August 6, 2025 • 42 mins
In her ongoing efforts to audit the state legislature, an effort State Auditor Diana DiZoglio has been at for quite a while, DiZoglio has now hired an outside law firm to bring the challenge to court. Last Fall, voters approved a measure, giving DiZoglio the authority to audit the MA House and Senate. However, state lawmakers have pushed back against the audit efforts saying an audit could violate the constitutional separation of powers between the branches. Diana DiZoglio joined us on NightSide to discuss!
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Speaker 1 (00:01):
It's Night Side with Dan Ray on WVS Boston's news radio.
Speaker 2 (00:07):
Thank you very much, Dan Watkins appreciate it very much.
As always to Dan to Dan as we say. Okay,
by the way, just cleaning up from last hour. The
third guest we had last hour, doctor Supret Men, the
director of research at common Sense Media. We were talking
about teenagers turning to AI for friendship. If you'd like
(00:27):
to get more information. I think we got disconnected when
I was asking her for the website. Her website is
common Sense Media all one word, CommonSenseMedia dot org. And
we apologize for that slight mix up, but we do
not apologize for our next guest, one of my favorite guests,
as a matter of fact, my favorite constitutional officer. Well,
(00:49):
I have two favorites, Sev Rosenberg, who is Dev Goldberg,
who was with us in the first hour, but also
the current auditor for Commwalth of Massachusetts State Order Diana
and Desauglio, Madam Auditor. Welcome back to Nightside.
Speaker 3 (01:05):
How are you well.
Speaker 4 (01:07):
I am happy to be in the company, the great
company of our great Madam Treasurer. So I want to
say thank you for having me on tonight. I did
not know my colleague was on a little bit earlier,
but that's fantastic, thanks for having me.
Speaker 2 (01:22):
She was on the in the first hour briefly to
talk about the one point zero six five billion dollars
in that profit that the commonwealth earned with the Massachusetts
Lottery and the various you know, betting agencies that we
have here in Massachusetts, state run betting agencies. So look,
(01:43):
you you know how much I support your efforts without question,
and I am trying to make my audience understand that
if if Donald Trump had a mandate with fifty point
five percent of the vote in the election on the
issue that you were concerned about, and that is your
(02:05):
obligation and your ability to audit the Massachusetts state legislature,
seventy two percent of the voters in Massachusetts support that
idea and support you. How frustrating is it to realize
that the leadership of the House and the Senate in
(02:27):
Massachusetts basically not only a thumbing their noses at you,
but they're thumbing their noses at the voters of Massachusetts,
in specifically the seventy two percent which includes me, that
voted in favor of that ballot initiative last fall.
Speaker 4 (02:45):
It's very discouraging and it's very disheartening, but we do
need to keep the faith and because really that's the
only option here, right, But yeah, your correct. Look, we
sare constantly about the you know, authoritarian regime like style
(03:05):
of governance at the federal level, you know, and and
that's you know, something that we often hear about here
in Massachusetts. But what we don't hear alongside of that
is about the authoritarian regime at the state House here
in Massachusetts that's taking place where the vote of seventy
(03:26):
two percent of people mandating that a law be enacted
gets completely ignored by the elected leaders up on Beacon Hill,
and then the law enforcement agency responsible for enforcing the
law refuses to and keeps making excuse after excuse about
(03:46):
why they will not represent the people on this matter,
leading our office to hask to seek assistance elsewhere. And
you know, actually recently somebody reached out to our office
and offered to provide legal representation to our office to
(04:08):
ensure that we can get access to a court hopefully
and at least work with us to try to help
us get access to court because the Attorney General's office
is refusing to represent us and is frankly refusing to
tell us that she's refusing to represent us, because there's
this game going on up on Beacon Hill where everyone's
(04:31):
sort of getting on the same page that the number
one goal is to keep us out of the courtroom
so that a judge cannot adjudicate this matter and make
a decision and make sure that the law is enforced.
So it's stall tactic after stall tactic after stall tactic.
Now I'm very aware at this point that the Attorney
General has zero interest in representing the people of the
(04:54):
Commonwealth on this issue or enforcing this law. But I
do expect her office to give us the permission to
be able to have legal representation by someone else, since
she is clearly unwilling and refusing to say she is
(05:14):
willing or even state that the legislature needs to follow
this law. And that's what we are hearing.
Speaker 2 (05:22):
The vote there was not just some advisory vote last fall.
That was a vote that enacted a law of So
I guess that's an initiative petition and the people of
the Commonwealth said yes. By the way, you served at
the House of Representatives, you served in the state Senate,
(05:44):
so you know that there's a lot of people in
those branches who just are going to do whatever the
all powerful Speaker and the all powerful Senate President says, then.
Speaker 4 (05:58):
The vast majority, well, the vast majority will because the
reality is is if a speaker and the Senate President,
they are pretty much all powerful. But you know, the legislators,
you know that are working in there, they are going
to have to go back to their districts. They are
going to have to go back to their communities and
answer these questions about why they're not supporting the audit.
(06:20):
And look, we're trying to get this in front of
a court to make sure that the law isn't forced.
Because yes, I did serve there, I'm well aware that
we are not getting the support that we need to
be able to get this mission accomplished. But again, unfortunately,
our attorney General is not supporting us. I believe she
is actually working with the legislature to keep us out
(06:44):
of court and just not saying anything about that and
sort of papering this, papering over this with you know,
these excuses that she doesn't like the way that we're
answering her questions. So because she's not pleased with our
responses to her office about what we would like to audit,
(07:05):
that we would like to see financial documents, and that
we would like to see information pertaining to state contracts.
That she can't even state that the Speaker and centive
President need to obey the law that you've voted for.
That she can't state that those documents should be a
matter of public record anyways, so as you're a matter
of public record for everyone else, but the legislature exempts themselves.
