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PROTECTIVE NETTING AND ELECTIONS

Vignettes

By Doug Pugh 4 min read
Pugh

I'm concerned. I suspect you are as well.

That old expression, "If it's not one thing, it's another," applies more often and more intensely now. It's like a foul ball coming out of left field that shatters your windshield, immediately followed by a wild pitch that takes out a headlight.

A more ominous, but related example is the foul ball that, on August 25, 2018, killed Linda Goldman while she was seated in Dodger Stadium watching a game between the Dodgers and the Padres.

The protective netting was too low.

So, here we are, you and I, sitting in the upper deck watching the game. Foul balls are being hit our way--the last one harder and closer than the one before. The protective netting is not what it used to be: the result of negligence, poor maintenance, or a breach of trust?

In a column from March of this year, "A Dog's Death and Archway Cookies," I referenced the deaths of Renee Good and Alex Pretti. Both were homicides occasioned by the actions of federal law enforcement agents.

Normally, when such incidents occur, local and federal law enforcement cooperate to gather and evaluate relevant evidence.

But this didn't occur in the Good or Pretti cases. Federal authorities denied Minneapolis police investigators access to the crime scenes and refused to share evidence. Nor would they discuss the incidents with the victims’ families, an omission that continues to this day.

I reached out to our Congressman Jack Bergman about this lack of cooperation. He supported the "internal" investigation that was occurring; one that allowed Federal law enforcement agents to investigate possible criminal conduct by one of their own to the exclusion of an independent inquiry.

We have all seen videos of these shootings. Clearly, an independent investigation by an "external" investigative authority was merited.

Law enforcement officers' actions are entitled to appropriate immunities designed to protect them from unjustified criminal prosecution and civil litigation. They must routinely respond to split-second, sometimes life-threatening situations in which mistakes predicated upon honest misperceptions can and do occur.

However, this immunity is not unlimited; some homicides committed by law enforcement are not justified, and those who commit them should be held accountable. Without accountability, actions can be arbitrary.

The foul ball that killed Linda Goodman was unintentional. Responsibility and accountability were accepted for that unfortunate occurrence. The netting was raised.

If a batter intentionally hit a ball aimed at us with the net down, Congressman Bergman would support an internal investigation. But there would be no assurance it wouldn't happen again.

It wouldn't be the first intentional foul Congressman Bergman supported.

On January 10, 2021, the Detroit Free Press labeled Jack Bergman one of the "People of the lie" for his efforts to overturn the Michigan presidential election results. He voted to disallow Michigan electors from being certified, even after the Michigan Legislature found no impropriety.

But Congressman Bergman didn't stop there. He joined a lawsuit filed by Texas Attorney General Ken Paxton (yes, that Ken Paxton) in Paxton's outrageous attempt to block another state's--Michigan's--electoral votes. That lawsuit was summarily dismissed.

Congressman Bergman's actions sought to disenfranchise 2.8 million Michigan voters. For anyone's vote to be marginalized, no matter that person's political persuasion, is a breach of the netting designed to protect us from authoritarian rule.

In a few weeks, we will have an election.

Federal law (18 USC Sec. 592.593, 595) prohibits military or armed federal officials from maintaining a presence at polling places.

But FBI Director Kash Patel recently suggested that he was open to sending federal agents to polling places. (Barrett, Devlin, Patel Suggests F.B.I. Agents May Be Sent To The Polls, September 15, 2026, The New York Times.)

Concerned, I paid a visit to our chief of police, Eric Hamp.

Chief Hamp advised me that the city police, as they have in the past, will visit the city's polling places during each shift on Election Day. They will also respond to any concerns received from city election workers, but they will not maintain a continuous presence at the polls.

Given our small size, Federal agents are unlikely to appear in Alpena, but if they do, our local law enforcement officers lack authority to direct their actions. They will, however, engage them to ascertain their intent. If, in the officers' view, that intent is unlawful, they will contact the Michigan Attorney General’s office, which, on Election Day, will staff a phone line for exclusive use by law enforcement agencies.

What should we do?

Stay behind the protective netting. Don’t attempt to field fouls that could expose us to an internal investigation.

Vote.

Starting at /week.