566: Gov. Armstrong and Attorney General Wrigley are at odds over criminal justice reform

Plain Talk

The public and media reaction to Gov. Kelly Armstrong's first address to the state Legislature has focused on his bold and aggressive plan for property taxes. That's understandable. There's a near-consensus in the state's political circles over property taxes being the most pressing issue facing this legislature. But Armstrong's state-of-the-state address telegraphed another hot issue that could put him at swords' points with another of North Dakota's top elected officials.

During the 2023 session, Attorney General Drew Wrigley was combative with lawmakers who opposes his efforts to implement new mandatory minimum sentences in state law. Ahead of the 2025 session, he told reporter April Baumgarten that he will "lock horns" on the issue again. But during Armstrong's address, he made blunt reference to the fact that North Dakota's jails are full.

On this episode of Plain Talk, I asked the governor if there's tension between his stance and Wrigley's. It seems there is.

"I don't think we have the space" in the state's jails and prisons, Armstrong said. He added that his staff was briefed on Wrigley's plan the same day as his address and that he "hasn't even looked" at the legislation Wrigley is backing. When asked directly if it were something he'd support, Armstrong said, "I don't know yet," though he added that he's never seen a mandatory minimum sentencing bill that he's supported.

"It's expensive to incarcerate people," he said. He promised during his address, and during our interview to be working on what he described as the "cheapest and quickest way to free up prison space," but wasn't ready to provide details, saying he'll announce the plan during a budget address further into he session.

Armstrong is a former defense attorney — he described himself as an "old street lawyer" during our interview — and has been passionate about criminal justice reform since he was first elected to the Legislature as a state Senator in 2012. Wrigley, too, is outspoken on the issue. We could see some fireworks.

Armstrong also discussed his property tax plan with co-host Chad Oban and I, and former U.S. Senator Heidi Heitkamp also joined to discuss the demise of the so-called "Chevron doctrine" in American jurisprudence, which may be the most consequential political issue you've never heard of.

Why is Congress so dysfunctional? Because they aren't writing laws anymore, instead punting them to regulatory agencies in the executive branch. Why are presidential politics out of control? Because the power Congress has ceded to the executive branch has raised the stakes for presidential elections through the roof.

"Congress needs to exercise its Article I authority and write the laws," Heitkamp said. She's leading a bipartisan group creating a roadmap for Congress on how to reclaim that authority. It's a fascinating discussion, and not nearly as boring as it may seem.

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