(07:26):
And I can't even get our Attorney general's office to
state that.
Speaker 2 (07:30):
Yeah, the question is I just wonder you know who
died and made her all powerful. Here's my question. If
she is going to attempt to prevent you from taking
a case on behalf of the voters of the Colmwalth
of Massachusetts to enforce a law which is now on
(07:51):
the books, is it possible Is it possible that a
group of say, ten voters could form a class and
file a class action suit to just a different way
where she would have no ability to restrain the A
(08:12):
class action by voters in Massachusetts who are saying they
vote is being intentionally ignored by these petty bureaucrats. Marianto
and Spilka.
Speaker 4 (08:22):
They could a court could also dismiss that case and
say that you, as concerned citizens, don't have the standing
that they require to take your case up in court.
If you're remember Dan, a lot of these folks are
friends with each other, and judges get appointed through Beacon Hell.
Speaker 2 (08:44):
But and I'm being honest with you when I say this,
I understand the concept of standing as an attorney. And
if you were somehow blocked by the Attorney General, which
I think is just ridiculous, absolutely ridiculous, I don't see
how voters who could you know, certify to the court
(09:04):
in effect the class action of class of voters representing
seventy two percent of the people who voted last fall.
I don't see how they could be denied standing because
who else would have standing other than people who could
prove to the court that they that they voted and
verify affidavit form that they voted on behalf of that
(09:26):
particular issue, and they voted in favor of the audit.
Speaker 4 (09:33):
Please feel free to help. Yeah, if you want to
get together that group of concerned citizens, we would welcome
the assisted. And you know, alongside of that effort, just
know that our office is engaged with a law firm
right now. Taxpayers are not footing the bill for this, thankfully,
(09:54):
and we are going to try to head to court now.
The Attorney General's office just today and I was very
disappointed in the Attorney General's Office's statements very clearly stated
that they were essentially saying that they're not approving this
lawsuit and that, you know, essentially too bad, because we
(10:18):
are not allowed to underlog get access to the courtroom
until they choose to represent us, and they put it
out there, I felt like in sort of a strong
arm approach, basically saying, you know, good luck, because we're
not going to approve this. And my question for the
Attorney General is, it's very clear you don't want to
represent us. Why won't you allow us to get our
(10:43):
own attorney and go to the court and get a
decision on this. And there's no other reason that that
could be happening, Dan besides that the AG's office is
playing defense for the legislative leadership, and that's unacceptable. You know,
we should not have to rely on an attorney in
the Attorney General's Office who is you know, playing to
(11:07):
the other side and really playing defense for the other side,
but refusing to allow us to get our own attorney,
and then just dragging this on forever, not coming out
and directly saying she refuses to represent us, but just
never giving us an answer as to what her position is,
so that this drag's on forever.
Speaker 2 (11:27):
Well, often we hear, often, you know that we hear
that the attorney general is the is the people's lawyer.
That's the phrase they like to use, that, you know,
the attorney general is the people's lawyer. Well, this, this
attorney general is frustrating what the people voted for last November.
(11:49):
I honestly believe I have a pretty full plate in
terms of what I do during the day, Madam Auditor.
I would say that they would be lawyers better than
me who could put this together as some of an
action by voters. That is the specific class that is
(12:11):
being frustrated here. And you, I think could be a
member of that class if you would certify that you
voted in the election and that you voted in favor,
which of course I'm sure you did. So I'm throwing
that to you as a thought and an idea. Check
with your lawyers. I think that I might be correct
(12:31):
on that one. And you may have a workaround around
the frustration. I want to ask when you come back
what sort of support you're getting from the Governor's office,
the Lieutenant Governor, and the Secretary of State, all of
whom talk a lot about transparency and the will of
the people. I want to see if you've got any
support from them. We'll try to take a couple of
(12:53):
phone calls for you. I told you i'd let you
go at nine thirty, but I'm going to talk about
this for the balance of the hour, and I want
to hear from some people who might want to join
UH and become a member of that that class. I'll
bet you we can find you ten ten voters voters
tonight and I'll have I'll have Rob take their numbers
and we can pass them on to you. I'll pass
(13:14):
them on to your office tomorrow. We might be able
to wrap that up for you tonight.
Speaker 5 (13:18):
Okay, thank you, Dan, all right, stay right there.
Speaker 2 (13:23):
I'm trying to help. I'm trying to help.
Speaker 4 (13:25):
Monitor that we're taking. I really appreciate it.
Speaker 2 (13:32):
No, I don't, I don't. We will be back with
the Auditor of the com Wealth of Massachusetts. Auditor Diana
Dos Auglio, we'll be back on night's side. Feel free
to jump on board here if you'd like to become
a member of that class. I'm gonna have Rob take
your name and number. You can volunteer right here on
the program and let's see if can get it done.
How about that? Okay, I'll be a member of the class.
If you guys want to be a member of the class,
(13:53):
you can join me. You can join me and and
the and the auditor. I'm thinking outside the box right now,
right now, coming back on Nightside.
Speaker 1 (14:02):
Night Side with Dan Ray on Boston's News Radio.
Speaker 2 (14:09):
With me is the state Auditor, Diana Dizauglio. We had
the state treasurer on last hour just for fifteen minutes,
Deb Goldberg, to talk about the lottery, but we're talking
about something that's equally important, and that is the will
of the voter's last fall to make sure that the
state Auditor could could do her job, which would be
(14:30):
to audit, amongst other things, the state legislature, the House
and the Senate. And I've come up with an idea
and I'm going to do this in the next half hour.
If any of you would like to join me, let's
form a class I think that ten is the figure
that we would need to initiate a class action lawsuit.
