Plain Talk

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.

Measure 2 is a constitutional amendment, put on the November ballot by the Legislature, which would change the initiated measure process for constitutional measures. Activists would still collect and file signatures the same way, but if a measure amending the constitution is passed by voters, it wouldn't immediately be enacted. It would first go to the Legislature for an up-or-down vote. If the Legislature approves, then the measure is enacted. If the Legislature votes it down, the measure automatically goes on the next general election ballot for another vote of the people. If approved again, then it is enacted. Oh, and Measure 2 would require that constitutional amendments only be placed on November general election ballots, as opposed to June primaries. On this episode of Plain Talk, Measure 2 opponents Ellie Shockley and Dustin Gawrylow try to convince me that the changes are a bad idea. They didn't succeed, but I think our conversation is illuminating, both of the issues around Measure 2 the initiated measure process in general.

Rob and Jay talk about Rep. Rick Becker wanting to be North Dakota's new state health officer, and the upcoming presidential debate.

Cramer talks Supreme Court and other topics during his regular appearance on the podcast.

"I have to own the miscue," Governor Doug Burgum said on this episode of Plain Talk. He was referring to a quarantine order issued by his administration earlier this week which carried with it a misdemeanor criminal charge for anyone who violated it. The order applied to people who came into close contact with someone positive for COVID-19. Burgum said interim State Health Officer Dr. Paul Mariani noticed, upon taking his new position, that in the area of quarantines North Dakota wasn't in compliance with CDC guidelines. "He wanted to align those two things," Burgum said. The result was the now-rescinded order, which included the misdemeanor charge because state law requires that to be the penalty for disobeying orders from the SHO. "We know the government telling people what to do in North Dakota doesn't work," Burgum said, adding that his administration's goal is "compliance" and not punishing people. "It didn't flag for me personally...that we were going to have the storm of reaction we did," Burgum said. He said he'd like to work with the Legislature in the next session to give the SHO position some flexibility to issue orders without a criminal consequence for violating them. "There wasn't a way for us to say that's an infraction instead of a misdemeanor," Burgum said, adding that he'd like to "get people to stop focusing on the penalty."

Jodi Meisch and Will Thompson are two Democrats in North Dakota's 22nd legislative district. They are hoping to unseat to Republican incumbents, Rep. Brandy Pyle and Rep. Michael Howe. On this episode of Plain Talk, they talk about the issues that are important to them, both big and small. We also delve into the complicated policy problems presented by property taxes and local control, as well as the difficulties inherent to campaigning as a Democrat in a state, and legislative district, that has come to view that political party suspiciously.

Democratic-NPL gubernatorial candidate Shelley Lenz takes questions and talks about her campaign. Also state Rep. Scott Louser (R-Minot) makes the pitch for Measure 2.

Rob and Jay talk about some recent fire at a Minot City Council meeting, and controversy over a Native American statue in Carrington.

Rob and Jay talk about a report connecting some 250,000 cases of coronavirus to the Sturgis motorcycle rally in South Dakota.

North Dakota has come "dangerously close" to not having the power it needs. That's what Secretary of Energy Dan Brouillette said on this episode of Plain Talk. He said that political policies favoring energy sources like wind and solar are "distorting the economic viability" of baseload energy like coal. Secretary Brouillette said he wasn't going to criticize a company like Great River Energy, which announced earlier this year that they would be closing down North Dakota's largest coal-fired power plant because they're reacting rationally to a distorted market place. Still, with baseload energy sources like coal plants shutting down, it's putting Americans, generally, and North Dakotans, specifically, at risk. "If anyone misses the point of why baseload energy is important...look at California," Brouillette said. The Secretary is visiting North Dakota to review the nuclear missions at the Minot Air Force Base and to participate in roundtable discussions about the challenges facing the oil, gas, and coal industries, issues he also addressed in this episode.

Jay and Rob talk about the North Dakota Supreme Court kicking Measure 3 off the ballot.

On this episode of Plain Talk Dr. Robert Redfield, the director of the Centers for Disease Control in Georgia, talks about the COVID-19 impact and how America, generally, and North Dakota, specifically, is handling it. One point Redfield made is that elected officials need to avoid making sweeping policies, instead tailoring responses to the needs of specific areas. "We need to be more surgical," Redfield said, echoing something Governor Doug Burgum has been saying about responding to the pandemic "using a scalpel not a sledgehammer." Asked how North Dakota is doing in its handling of the outbreak, Redfield offered a risk assessment. He said the CDC considers a state in the "red zone" if it has more than 100 active cases per 100,000 citizens. "North Dakota has about 151 per 100,000," he said, though he added that another measure his agency looks at is the percentage of tests being conducted that are coming back positive. A 10 percent rate puts a state in the red zone, per the CDC. Redfield noted that North Dakota's daily rates are typically coming back under 6 percent. In a recent column, I noted that just about everyone in North Dakota who is testing positive for the virus is recovering with most - around 95 percent - not even needing to be hospitalized. In response, some argued that even those who recover may face long-term health challenges resulting from having the virus. I asked Dr. Redfield about that. "It's unknown territory," he said, noting that the virus has only been with us for a matter of months. It's something the CDC is tracking, but he expects that healthy people without "co-morbidities" (which is to say, other health issues) who get the virus will likely recover and be fine long-term.

Jay and Rob talk about the Trump vs. Biden race, and the group calling itself North Dakota Voters First which is pushing Measure 3.

Incumbent Congressman Kelly Armstrong, a Republican, debates Democratic challenger Zach Raknerud on issues ranging from marijuana to criminal justice reform to energy development and the postal service.

Rob and Jay talk about the election and mail-in voting.

Rob and Jay talk about North Dakota's cap on state liability, President Donald Trump's attempted suspension of payroll taxes, and coronavirus news.

