades of political favoritism. From heavy production subsidies to outright mandate for their use, the market has been skewed in their favor, to the detriment of baseload power like coal and even nuclear. But recent power outages and utility bill spikes show that we may have gone too far down that road. Now North Dakota lawmakers are considering a package of tax relief and subsidies aimed at helping keep our state's coal plants open, including the largest plant, Coal Creek Station near Underwood. For economic reasons, yes, but also for the sake of keeping our power supply in the region reliable and affordable. Sen. Jim Roers, a Republican from Fargo, joins this episode of Plain Talk Live at 3:30pm central standard time to discuss.

Rob and Jay talk about the officer-involved shooting in Brooklyn Park, Minnesota, and the resulting protests.

There is perhaps no political conflagration in America more intractable than our debate over border security and immigration. In the long run, we need policies that facilitate lawful immigration while giving no quarter to illegal entry into our country. In the here and now, we have a crisis at the southern border, with thousands upon thousands captured and detained while trying to make an illegal crossing, and thousands more successfully entering our country outside of our laws. North Dakota Congressman Kelly Armstrong visited the southern border this week and will share what he saw, and what we ought to do about it, on this episode of Plain Talk Live. "When we are talking to local law enforcement and local city officials, it becomes very clear that we have a broken immigration system," he said in a press release about the visit. "These are communities built on immigration. These aren't partisan issues down here. They are community issues and public safety issues. Because of the Federal government's failure to act, we are asking more of our local law enforcement agencies. That is taking away from citizens in these communities. It is taking away from deputies and their families and what they do." "We have to do a better job of providing resources to the communities, law enforcement agents, and the people who are dealing with this emergency. We have to do a much better job of talking about this issue and how it affects everybody who lives in border towns and everybody who lives across the country," he continued.

In Georgia, Major League Baseball reacted to the passage of election reform laws with a boycott. The sports league has moved its all-star game from Atlanta to Colorado. In North Dakota, a debate over legislation dealing with transgender athletes was dominated by rumors about what the NCAA might do to punish the state if it passed. Every day, much of America's political debate takes place in venues where corporate giants like Facebook, Twitter, and Google regulate the speech, either through direct human intervention or through filtering algorithms the companies have developed. Is this what we want? On this episode of Plain Talk Live, Rob and University of North Dakota political science professor Bo Wood talk about it. Also, President Joe Biden's administration wants a new infrastructure bill and tax increases, and will Congress, with Democrats in charge, pass gun control legislation? Send comments and feedback to [email protected].

On this episode of Plain Talk, Rob talks with David Owen of Legalize ND about the future of legalizing recreational marijuana in North Dakota now that the Legislature has shot down legalization efforts.

Rob and Jay talk about the controversy around the Georgia voting laws.

North Dakota Lt. Governor Brent Sanford talks about his work to find a buyer for Coal Creek Station, the state's largest coal-fired power plant, as well as the future of coal-fired power in the state in general.

Rob talks with filmmaker Matt Fern about his documentary, "Fighting over Sioux," about the years-long controversy over the University of North Dakota's former Fighting Sioux nickname.

In the very first live streamed episode of Plain Talk, Rob and podcaster Jonah Lantto of the Good Talk Network talk about COVID-19 vaccines, marijuana legalization, and cancel culture.

Rob and Jay talk about outrage exhaustion, marijuana legalization, and underage drinking.

Rob and Jay talk about transgender issues and vaccinations.

Rob and Jay talk about the headlines, including immigration.