The Attorney General apparently is preventing the auditor not providing
(14:54):
as a matter of fact, saying that she not only
would not provide help, but she's telling her that she
cond go forward with an outside law firm that she
would be stopped by the Attorney General. Has the governor,
the Lieutenant governor, the Secretary of State hit anyone giving
you any support up there on this one? Are that
an auditor? Oh?
Speaker 4 (15:13):
No, I don't have support up on Beacon Hilp for
this at all. Unfortunately, did you know It's it's gotten
really bad up there, and it's not okay. What's happening.
The will of the people is being completely ignored, and
it's become quite uncomfortable when I walk into rooms, even
(15:35):
more uncomfortable than it used to be. Believe it or
not when I was in the legislature. Now that this
is past, and you know, look, legislators who voted against
the audit are feeling, you know, that guilt associated with
voting against their communities because they have to now go
back to their communities and explain why they voted against
(15:56):
this audit, and of course it's excuse after excuse after excuse,
a lot of finger pointing, a lot of you know,
trying to strategize how they're going to depict what they
did in a more positive light. But the legislature voted
against following the law and voted to instead allow the
Speaker of the House to still continue to engage with
(16:19):
a private auditing firm and control an audit and whatever's released,
whatever's not released, and.
Speaker 5 (16:24):
What have you.
Speaker 4 (16:25):
And they voted against what you approved on the ballot,
which was for the independent audit to be conducted by
our office, which you know, we added all these state entities,
and you told us to audit the legislature. We've been
trying to do so. The governor has been largely silent,
hasn't actually spoken to me in months, unfortunately, and I
do have a few phone calls out they haven't been returned.
(16:48):
And the Attorney General, as I said, I do believe,
is working with legislative leaders to sty me this effort
and to prevent us from getting access to the core arts.
Speaker 2 (17:00):
Why can only assume problem and a honor you don't
have to adopt this position, But I can only assume
if they are so intent on preventing you from conducting
an audit, there must be something that they do not
want you and therefore the public to know about.
Speaker 4 (17:20):
Well exactly, And I repeatedly have to say this, Dan,
this is not some FBI investigation. Okay, this is an audit,
and it's seeking to look at We've limited the scope
of this audit significantly for the purposes of taking away
any excuse from legislative leaders. You know that they would
(17:42):
try to call this unconstitutional or say there's something wrong
with us, or that we're you know, going out of
bounds with what we're seeking to address. We've limited the
scope of this significantly to only focus on financial documents
and state contracts for the purposes I'm just getting something
done right now for the voters. And even the financial
(18:05):
documents they are saying, well, those are it's unconstitutional for
you to view our financial receipts about how we spend
taxpayer dollars buying it.
Speaker 2 (18:16):
That's the old separation of powers argument, which in my
humble opinion, does not have any application here whatsoever, whatsoever, whatsoever.
Speaker 4 (18:26):
Those documents should be a matter of public record for everybody,
including the auditor's office, you know, but you should all
have access to those records. You shouldn't even need your
state auditor to be the one who goes in and
gets those documents. If you call my office and you
need financial documents, we're required by law to provide those
to you. But the legislature says no, no, no. They
(18:48):
get to spend all of your money in secret, and
if anyone wants to look at how they spend money,
well that's the violation of the constitution. But Dan, we
know better. The constitution is there to protect the people,
not the politics.
Speaker 2 (19:00):
And I assume that some of this might be with
non disclosure agreements and payments that the legislature has been
made has made on behalf of legislators who were facing
civil lawsuits for various and sundry matters. I suspect that while.
Speaker 4 (19:17):
There has to be a reason why they're refusing to
allow us to review those contracts, if there's nothing wrong,
then let us take a look. And even if there
are problems, if there was not you know, malicious intent
behind accidents or mistakes or whatever, you know, someone claims
is the reason behind something that you know was you know,
(19:40):
not documented properly. For example, Okay, again, it's an audit.
If there's nothing to hide, if if something wasn't done maliciously,
or you know, you're not worried about anything really bad
being found, why not just take the audit. Agencies across
the board in Massachusetts take the audit all the time.
They're not always thrilled with the findings.
Speaker 5 (20:01):
Dan.
Speaker 4 (20:02):
Sometimes they get upset with my office and they say, oh, well,
we disagree with what you said about our agency, or
we actually think we have it together and we think
your audit is wrong. They can say whatever they want.
We still do our jobs, though, right, and we put
the report out there, and we let the public know
what we found, what our recommendations are, and then we
(20:22):
move forward. So why refuse a simple audit of your
financial records and your state contracts unless you are hiding
something from the taxpayers that fund your budget.
Speaker 2 (20:35):
Can you imagine what would happen? Let us say, hypothetically,
any one of my listeners received a letter from the
IRS or from the Department of Revenue here in Massachusetts
saying that they were about to be audited. Can you
imagine if they said to the IRS or the door,
you're not going to audit me. I'm not going to
participate in an audit. I mean they would have a mound,
(20:57):
a heap of problems here, Diana. I'm serious. If you
would like, I will ask for some of my listeners
as volunteers to leave a phone number, daytime phone number,
or I can hold on to the daytime fold numbers
for you. If your lawyers agree that the idea of
(21:19):
a class action lawsuit from voters, from residents, from.
Speaker 4 (21:24):
Taxpayer, well, I will tell you this. The attorneys that
have come on board are there to represent the Auditor's
office in this matter, and I do know that they
would not take on two lawsuits on this matter at
one time. Okay, so they are developing a legal strategy already, Dan,
But I will tell you this. You're an attorney. If
(21:45):
you want to work together with a couple of attorneys
and put together that group of ten taxpayers to go
to the court and say we have standing and we
want to address this and ask for the judge to
see you, you have my blessing.