Rob and Jay talk about re-opening schools during the pandemic.

Rob and Jay talk about the coronavirus and masks.

Rob and Jay talk about coronavirus, mask mandates, and employee bonuses for the state of North Dakota.

In a recent tweet, President Donald Trump criticized a portion of wall built along the American southern border by a private group of his supporters. "I disagreed with doing this very small (tiny) section of the wall, in a tricky area, by a private group which raised money by ads," Trump wrote, responding to media reports claiming this section of the wall is facing problems from erosion. "It was only done to make me look bad, and perhaps it now doesn't even work. Should have been built like the rest of the Wall, 500 plus miles." This portion of the wall was built by Fisher Industries, a North Dakota company that has also received contracts from the federal government to build hundreds of miles of southern border wall. "I don't know what got into the president," Senator Kevin Cramer said when asked about the situation on this episode of Plain Talk. "It's only mildly interesting to me, to be honest," Cramer added, noting that he hasn't spoken to the President or any White House staff about the situation. He did defend Fisher's wall construction, including the portion the president criticized. "I don't think he said anything about Fisher Industries specifically," Cramer said. "The President is nothing if not spontaneous," Cramer replied when asked if the tweet frustrated him. "I don't get frustrated. He also speaks in hyperbole. A lot of people don't understand that." Cramer also discussed the Pentagon's new policy about which flags can be displayed at military bases that excludes Confederate flags and the roller-coaster legal fight over the Dakota Access Pipeline.

Rob and Jay talk about re-opening North Dakota's schools amid the coronavirus pandemic.

Rob and Jay talk about mobs tearing down statues across the United States.

"He liked watching him on the shows." That's what Senator Kevin Cramer said on this episode of Plain Talk, responding to a question about why President Donald Trump would have hired John Bolton in the first place. Bolton is currently peddling some salacious stories about his tenure in the Trump administration, and that has earned him quite a bit of condemnation from Republicans, up to and including the President himself. But Bolton is hardly the first member of the Trump administration to depart under stormy circumstances, and while the President doesn't have anything nice to say about them, the fact remains that he hired them in the first place. Per Cramer, Bolton apparently got his job because he had a "bareknuckle" style during his cable news appearances. Cramer also addressed the NDGOP's Treasurer race, which saw state Rep. Thomas Beadle emerge as the winner over the Senator's preferred candidate Dan Johnston. Cramer helped orchestrate an endorsement for Johnston from Trump, but that wasn't enough to put him over the top. "I'm still glad I supported him," Cramer said of Johnston. Asked if Johnston's loss is an indication that Trump has lost popularity in North Dakota, Cramer said "no, not at all." Would Cramer be open to making Juneteenth a national holiday? "I'm not ready to do that, but I'm open to the discussion," he said, adding that he'd like to review all major holidays to ensure that the calendar isn't getting too full of federally-recognized days.

Does North Dakota need a special session? House Minority Leader Josh Boschee, a Democratic lawmaker from Fargo, thinks so. He is one of a group of Democratic lawmakers who are requesting a special session to address the impacts of the coronavirus. One major issue Boschee would like handed is some $1.25 billion in federal funding North Dakota is receiving to help address the COVID-19 situation. As it stands now, the executive branch will decide how that money is spent, specifically, and the Legislature's Budget Section Committee will say "yea" or "nay" to the decision. That committee can't do anything more than that. If they do, it would be unconstitutional, since a mere committee of the Legislature cannot, on its own, legislate. Also, membership on that committee is limited. Many parts of the state have no representation on it. Boschee thinks the whole Legislature should get to weigh in on the issue, as well as other problems facing the state, such as looming budget shortfalls and public health policy.

Rob and Jay talk about another billionaire-backed initiated measure for North Dakota, though this one is being pitched under false pretenses.

Both North Dakota and the nation are grappling with the task of returning our society to some semblance of normal while still keeping in place appropriate measures to address the COVID-19 pandemic. On this episode of Plain Talk, Arik Spencer from the North Dakota Chamber of Commerce talks about some protections his organization feels business owners need to help them get back to employing their employees and serving the public. He noted that many businesses, like restaurants as one example, are afraid to re-open out of fear they'll be liable if an outbreak of coronavirus happens in one of their facilities. Similarly, businesses that shifted their work over to producing things needed during the pandemic - breweries, for instance, which started making hand sanitizer - are worried they could be sued if those products, which they don't typically produce, were faulty. "Can they be sued for trying to be a good Samaritan?" Spencer asked. What he'd like to see is legislation, preferably at the federal level but also at the state level if need be, which would protect businesses that acted in good faith from liability. Spencer says he's heard from some of his members in North Dakota that law firms are advertising looking for clients who feel they were impacted by coronavirus. A law making it clear that businesses which followed the government's guidelines are protected from liability would help our state, and the nation, get back to work. "Let's not inhibit them anymore. Let's get people back to work," Spencer said.

"To say that money buys elections in North Dakota is a little bit insulting to the people of North Dakota," Governor Doug Burgum said on this episode of Plain Talk. He was addressing a question about the criticism he's faced for spending millions, much of it his own money, on promoting his preferred slate of candidates in the North Dakota Republican Party's recent primary election. "There's so much more than money in politics," he added, arguing that the candidates he backed won because they persuaded voters. "People win in North Dakota when they've got the right message," he continued. Some have suggested there is growing discord between Burgum and Senator Kevin Cramer, a fellow Republican. These suggestions have sometimes come with speculation that Burgum might challenge Cramer for his Senate seat. "I'm trying not to laugh," Burgum said when I asked him about that, saying he would not ever think of challenging Cramer. In fact, he's not interested in a job in Congress under any circumstances. "The last thing in the world I would want to be is a Senator or Congressman," he said.