Supporters of Rep. Luke Simons, an embattled Bastiat Caucus lawmaker from Dickinson who has been accused of harassing behavior by numerous women who work in and around the Legislature, have begun raising money for his legal defense. Simons currently faces no criminal or civil charges, though House Majority Leader Chet Pollert and other Republican leaders have called on Simons to resign and have said they'll consider expelling him from the chamber if he doesn't. How does one of the women who says she was harassed by Simons feel about the fundraising? "It's a slap in the face of the people who went through this," Rep. Brandy Pyle (R-Casselton) said on this episode of Plain Talk. Pyle detailed many "very uncomfortable comments" Simons has made to her, including asking her who was taking care of her children while she serves in the Legislature. Simons also told Pyle he had seen older pictures of her where she looked "like a schoolgirl." He told her she shouldn't wear her hair too long or she'd like "Indian" or "Chinese." "It's hard," Pyle told me. "You work very hard to get there and get the job. To be constantly undermined as a woman...it's frustrating." "I sat down with him two Fridays ago to talk about some of his behavior in our caucus meetings," Pyle told me, saying that Simons has been, "shouting and screaming and calling everyone hypocrites." The subject of Simons' ire in the caucus meetings was the Legislature's mask mandate - Pyle said Simons would "threaten to be forcibly removed from the floor for refusing to wear a mask" - but the issue wasn't his objection to masks. Pyle said it was how he was conducting himself. Both Simons and many of his supporters have suggested that the accusations are born of a political vendetta. Simons himself has blamed "liberals" for the scandals around him and has argued for "cleaning house" at Legislative Council where a number of the accusations against him have originated. Pyle says that's just not true. "I used to go to Bastiat Caucus meetings," Pyle told me, noting she quit going when the organization began charging $300 in yearly dues.

Rob and Jay talk about the scandal surrounding Rep. Luke Simons, as well as the problems with wind energy.

The fighting over close national elections can be vicious. We saw that last year in the heated battle between Joe Biden and Donald Trump where many of the latter's supporters made claims of vote fraud. But it's not a recent phenomenon. Turn back the clock and you find Democrats in the George W. Bush-era hatching conspiracy theories about Diebold voting machines. Given the reality of that sort of turbulence, does it make any sense to make the election process less transparent? Less open to public scrutiny? A bill before the Legislature in Bismarck would do just that. Senate Bill 2271, introduced by Sen. Robert Erbele, a Republican from Lehr, would hide the vote counts for North Dakota's presidential elections from the public. State officials would still be allowed to release percentage figures representing the share of the vote each candidate got, but the actual vote numbers would be a secret until after the Electoral College votes from each state are cast. Surprised you haven't heard of this bill? Don't be. It hasn't gotten much attention, despite having sailed through the Senate already on a lopsided 43-3 vote. It's "almost a politburo situation from Soviet Russia," Saul Anuzis said on this episode of Plain Talk. Anuzis is a long-time Republican leader - he led the Michigan GOP for years and was twice a candidate for chairman of the Republican National Committee - and of late is a proponent of an interstate compact promoting the national popular vote. He says Erbele's bill is being pushed by a lobbyist opposed to the national popular vote, the idea being that North Dakota can't participate in any national popular vote proposals if we don't report our popular vote totals. Anuzis called it "horrible public policy" and a "secret ballot situation" that conflicts with the basic principles of fair and open elections. He also said it conflicts with federal law. This debate isn't really about how you feel about the national popular vote. I'm deeply suspicious of proposals to change the status quo, including Anuzis' proposal. This is about government transparency. Our society has a hard enough time fighting against conspiracy mongers to get the public to focus on facts. That fight will only get harder if we take some of the available facts off the table. Delaying public reports of vote counts for any race on the ballot, up to and including the presidential races, shortens the time window in which potential fraud might be detected. Perhaps even worse, it could create an information vacuum in which conspiracies about vote counts can thrive. Other states, including South Dakota and New Hampshire, have voted down similar proposals. Anuzis' arguments in favor of a compact among the states to promote the national popular vote might not be your cup of tea, but that's not the point. However you feel about this issue, making our elections in North Dakota less transparent is not the answer.