Speaker 2 (21:58):
Well, let me do this. Make it easier. Let me
make it easier. Feel free to give my private number
to the lawyers who have stepped forward, willing to work
on your behalf. I'll be happy to chat with them
and explain what my thought is and if I think
that I could get ten people in a New York second,
(22:22):
if they felt that that would be helpful. So let's
leave it that way. I'm not going to ask anyone
to volunteer tonight. I'm going to ask them to react
to this interview. And I promised you i'd let you
go a little at nine and was nine five? Did
you pass my number, my direct private number that you
have on too the attorneys. Have them give me a
(22:44):
call and I will chat with them. They may know
more about the issue than I do. I do not
want to start down, you know and tilted windmills, but
I can I'm sure get you know, the sufficient number
of taxpayers to form a class if you are being
thwarted by the Attorney General. So I leave that with you.
Speaker 4 (23:04):
And I'll ask you this, Dan, I'll ask you us.
You know, I would really appreciate if listeners would please
contact the Attorney General's office and please ask the Attorney
General to stop blocking our access to the courts. The
response that we got from the AG's office today was
very concerning and it was concerning because it wasn't just
(23:26):
that the Attorney General has very clearly, you know, demonstrated
her unwillingness to represent us. It is the fact that
the office is stating very publicly that they have no
plan on allowing us to proceed, even with our own
attorneys to court. They are not going to allow us
to sue. They're going to block us from suing.
Speaker 2 (23:48):
You crystal clear to me to my audience, which curiates me.
And by the way, I would be willing to bet
you that the Boston Globe, which normally would not take
on the legislative leadership, will on this issue take on
the legislative leadership. Have you guys talked with the editorial
staff at the Globe.
Speaker 4 (24:09):
The editorial staff at the Globe endorsed question one wholeheartedly
and actually wrote an editorial about the audit that we
did conduct. We did conduct an audit of the legislature,
but they just didn't participate in it. And the Globe
wrote about the audit and talked about it's you know,
essentially and I'm paraphrasing here professionalism and the fact that
(24:32):
it did some good and that the audit was good
and supported the fact that the legislature should have participated
in the process.
Speaker 2 (24:39):
But the next editorial I want to see from the
Globe is calling the Attorney general on the carpet. Okay.
And I believe because this is someone who literally is
preventing good what I would consider and what everybody would
consider to be a good government action. That's so, I
just I got a lot of ideas, and I am
(25:02):
a someone who believes that when the people speak, their
voice needs needs to be respected, simple as that. It's
a kind of a radical PA.
Speaker 4 (25:12):
And we do have rights. We do have rights here
in Massachusetts. Dan, You know, I said this today on
the air elsewhere and I'll say it here. You know,
when when someone gets arrested, what do they say when
they read people their rights? You know, we all know
the beginning, you have the right to remain silent. But
they also say you have a right to an attorney.
(25:34):
You have a right to an attorney. And what is
happening here in Massachusetts is our top law enforcement officer
sure is playing defense for the legislature and saying to
the people of Massachusetts, you don't have a right to
an attorney, that they're not going to represent us but
they are also going to block us from from having
(25:54):
anybody else represent us, and that is a very scary
place to be in now, in a state like Massachusetts.
This is a threat to democracy right now. This is
not about just an audit. You know, let's put the
audit to the side for a minute here. This is
not about just an audit. The audit is what the
audit is. The audit, you know, when it's hopefully conducted,
(26:16):
will do some good, shine some you know, shine some
light on what's happening in the in the state house.
But let's talk about the other glaring issue right now.
That is actually the really scary issue that lawmakers are
blatantly breaking into law. The top law enforcement agent in
this commonwealth is refusing to enforce it and then saying
(26:37):
that we don't have a right to any attorney and
we're going to be blocked from the judicial system. You know,
I understand that if I go before a court that
they could side with the legislature. I get that they
could side against the people. They could tell me to
poundstand and they could say we don't agree with you,
we're not supporting this audit, and they could send me
(26:57):
packing out of the courtroom and all of you. We
have a right to access that courtroom at a bare minimum,
and it is disgraceful that anyone would try to block
our access to court. So we really need your help.
Speaker 6 (27:14):
Folks.
Speaker 4 (27:14):
Please call the folks of the state of Please call
the Attorney General's office and please advocate for the Attorney
General's office to stop blocking our access, to approve a
specialissistant Attorney General that we have chosen, and to stop
planning to block our access to court as we are
seeking to sue the legislature into compliance with the law
(27:35):
that you all voted for.
Speaker 2 (27:38):
What the Attorney General is doing is subverting democracy. It's
an actual subversion of democracy. That's pretty serious stuff. Madam auditor.
I'm way past by break for the news at the
bottom of the hour. I thank you so much, and
please follow my invitation. If you want to pass my
(27:59):
number along, I'll be more than happy. We could find
a big class of people if you only need ten.
I believe to have a class in Massachusetts and I'll
be happy to talk with anyone you'd like. Okay, thank
you so much.
Speaker 4 (28:12):
I appreciate that. Jan thanks so much. Good night, everyone,
my pleasure.
Speaker 2 (28:15):
Thank you very much the state or audit the call
walth of Massachusetts. We have a newsbreak coming up. If
you're on the line, stay right there. We're going to
get to callers. Uh. And I'm interested how many of
you will be willing to participate as a member of
a class in a class action lawsuit here. You've heard
what the auditor has said. I hope you'll light it up.
I'm not going to ask you to volunteer tonight, but
(28:36):
I'd just like to get a sense of my audience.
I would join that class because I'm a citizen. Even
though I'm a talk show host, I'm a citizen. I
voted for that audit, and I do not want to
see that audit it that audit subverted. Six one seven,
two five four ten thirty six one seven, nine three
one ten thirty. I'll give you a tip. The only
lines open on the six one seven, two, five, four
(28:58):
ten thirty lights light it up. I'll get every in
between now and ten if you're.
