Friday we learned that while Jocelyn Benson is a former law school dean and a self-promoted student of the law and best practices that guide the Michigan Secretary of State office, she is first and foremost a politician.
Benson, after previously being defeated by Ruth Johnson for Secretary of State, defeated Mary Treder Lang by almost nine full points to earn a four-year term in 2018. In making her case for office, Benson defined herself as an expert in voter law and records stewardship.
After being elected, she called for FOIA expansion and financial disclosures as part of a transparency agenda. Those are good themes for a Secretary of State, a job that it can be argued requires more intimate knowledge of the workings of its office than any other major elected state position.
In one unsigned, two-paragraph release from her office delivered midday Friday, she essentially trashed years of what she has claimed to stand for and defined herself as a hypocrite.
In the wake of the death of Patrick Lyoya in Grand Rapids, a few unnamed media outlets sought his driving record, according to Friday’s Secretary of State release. This is a standard practice by media outlets, particularly newspapers looking to provide a complete picture in the midst of chaos.
At The Macomb Daily, our reporters regularly seek out information on all people involved in public-facing events – suspects and victims alike. The information gleaned from tax, jail, parole and driving records, among other public databases, helps us assemble a complete picture of the events we are trying to help you understand.
In compiling this information, our reporters rely on their training and experience to provide the most complete report possible. That means some information is included while other details that are not germane are not. The task our journalists engage in is no different than an accountant preparing your tax returns or a mechanic fixing your car where having information is also key.
After the initial release from her office Friday afternoon, a follow-up statement at 9:30 p.m. clarified the Secretary of State’s position.
“While we conduct this review there will be no changes to our current policy, nor will there be any changes to media or public access to such data,” it concluded after her office was taken to task by media outlets and professional organizations.
The initial release stated after providing the information about Lyoya’s driving record to three media outlets “before recognizing that it was being included as an irrelevant detail that wrongly suggests he is culpable for being shot in the back of the head by a Grand Rapids police officer.”
This is a powerful statement that demonstrates Benson either doesn’t understand how the media covers police and courts or more likely feels the need in an election year to curry favor with progressive groups who would like to see her championing the rights of those killed at the hands of police over the public’s right to know.
In Michigan, while the law governing the release of driver records is very broad, it has not been questioned in decades. In fact, Benson’s office, as has been the case under the leadership of those who have preceded her, regularly makes driver and vehicle records available for bulk sale to third parties.
In issuing a ruling in a case leading up to the historic Watergate scandal, Judge Damon Keith once wrote “democracy dies in the dark.”
It’s ironic that Benson, who once clerked for Keith and has publicly named him as one of her inspirations, could through one action on a Friday afternoon completely disregard a significant piece of his legacy. Michigan deserves better. Hopefully Secretary of State Benson can deliver because Friday the former law school dean failed miserably.
Jeff Payne is managing editor of The Macomb Daily and Royal Oak Tribune. Contact him at jeff.payne@macombdaily.com.