"The policies surrounding renewable energies was a huge part of this problem," Congressman Kelly Armstrong said on this episode of Plain Talk. The "problem" in question are the power outages that have recently plagued Texas and a vast swath of the middle of America. For Armstrong, it illustrates not just the absurdity of the government promoting intermittent forms of energy like wind and solar to the degree it has, but also the need for a renewed commitment to energy infrastructure. It's not just the oil and gas pipelines targeted by frequently violent protests and activist litigators paid to obstruct and delay. "You think building a pipeline is hard, try building a high-voltage power line," Armstrong said. "The United States used to be the best country in the world when it came to infrastructure," he continued. "I don't think anyone believes that anymore." How has it been working in Congress during the Biden era? Armstrong said he was hopeful about some of the things President Joe Biden has said about bipartisanship, but he's not it turn up in the policymaking process so far. "The take is that Biden's willing to cut a deal, but his staff isn't." How much of that intransigence is a product of political bases that demand, with the fury of protests and social media campaigns, absolute loyalty to policy platforms? A great deal, Armstrong says. "If MSNBC came after me for 48-hours, do you think that would help me or hurt me with my voters?" Armstrong asks. It would help him, clearly, given North Dakota's political inclinations. "If you want to do a three-minute Fox News hit, [North Dakota] is a great place to be," he added.

Rob and Jay talk about summer school and insulin prices.

Power outages touched millions of Americans this week, including North Dakota Senator Kevin Cramer. "I actually had a 45-minute blackout," he said on this the 200th episode of Plain Talk. What can be done to prevent these sort of blackouts in the future? A lot of energy policy gets made at the state level, for a lot of excellent reasons, but from the federal perspective Cramer sees a two-pronged approach. One, the lavish production tax credit for wind energy, which provides some perverse and truly distortive incentives for energy companies to produce wind energy, needs to end. Two, both the marketplace and government regulators need to draw a distinction between baseload electrons, of the sort produced by coal or nuclear plants, and intermittent electrons which come from sources like wind. Also on this episode, Cramer responds to the controversy surrounding Senator Ted Cruz's trip to Mexico amid the Texas blackouts and the passing of conservative talk radio host Rush Limbaugh.

"We have a bit of a crisis in K-12 education right now," North Dakota Superintendent Kirsten Baesler said on this episode of Plain Talk. At issue is the COVID-19 pandemic and the impact it's had on the state's schools. While some of the testing and other measurements of academic progress vary from district to district, Baesler said her office estimates that as many as 25 to 28 percent of students currently aren't performing at grade level. The "chaos" of the pandemic "has had an impact on the learning of our students," Baesler said. What can be done about it? State lawmakers had charged Baesler with coming up with a list of proposals, and she's begun presenting the list she produced, with the input of teachers and other education stakeholders, at the on-going legislative session in Bismarck. Some of the top proposals? High-impact tutoring, social and behavioral interventions, and adjustments to the school calendar. That last may be the most provocative in terms of public response, but Baesler said how these proposals are implemented, if they're implemented, would probably look different in each school district. She said it's unlikely that districts would add days to their calendars, but parents and students will likely see some "tweaks" such as academic summer camps or weekend tutoring sessions. Other proposals Baesler's report brings up include creating a credentialed position called "health technician" at schools (think something akin to a school nurse) and hiring school counselors at elementary-level schools as well.

State Rep. Dave Nehring is a Republican from District 8, an area which covers what might fairly be described as the heart of North Dakota's coal industry. This gives Nehring an interesting perspective on the recent energy shortages that are turning off lights here in North Dakota and across the nation. "We can't afford to shut down any more coal plants," Nehring said on this episode of Plain Talk. Coal Creek Station, the largest coal-fired power plant in North Dakota, is located in Nehring's district. Its owner, Great River Energy, announced its shutdown last year, responding to political pressure against so-called "black electrons" and a marketplace that has been manipulated by green energy policies. Nehring sees the planned close of not just Coal Creek but coal-fired power plants across the nation as folly. "We're on an unsustainable path to grid unreliability," he said. What can be done about it? At the very least, "we need to keep the status quo," he said.

Rob and Jay talk about the arctic weather and what it's doing to the power grid.