Speaker 1 (29:02):
On night Side with Dan Ray on Boston's news radio.
Speaker 2 (29:07):
Okay, we're gonna get right to the calls, and I'm
prepared to move into the second hour, into the ten
o'clock hour. Here do not have a guest scheduled, so
I would like to hear from a lot of people
on this one. It's as simple as that, we're going
to go first, up to Tom, down to the Cape. Tom,
you were first this hour. I just want to ask,
would you be willing to join a class action lawsuit?
Speaker 3 (29:29):
Absolutely?
Speaker 2 (29:31):
I figured you would if we get to that point.
I'm hoping you're going to be calling us back because
I'm going to make that offer. I think we can
get a disparate geographic group of people from around the state,
and also a group of people that would be representative.
You know, as long as you had voted in the election,
and I think you would be qualified if you asserted
(29:51):
that you had voted for that issue.
Speaker 3 (29:55):
I did. One thing I'd like to say is unfortunately
for she's being treated like Republican she's invited to our side.
The side.
Speaker 2 (30:12):
Well, I'll tell you you know, she was she she
was someone who did not put up with a lot
of the grief that was inflicted upon her as a
woman in the legislature. I'm she's a very uh smart
and uh an aggressive woman. She came out of very difficult,
you know, circumstances growing up. She does not come from
(30:34):
She's not a silverspoon Democrat, that is for sure. And
she didn't take any of the the cheap treatment that
sometimes members of the legislatures inflict upon some of their
younger female aids. If you give what if you get
my drift?
Speaker 3 (30:51):
Uh.
Speaker 2 (30:51):
And she want to set it in the in the
in the in the House of Representatives, and they want
to see in the state Senate. So she knows what's
going on. And and and that's why she represents a
great threat.
Speaker 3 (31:04):
I'll tell you she said for her, Let's put it
this way, because it's.
Speaker 4 (31:10):
On the air in tests.
Speaker 3 (31:12):
Yes, and both the people, most of the people that
are in the legislature, because they want to protect their
their championship or whatever.
Speaker 2 (31:23):
Yeah, there's a there's a lot of sheep up there.
And but again that happens. Look, I think it was
a judge Mark Wolf, federal judge, a great federal judge
who's who quoted Lord acton the power corrupts absolute, power
corrupts absolutely. The Democratic legislature controls, overwhelmingly controls the House
(31:44):
and the Senate. They and they also they control the goodies,
the chairmanships. As you mentioned, you hit it right on
the head, talk right on the head and it's disgraceful.
Speaker 3 (31:54):
Well, I'll tell you she's she's got she's got a
tough row to hope. At the bottom line is it
doesn't say the governor has almighty power. It's just even
in us stay constituted. It said, please.
Speaker 2 (32:10):
The people couldn't agree with you more, couldn't agree with
you more. Tom, Thank you so much, Thank you so
much for you continue support of this program. And when
we get around to it, I will talk with the
lawyers that she would like to hire. And if they
say that that she can be stopped by virtue of
the fact that she's a statewide office holder, by the
(32:32):
attorney General, then I suspect we could put together a
class action and I would be more than willing to
be part of that as a citizen, because I have
not lost my rights to speak out as a citizen
in the media. And I will be fair. And by
the way, if if speak of Mariano or Senate President
(32:53):
Spilke wants to come on this program any night and
discuss this issue, they are more than welcome.
Speaker 3 (33:01):
If you want to have Rob take my number down,
just just for future, because.
Speaker 5 (33:06):
Unfortunately okay, I'll ask Rob to do that.
Speaker 2 (33:10):
So if there are people who are going to volunteer,
I will ask Rob to do that. Leave us your name,
your full name, and your and your number. Thank you, Tom,
don't hang up. Rob. Get the name and number of
Tom for me and some subsequent callers as well. Let's
go next to Lawrence. Did you make a playing Lawrence?
Appreciate you calling in next on nights. I go right ahead.
Speaker 7 (33:30):
I'll be happy to be a member of the class
accident if you have to do it then. And also
there's a necessarney by the name of Clyde Bergsteffer that
you should seek out in artis you kept this.
Speaker 2 (33:43):
Excellent well, do me a favor if you would, Lawrence,
if you'd be kind enough to leave your name and
a daytime phone number. He does, he did. Okay, could
you leave the name of that attorney because I would
be more than happy to call the attorney who you recommended,
particularly if he has an expertise in this area. Again,
(34:06):
there there are always lawyers in any area who know
more about an area of specialty than I do. I
think I know this area pretty well, but I'm always
willing to be educated. So if you could also leave
with Rob the name uh and if you have the
phone number of the attorney. If not, I can find it.
Speaker 7 (34:22):
Okay, Okay, I'll do that.
Speaker 2 (34:27):
Thank you, Okay, I very much appreciate it. Thank you
so much, Lawrence. Don't hang up, Rob will take that.
Let me go next to Nancy, who joins us from
Duxbury down on the South Shore. No, Doxbury. Very well, Hi, Nancy,
how are you tonight?
Speaker 8 (34:41):
I'm good. Ray, I've I've talked to you before, Dan,
and Uh, You've got a great show. That's all I
have to say. Thank God, there's somebody out there speaking up,
and you always provide a platform for people to speak
up and speak out.
Speaker 2 (34:55):
Well, that's a that's a high tribute. That's exactly what
I try to do. I want to give people an opportunity,
and I want to give people an opportunity whose voices
are not often heard.
Speaker 8 (35:05):
That's right. Well, there's a lot of fear out there, Dan,
Let's be honest. That's part of six percent of the
state is not representative in the state the House.
Speaker 6 (35:17):
Sure, we're.
Speaker 8 (35:20):
I'm on the dark side too, you know, we're not wanted.
They don't want to listen to us and they're dangerous. Well,
it shows from the NBTA moving right to this.