In the late 19th century hundreds of small, short-line railroads were being bought up and consolidated into larger companies. Our nation's burgeoning economy was (and still is, in many ways) dependent on those railroad lines which, increasingly, were under the control of a shrinking number of people. Those people began using their monopoly over the transportation of goods to price gouge and manipulate markets. "If we will not endure a king as a political power we should not endure a king over the production, transportation, and sale of any of the necessaries of life," Republican Senator John Sherman said at the time. Sherman would ultimately give his name to the Sherman Antitrust Act, which continues to the basis of American antitrust law to this day. The point is that corporate hegemonies should be allowed to suppress free trade. Some argue that's exactly what's happening in the enormous and growing market of app development. That market is dominated by two companies. Apple, the manufacturer of iPhones, and Google, which operates the Android operating system used on phones from pretty much every single non-Apple manufacturer. Companies that sell digital services through these apps - think a subscription to a fitness app, or an in-app purchase in a game like Candy Crush - have to use Apple and Google's payment services and they have to pay a 30 percent fee for the privilege. "This is exactly the same thing" as the railroad monopolies of the 19th century says Lacee Anderson, spokesperson for the Coalition for App Fairness, said on this episode of Plain Talk. It is in this context that North Dakota's lawmakers take up Senate Bill 2333, which was introduced by Republican Senator Kyle Davison of Fargo. Mark Buse, who is a vice president for dating service Match.com, says his company supports the legislation. "The issue is that all app developers should be treated the same." Anderson suggested that Apple and Google have used their control of the app markets to drive out competitors for their own services. She also noted the recent controversies over the tech industry censoring political content as an argument in favor of breaking up these company's controls over apps. No other state has this sort of law in place, though others are considering it. Why should North Dakota lead the charge? It could encourage app developers to locate here in order to avoid Apple and Google's fees. Could Apple and Google cut North Dakotans off from their stores if this legislation passes? After all, our state is but a fraction of the markets those tech giants serve. Anderson says that would be an extreme and unlikely outcome.

During the COVID-19 pandemic, business owners and policymakers have had to walk a balancing act between acknowledging the very real dangers of the coronavirus outbreak and the terrible economic realities attendant to shutting down or restricting businesses. Keeping businesses open during the pandemic - a necessity because people still needed many of those businesses, and those businesses needed to survive - was a health risk for business owners, the employees, and the customers. How much of that risk should business owners be liable for? "Businesses need to be protected from lawsuits," Allison Ritter, spokesperson for the National Federation of Independent Businesses, said on this episode of Plain Talk. Her group represents more than 2,000 businesses in North Dakota alone, and almost all of them see the need for legislation making it clear what pandemic-era risks business owners are liable for and which they aren't. Ritter's group and other business interests are pushing for legislation that would limit liability for businesses that have opened and will continue to open during the outbreak. Three bills in the state House in Bismarck are addressing this issue. House Bill 1271, introduced by Rep. Marvin Nelson (D-Rolla), was already killed in a floor vote. House Bill 1376, introduced by Rep. Jim Kasper (R-Fargo), just got a "do pass" recommendation in committee and is headed to a floor vote. But the most comprehensive bill, and the one Ritter and her group prefers, is House Bill 1175, introduced by Rep. Michael Howe (R-Fargo), has already been approved by the House on a 77-17 vote and sent to the Senate for consideration. "A person is immune from civil liability for an act or omission resulting in damage or injury sustained from exposure or potential exposure to COVID - 19 if the act or omission was in substantial compliance or was consistent with a federal or state statute, regulation, or order related to COVID - 19 which was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure," that bill reads. Under that language, as long as a business owner took the precautions laid out by the local, state, and/or federal government, they're protected from liability. Bad actors can still be held accountable, but those who operated prudently have a shield. Ritter likened this to the responsibility business owners have for clearing snow from their premises. If they leave the snow and ice and someone gets hurt, their liable, but if they take appropriate steps to clear the snow and remove the ice and someone gets hurt anyway their liability is greatly diminished.

Rob and Jay talk Super Bowl, social media outrage, and an update on what's going on at the Legislature in Bismarck.

"She didn't violate a rule in Congress," Congressman Kelly Armstrong said, referring to Georgia congresswoman Marjorie Taylor Greene. Greene has come under fire for numerous comments she's made on social media and elsewhere supporting conspiracy theories about the 9/11 attacks and school shootings. "There's no defending the things she's said," Armstrong said on this episode of Plain Talk, but argued that it's up to the voters in Georgia, not the majority party in the U.S. House, to hold her accountable. Armstrong says he's worried that the actions against Greene - she was stripped of her committee assignments over the objections of most of the Republican minority - are another example of "escalating issues" that have the majority party imposing its will on the minority. The congressman also discussed legislation he's introduced to move the Keystone XL pipeline forward. President Joe Biden has littered his first days in office with a flurry of executive orders, many of them aimed at the oil, gas, and coal industries. One of the most notorious has been the canceling of a permit for the Keystone line to cross the U.S./Canadian border. Armstrong said his bill would remove the necessity for that presidential permit, and he also said our nation needs to create more regulatory certainty around these projects. It's not fair, or good for the nation, he argued, for an already-issued permit to be suddenly rescinded when the political winds blow in a different direction.

Shelley Lenz and Cesar Alvarez are two Democratic-NPL candidates who have lost previously on the ballot but think they have ideas that can help Democratic candidates start to win in North Dakota. "Scrap the current platform," Lenz said on this episode of Plain Talk. "It's not resonating." Lenz and Alvarez want to be chair and vice-chair of the Democratic-NPL, and they want to organize the party around a platform of a half-dozen or so policy proposals. The party needs to "simplify our platform" to a more "legislative platform we can campaign on." They also argue that the state party needs to broaden its appeal in North Dakota. "We need to start winning some of these races in western North Dakota," Lenz said. "What do we have, one lawmaker elected west of I29?" she continued. It's actually a few more than that, but not many, and the point is well-made. So how do Lenz and Alvarez plan to help the Dem-NPL make inroads into western North Dakota at a time when, at the national level, the incoming administration of President Joe Biden is already issuing orders that harm the oil and gas industry? Neither offered a lot of specifics during the interview - the tired shibboleth about "all of the above" energy made an appearance - but Lenz did express a willingness push back against the national party's hostility to oil and gas and coal. "Energy and food will always come from rural areas," she said. "That's why we need to shape the national party on energy and food." Alvarez is a member of the Mandan, Hidatsa, and Arikara Nation, whose tribal lands make up the heart of western North Dakota's oil fields. "You'll get no anti-oil stuff from me," he said. "Our platform isn't anti-Republican," Lenz said. Alvarez echoed this saying he and Lenz are "not focusing on vilifying the other side." "You can't thrive in rural America without being conservative," Lenz continued.

Should North Dakotans be allowed to open and patronize cigar bars? Rob and Jay talk about it, also legislation aimed at seat belts.

"Even markets can be irrational," Senator Kevin Cramer said on this episode of Plain Talk. He was talking about activist investing which has ballooned stock prices for companies like video game retailer Game Stop and movie theater chain AMC, hitting bear investors who had placed bets on those prices declining right in the pocketbooks. What should be done about it? Nothing, says Cramer. At least not right now. He says he's waiting to see how things play out. Cramer also spoke about the impending impeachment trial for former President Donald Trump. The Senator has already cast a vote in favor of a motion declaring the trial unconstitutional but says he won't make up his mind on whether to vote guilty until after he sees the evidence. Still, given his vote on the motion, it seems unlikely he'd vote for Trump to be guilty. Cramer acknowledged that while he didn't approve of Trump's actions before, during, and after the riot at the U.S. Capitol, he didn't think it rose to the level warranting conviction. But even if Trump isn't convicted, is he someone Republicans should be following going forward? Trump is working on remaining a relevant force in the Republican party. "He's going to be," Cramer said. "He's going to have as much influence as he wants to have."