Speaker 6 (35:32):
Sure, absolutely, dig deep.
Speaker 8 (35:35):
Is what I have to say, and I'm all for it.
Let's dig deep and not stop.
Speaker 2 (35:40):
Well, if you would like to leave your name and number,
a daytime number, where if I talk to these lawyers
and then say, hey, that's a great idea. What basically,
for anyone who's just listening the auditor is set up
is that the Attorney General is not only unwilling to
represent the auditor, which is I believe her responsibility UH
is is to represent uh constitutional officers, because there's six
(36:04):
constitutional officers in Massachusetts who are elected statewide governor, Lieutenant governor,
of the treasurer of the Attorney General, UH the state,
the state auditor, and the Secretary of State. And for
her to not say I'm not going to represent you,
maybe because she fears that the legislature would cut her funding.
(36:25):
UH that's one thing. But to say that she would
then go ahead and actively go to court to prevent
the auditor from suing the heads of the legislature, that's
extraordinarily outrageous. So do me a favorite, Nancy, leave a
name and number, daytime number, and I will look, I'll
collect the names, and if it works out that that's
(36:47):
going to be the best and most direct track to follow,
I'll join with you. Okay, I'm a citizen too. I
may be a talk show host, but I'm a citizen
as well. I know. Thanks, Nancy, don't hang up, Okay,
appreciate it. Let me go out of state for the
first time to Nancy in Rhode Island. Nancy in Rhode Island,
(37:07):
I don't think you would be able to join our
class action suit here. How are you tonight?
Speaker 5 (37:11):
I know, well maybe so. My whole family is from
Massachusetts and still live there, and I do live in
Rhode Island, but I work for the government, and I
am beyond infuriated listening, and I just want to say
that Diane dios Ogil is amazing, beyond amazing, and if
(37:34):
there's any way that I can be in on it,
and I do want your personal self because this is
just I mean, the fact that the Attorney General is
blocking this and per advocacy, and I know a lot
of us don't always agree with everything you're saying, but
the two of you together tonight, the show is amazing,
(37:55):
and well, thank you. The fact that any of this
is going on are allowed is beyond lunacy and idiocy.
Speaker 2 (38:06):
So Rhode Island is Rhode Island is a state that
has had some interesting political quote unquote, I used the
word leaders loosely.
Speaker 5 (38:16):
Else Yeah, exactly totally. And this is again just working
in a public sector and working for the government and
knowing the truth as much as of what you're saying tonight.
The fact that the Attorney general can block any of this,
and Diane has worked beyond beyond what's considered difficult to
(38:42):
try and advocate for the people in Massachusetts and voters
is and if anybody doesn't get that, yeah, ta, can you.
Speaker 2 (38:50):
Imagine seventy the people who went.
Speaker 5 (38:55):
To the polls amazing, amazing.
Speaker 2 (38:57):
You know that is a landslide election no matter what.
Speaker 5 (39:01):
And I've been to law school graduations. I know you
have to, Dan, and I have heard the Attorney General speak,
and the hypocrisy of all of this is just passed
over and above.
Speaker 2 (39:15):
Well, I would say the hypocrisy, the hypocrisy is breathtaking.
Speaker 5 (39:23):
It doesn't even have words. So you know, if you
have personal cell or whatever, but I can't do it
as a voter in Rhode Island. But I do have
voters in Massachusetts, and I would strongly, and I do
have a family of attorneys, and I would strongly and.
Speaker 2 (39:40):
I'm sure that if Diana does Aglio who works really
hard Democrats Okay, this is not a this is not
a Republican Democrat issue. This is all people have spoken
and they are now elected leaders who didn't maybe get
seventy two percent of the vote, who are trying now
(40:02):
to prevent the will of the people from occurring.
Speaker 5 (40:07):
Yeah. Yeah, and she's and you've you've really allowed her
a voice in a way that you know a lot
of people. I mean, you've really allowed her the kind
of voice that needs to be allowed.
Speaker 6 (40:18):
And she's amazing, absolutely.
Speaker 2 (40:21):
On the show many times before, and she will be
she'll be as well.
Speaker 5 (40:26):
Thank you to be supported.
Speaker 2 (40:29):
Thank you so much. I appreciate your call very much.
Speaker 5 (40:33):
Definitely, thank you, Thank you very much.
Speaker 2 (40:35):
Let me go to Ron and Newton Ron next in nights.
Speaker 6 (40:38):
I go ahead, Ron, Hi, Dan, you can thank you
so much. You can count me in on your New
York second Tier. I'm a big fan of of her.
I'm so appreciative of what she's doing. Uh, this this
audit is long, past due. Yeah, So that's all I
(41:04):
wanted to do is let you know that I'm you
can call me in.
Speaker 2 (41:08):
Well, you know what, as long as you leave a
daytime number. I probably have it anyway, but just for security,
we can put it all on one piece of paper
and then I'll consult with the attorneys and if they
think it's a good idea and they're looking for some
people who have volunteered to form a class it seems
to me this is this is a perfect class action lawsuit.
(41:30):
Now maybe someone can find some better lawyer that me
can find some case that they would say, oh, this
was prevented, but this is set up for This is
exactly what class action lawsuits are intended to be able
to accomplish. Ron, if you haven't given your number already
to Rob, please do uh and and I'll keep you
post that, I promise.
Speaker 6 (41:51):
Okay, I have all right, Dan, Thanks so much, Thanks Ron, Okay.
Speaker 2 (41:55):
Thanks, thanks all right, here's what I would like to do.
I am going to uh continue this conversation into the
next hour. Uh if I sense that there are people
out there who would like to join this conversation. So
therefore I'll leave the numbers with you. Light them up.
If there's no one calling, we can always move on.
(42:17):
But I think we need to give this issue more attention.