"This bill changes the legal guidelines." That's what former North Dakota Treasurer Kelly Schmidt had to say of a proposal, currently before the Legislature in Bismarck, which would invest 20 percent of the billions in the state's Legacy Fund in North Dakota businesses and infrastructure. Private entrepreneurs could access that capital to start up or expand their businesses. Also, local communities could access the money to finance infrastructure projects cheaper and quicker than they are at present. The Legacy Fund is already invested in these sort of things, just not in North Dakota. Currently, less than 2 percent of the Legacy Fund is invested in North Dakota. Schmidt spent 16 years at Treasurer before declining to run for another term last year, and that means she spent 16 years on the State Investment Board which oversees the Legacy Fund's fiscal management. Her objection to the legislation - it's House Bill 1425, introduced by Rep. Mike Nathe (R-Bismarck) and backed by Insurance Commissioner and SIB member John Godfread - is that it modifies what's called the prudent investor rule. "It's never good to make an exemption to the prudent investor rule," she told me, arguing that the rule is more than North Dakota law but a standard in the investment world. Nathe's legislation modifies it because the goal is to prioritize investment in North Dakota, even if there are better returns available through investments in other parts of the world. Schmidt says she's not against investing in North Dakota, and argues that the State Investment Board hasn't been against it either, but she worries about the Legislature mandating types of investment that might have a too-dramatic impact on the Legacy Fund's earnings. Some in political circles have suggested that Schmidt's opposition to this proposal may be born of a potential job waiting at one of the money management firms the state uses for Legacy Fund investments. Schmidt denied this, calling it a "lie," though she didn't entirely close the door on that sort of gig. She said her plan now is to spend time with her family but added, "if God has a plan for me moving forward I may be open to that, but there are no offers on the table."

President Joe Biden's brand new administration has already taken swift action, by way of an executive order, on all manner of policy fronts. One notable area is energy, where Biden has already withdrawn an already-issued permit for the Keystone XL pipeline. Now he's expected to sign a new order halting new oil and gas development on federal lands. What could this mean for tribal lands? "It's not good," North Dakota Indian Affairs Commissioner Scott Davis said on this episode of Plain Talk. Davis, who is a member of Governor Doug Burgum's administration with family roots in both the Standing Rock Sioux and Turtle Mountain Chippewa tribes, expressed no small amount of "frustration" with the Biden administration for taking this step. "You can't just turn the light switch on and off on a whim," he said. Oil and gas production is hugely important to the people of the MHA Nation whose lands are located in central and western North Dakota. According to Davis, among America's energy-producing tribes, the MHA Nation is "definitely the top." Development on their lands represents roughly a fifth of North Dakota's total oil output. Davis says the tribe has enjoyed a financial windfall from oil development, the revenues of which have been directed toward building schools, health care facilities, and needed infrastructure. If Biden's moratorium stops oil and gas leasing on the MHA Nation's lands "it would set them back 30 years," according to Davis. "They have a trust responsibility to tribal communities," Davis said of the federal government. I asked Davis if he knew if tribal leadership in North Dakota was consulted by the Biden administration on this order. "Not to my knowledge," he told me. Native Americans are the "most regulated people in America," Davis said, adding that he's afraid this abrupt decision by the Biden administration could set a precedent for other policy areas like education.

Rob and Jay talk about a bizarre DUI case before the North Dakota Supreme Court as well as a bill that would reimburse lawmakers for meals.

North Dakota's Legacy Fund, since it was created by the Legislature and approved by voters in 2010, has turned a slice of the state's oil tax revenues into a nearly $8 billion balance. That balance is invested in stocks and bonds across the nation, and the world, including in some ways that, as a moral matter, we shouldn't be happy about. Almost none of it is invested in North Dakota. Rep. Mike Nathe wants to change that. Or, at least, the part where practically none of these North Dakota tax dollars are invested in North Dakota. He has proposed legislation that, if passed, would require that 20 percent of the Legacy Fund's balance (he pins that number at about $1.4 billion) would be earmarked for investment in North Dakota. It would be available as capital not just for companies and start-ups, but also for infrastructure. He talked about the proposal on this episode of Plain Talk. North Dakota has long been plagued by a shortage of capital. It's hard for companies that want to do business in our companies to find investment. Economic diversification is another long-standing issue dilemma for the state. While our most dominant industries, agriculture and energy, have created no small amount of prosperity here, they're also commodity-based and prone to volatility. The state's leaders have long seen this as having our eggs in too few baskets, but a solution hasn't been obvious. Nathe's bill, which has broad support including from legislative leadership, is aimed squarely at those problems. Not only would companies looking to operate in the state have access to more capital, but the funds could also be invested in cheaper financing for needed infrastructure (think things like sewage plants and bridges). Since the state would essentially be lending money to itself, that process would be faster and less of a financial burden to taxpayers. What better use could there be for the Legacy Fund than to address some of North Dakota's legacy problems?

Rob and Jay talk about gun control legislation, the Capitol riot, and a bill that would end an exemption for clergy when it comes to mandatory reporting of child abuse.

"Trump is the best President of my lifetime," Senator Kevin Cramer told me on this episode of Plain Talk. It's a statement he's made publicly many times, even after the ugly events in Washington D.C. on January 6. But Cramer is also critical of President Donald Trump. He has accused Trump of inciting the crowd before the riot, he criticized the president for his conduct during and after the riot, and he said Trump's recent address, finally conceding the election and calling for peace, was tardy. When asked if Donald Trump, after the riot at the capitol, is an effective messenger for Republicans and his movement Cramer said, "I doubt that he is, quite honestly." Should President Trump be impeached and removed from office? That's "exactly the sort of activity that is not conducive to healing this nation," he said. He also believes that Trump does not meet the requirements for removal by his cabinet under the 25th amendment. The text of that amendment states that the President can be removed from office when the Vice President and a majority of cabinet members feel that he or she is "unable to discharge the powers and duties of his office. What really seems to be frustrating Cramer is that the events at the end of Trump's term in office are going to overshadow the accomplishments on tax policy, energy and agriculture regulation, and foreign policy that he's proud to have helped the President enact. "As Republicans distance themselves from Donald Trump the person we have to hold onto his ideas," Cramer said.

Rob and Jay talk about the latest coronavirus news.

Rob and Jay talk about North Dakota's new mask mandate.

Rob and Jay talk election results, Twitter bans, and District 8 controversy.

As the votes continue to be counted, President Donald Trump, which no real evidence, is making accusations of a fraudulent election. How does North Dakota Senator Kevin Cramer, a staunch Trump supporter, feel about it? "I don't think it helps him," Cramer said on this episode of Plain Talk. "Do I condone everything President Trump says? No," Cramer also said. But he also said he understands the President's feelings. "I don't blame President Trump for his level of frustration," Cramer said citing what, at this point, seems to have been some wildly inaccurate public polling and some dubious vote-counting procedures in states like Pennsylvania. Cramer also spoke about some state-level politics, weighing in on the controversy in District 8 where Governor Doug Burgum, lawmakers, local party leaders, and the Democrats are all squabbling over who should get to sit in a legislative seat voters elected a dead person to.

Who will win the election? Rob and Jay discus.

Former North Dakota Governor Ed Schafer does not support Measure 2. He does not believe the Legislature should get a chance to overturn a ballot-box vote to enact a constitutional amendment. Measure 2 would amend the state constitution to make it so that constitutional measures approved at the ballot box would also have to be approved by both houses of the Legislature. If one or both houses voted against the amendment, it would go back to a second statewide balloting allowing voters to overturn the Legislature's veto. I don't agree with Ed, and on this episode of Plain Talk we debate the issue, but we did find one area of agreement. Whatever happens with Measure 2 next month, it's clear the status quo in North Dakota's initiated measure process is broken. Schafer and I spoke of potential policy curatives ranging from finance reform for initiated measure campaigns to bans on paid signature collectors to limiting measures to one policy change each.