I'm actually excited about it. Six one, seven, two, five, four,
ten thirty, six one seven, nine three one ten thirty
coming back on Night's side, right after the news at
the at the ten o'clock news. Fill these lines up, folks,
It's Night Side with Dan Ray on WVS Boston's news radio.
Speaker 2 (00:07):
Thank you very much, Dan Watkins appreciate it very much.
As always to Dan to Dan as we say. Okay,
by the way, just cleaning up from last hour. The
third guest we had last hour, doctor Supret Men, the
director of research at common Sense Media. We were talking
about teenagers turning to AI for friendship. If you'd like
(00:27):
to get more information. I think we got disconnected when
I was asking her for the website. Her website is
common Sense Media all one word, CommonSenseMedia dot org. And
we apologize for that slight mix up, but we do
not apologize for our next guest, one of my favorite guests,
as a matter of fact, my favorite constitutional officer. Well,
(00:49):
I have two favorites, Sev Rosenberg, who is Dev Goldberg,
who was with us in the first hour, but also
the current auditor for Commwalth of Massachusetts State Order Diana
and Desauglio, Madam Auditor. Welcome back to Nightside.
Speaker 3 (01:05):
How are you well.
Speaker 4 (01:07):
I am happy to be in the company, the great
company of our great Madam Treasurer. So I want to
say thank you for having me on tonight. I did
not know my colleague was on a little bit earlier,
but that's fantastic, thanks for having me.
Speaker 2 (01:22):
She was on the in the first hour briefly to
talk about the one point zero six five billion dollars
in that profit that the commonwealth earned with the Massachusetts
Lottery and the various you know, betting agencies that we
have here in Massachusetts, state run betting agencies. So look,
(01:43):
you you know how much I support your efforts without question,
and I am trying to make my audience understand that
if if Donald Trump had a mandate with fifty point
five percent of the vote in the election on the
issue that you were concerned about, and that is your
(02:05):
obligation and your ability to audit the Massachusetts state legislature,
seventy two percent of the voters in Massachusetts support that
idea and support you. How frustrating is it to realize
that the leadership of the House and the Senate in
(02:27):
Massachusetts basically not only a thumbing their noses at you,
but they're thumbing their noses at the voters of Massachusetts,
in specifically the seventy two percent which includes me, that
voted in favor of that ballot initiative last fall.
Speaker 4 (02:45):
It's very discouraging and it's very disheartening, but we do
need to keep the faith and because really that's the
only option here, right, But yeah, your correct. Look, we
sare constantly about the you know, authoritarian regime like style
(03:05):
of governance at the federal level, you know, and and
that's you know, something that we often hear about here
in Massachusetts. But what we don't hear alongside of that
is about the authoritarian regime at the state House here
in Massachusetts that's taking place where the vote of seventy
(03:26):
two percent of people mandating that a law be enacted
gets completely ignored by the elected leaders up on Beacon Hill,
and then the law enforcement agency responsible for enforcing the
law refuses to and keeps making excuse after excuse about
(03:46):
why they will not represent the people on this matter,
leading our office to hask to seek assistance elsewhere. And
you know, actually recently somebody reached out to our office
and offered to provide legal representation to our office to
(04:08):
ensure that we can get access to a court hopefully
and at least work with us to try to help
us get access to court because the Attorney General's office
is refusing to represent us and is frankly refusing to
tell us that she's refusing to represent us, because there's
this game going on up on Beacon Hill where everyone's
(04:31):
sort of getting on the same page that the number
one goal is to keep us out of the courtroom
so that a judge cannot adjudicate this matter and make
a decision and make sure that the law is enforced.
So it's stall tactic after stall tactic after stall tactic.
Now I'm very aware at this point that the Attorney
General has zero interest in representing the people of the
(04:54):
Commonwealth on this issue or enforcing this law. But I
do expect her office to give us the permission to
be able to have legal representation by someone else, since
she is clearly unwilling and refusing to say she is
(05:14):
willing or even state that the legislature needs to follow
this law. And that's what we are hearing.
Speaker 2 (05:22):
The vote there was not just some advisory vote last fall.
That was a vote that enacted a law of So
I guess that's an initiative petition and the people of
the Commonwealth said yes. By the way, you served at
the House of Representatives, you served in the state Senate,
(05:44):
so you know that there's a lot of people in
those branches who just are going to do whatever the
all powerful Speaker and the all powerful Senate President says, then.
Speaker 4 (05:58):
The vast majority, well, the vast majority will because the
reality is is if a speaker and the Senate President,
they are pretty much all powerful. But you know, the legislators,
you know that are working in there, they are going
to have to go back to their districts. They are
going to have to go back to their communities and
answer these questions about why they're not supporting the audit.
(06:20):
And look, we're trying to get this in front of
a court to make sure that the law isn't forced.
Because yes, I did serve there, I'm well aware that
we are not getting the support that we need to
be able to get this mission accomplished. But again, unfortunately,
our attorney General is not supporting us. I believe she
is actually working with the legislature to keep us out
(06:44):
of court and just not saying anything about that and
sort of papering this, papering over this with you know,
these excuses that she doesn't like the way that we're
answering her questions. So because she's not pleased with our
responses to her office about what we would like to audit,
(07:05):
that we would like to see financial documents, and that
we would like to see information pertaining to state contracts.
That she can't even state that the Speaker and centive
President need to obey the law that you've voted for.
That she can't state that those documents should be a
matter of public record anyways, so as you're a matter
of public record for everyone else, but the legislature exempts themselves.
(07:26):
And I can't even get our Attorney general's office to
state that.