"Trump has brought the rural voice back into play," Shelley Lenz told me on this episode of Plain Talk. Lenz is the Democratic-NPL candidate for governor, challenging Republican incumbent Doug Burgum, and while she clearly doesn't like Trump overall, she is critical of her own party for not paying enough attention to the priorities of rural Americans. "Urban Democrats are misinformed," she told me. Much of our conversation, as you might expect, focused on the COVID-19 pandemic and Burgum's response to it. Lenz says Burgum has "failed" by, among other things, not paying enough attention to the advice from medical experts. "He's not a doctor," Lenz said. She also spoke about her "homegrown prosperity" platform that would seek to promote more investment in North Dakota.

Is it even worth debating a mask mandate anymore? Rob and Jay discuss.

This episode of Plain Talk was intended to be a conversation with both of North Dakota's candidates for Superintendent. Sadly, the incumbent, Kirsten Baesler, opted not to participate, claiming she didn't have enough time to make it work, though she did offer me a one-on-one interview later in the week. Go figure. The challenger, Brandt Dick, did offer his time, and our conversation covered everything from why Baesler shouldn't get another term to test scores for North Dakota students to school choice. "She thinks that she...has it in the bag," Dick said of Baesler's decision not to participate in our discussion, alluding to other situations where he says Baesler has declined to engage him. "She's concerned to enter into a debate." Dick says one of the biggest challenges facing North Dakota right now is an on-going transition in the way local schools are funded. The new formula was launched under former Governor Doug Burgum, but the state and school districts are still grappling with an equitable distribution of funds. He also criticized Baesler for failing to talk about how to transition North Dakota students back to classrooms in places where that's not happening because of the pandemic. "I have yet to hear her say...that we need to transition to get education back face-to-face," Dick told me. How as North Daktoa's students been performing under Baesler? "As a state we've been going the wrong way" on test scores, Brandt said, though he acknowledged that scores aren't the only metric for student success and that the superintendent's role in them is limited. Dick says he supports the idea of school choice for things like homeschooling and private schools, and that he actually started his education career at a religious school in Bismarck, but he has concerns about sending public dollars to private institutions which don't have an obligation to accept all students, including those with special needs. He also says schools could do better in guiding students into what happens after graduation. "For a while we were pushing too many kids into college," Dick said, adding that he'd like to see students given options like technical schools and other paths to success. What's important for schools to instill in students, in a modern economy where lifetime careers are increasingly not the norm, is "grit" Dick said. An ability to be respectful and resilient.

Rob and Jay talk about President Trump and the coronavirus, masking, and Measure 1 and 2 on the November ballot.

What are we going to do with the Legacy Fund? There are a lot of things, and they generally fall into two broad categories. One is how the fund is invested, the other is what we do with the returns. Insurance Commissioner Jon Godfread, who serves, as a part of his official duties, on the State Investment Board which oversees the investments of the Legacy Fund, has an idea for the latter of those categories. Currently, the Legacy Fund has approximately $7 billion, and almost all of those dollars are invested outside of North Dakota. Nearly $1.7 billion of that total is not only invested outside of North Dakota, but outside the borders of the United States, including more than $107 million worth of investments in communist China. Godfread doesn't necessarily want to address that specific issue, but he does want to focus some of the Legacy Fund's investments in North Dakota, and he talked about it on this episode of Plain Talk. Currently, the SIB uses 32 money managers to guide investments. Godfread would like to add a 33rd called the North Dakota Investment Advisory Committee (IAC). The committee would be tasked with identifying good investments within the borders of North Dakota. Those investments would pay returns to the Legacy Fund just like any other investment. This is not a plan to "spend" the Legacy Fund, only a proposed shift in how some of the fund's dollars are invested. In addition to the direct investment returns, Godfread said the state a whole would benefit from the infusion of capital to entrepreneurs and projects that will, in turn, create more jobs and economic activity in our state.