Speaker 2 (07:30):
Yeah, the question is I just wonder you know who
died and made her all powerful. Here's my question. If
she is going to attempt to prevent you from taking
a case on behalf of the voters of the Colmwalth
of Massachusetts to enforce a law which is now on
(07:51):
the books, is it possible Is it possible that a
group of say, ten voters could form a class and
file a class action suit to just a different way
where she would have no ability to restrain the A
(08:12):
class action by voters in Massachusetts who are saying they
vote is being intentionally ignored by these petty bureaucrats. Marianto
and Spilka.
Speaker 4 (08:22):
They could a court could also dismiss that case and
say that you, as concerned citizens, don't have the standing
that they require to take your case up in court.
If you're remember Dan, a lot of these folks are
friends with each other, and judges get appointed through Beacon Hell.
Speaker 2 (08:44):
But and I'm being honest with you when I say this,
I understand the concept of standing as an attorney. And
if you were somehow blocked by the Attorney General, which
I think is just ridiculous, absolutely ridiculous, I don't see
how voters who could you know, certify to the court
(09:04):
in effect the class action of class of voters representing
seventy two percent of the people who voted last fall.
I don't see how they could be denied standing because
who else would have standing other than people who could
prove to the court that they that they voted and
verify affidavit form that they voted on behalf of that
(09:26):
particular issue, and they voted in favor of the audit.
Speaker 4 (09:33):
Please feel free to help. Yeah, if you want to
get together that group of concerned citizens, we would welcome
the assisted. And you know, alongside of that effort, just
know that our office is engaged with a law firm
right now. Taxpayers are not footing the bill for this, thankfully,
(09:54):
and we are going to try to head to court now.
The Attorney General's office just today and I was very
disappointed in the Attorney General's Office's statements very clearly stated
that they were essentially saying that they're not approving this
lawsuit and that, you know, essentially too bad, because we
(10:18):
are not allowed to underlog get access to the courtroom
until they choose to represent us, and they put it
out there, I felt like in sort of a strong
arm approach, basically saying, you know, good luck, because we're
not going to approve this. And my question for the
Attorney General is, it's very clear you don't want to
represent us. Why won't you allow us to get our
(10:43):
own attorney and go to the court and get a
decision on this. And there's no other reason that that
could be happening, Dan besides that the AG's office is
playing defense for the legislative leadership, and that's unacceptable. You know,
we should not have to rely on an attorney in
the Attorney General's Office who is you know, playing to
(11:07):
the other side and really playing defense for the other side,
but refusing to allow us to get our own attorney,
and then just dragging this on forever, not coming out
and directly saying she refuses to represent us, but just
never giving us an answer as to what her position is,
so that this drag's on forever.
Speaker 2 (11:27):
Well, often we hear, often, you know that we hear
that the attorney general is the is the people's lawyer.
That's the phrase they like to use, that, you know,
the attorney general is the people's lawyer. Well, this, this
attorney general is frustrating what the people voted for last November.
(11:49):
I honestly believe I have a pretty full plate in
terms of what I do during the day, Madam Auditor.
I would say that they would be lawyers better than
me who could put this together as some of an
action by voters. That is the specific class that is
(12:11):
being frustrated here. And you, I think could be a
member of that class if you would certify that you
voted in the election and that you voted in favor,
which of course I'm sure you did. So I'm throwing
that to you as a thought and an idea. Check
with your lawyers. I think that I might be correct
(12:31):
on that one. And you may have a workaround around
the frustration. I want to ask when you come back
what sort of support you're getting from the Governor's office,
the Lieutenant Governor, and the Secretary of State, all of
whom talk a lot about transparency and the will of
the people. I want to see if you've got any
support from them. We'll try to take a couple of
(12:53):
phone calls for you. I told you i'd let you
go at nine thirty, but I'm going to talk about
this for the balance of the hour, and I want
to hear from some people who might want to join
UH and become a member of that that class. I'll
bet you we can find you ten ten voters voters
tonight and I'll have I'll have Rob take their numbers
and we can pass them on to you. I'll pass
(13:14):
them on to your office tomorrow. We might be able
to wrap that up for you tonight.
Speaker 5 (13:18):
Okay, thank you, Dan, all right, stay right there.
Speaker 2 (13:23):
I'm trying to help. I'm trying to help.
Speaker 4 (13:25):
Monitor that we're taking. I really appreciate it.
Speaker 2 (13:32):
No, I don't, I don't. We will be back with
the Auditor of the com Wealth of Massachusetts. Auditor Diana
Dos Auglio, we'll be back on night's side. Feel free
to jump on board here if you'd like to become
a member of that class. I'm gonna have Rob take
your name and number. You can volunteer right here on
the program and let's see if can get it done.
How about that? Okay, I'll be a member of the class.
If you guys want to be a member of the class,
(13:53):
you can join me. You can join me and and
the and the auditor. I'm thinking outside the box right now,
right now, coming back on Nightside.
Speaker 1 (14:02):
Night Side with Dan Ray on Boston's News Radio.
Speaker 2 (14:09):
With me is the state Auditor, Diana Dizauglio. We had
the state treasurer on last hour just for fifteen minutes,
Deb Goldberg, to talk about the lottery, but we're talking
about something that's equally important, and that is the will
of the voter's last fall to make sure that the
state Auditor could could do her job, which would be
(14:30):
to audit, amongst other things, the state legislature, the House
and the Senate. And I've come up with an idea
and I'm going to do this in the next half hour.
If any of you would like to join me, let's
form a class I think that ten is the figure
that we would need to initiate a class action lawsuit.
The Attorney General apparently is preventing the auditor not providing
(14:54):
as a matter of fact, saying that she not only
would not provide help, but she's telling her that she
cond go forward with an outside law firm that she
would be stopped by the Attorney General. Has the governor,
the Lieutenant governor, the Secretary of State hit anyone giving
you any support up there on this one? Are that
an auditor? Oh?
Speaker 4 (15:13):
No, I don't have support up on Beacon Hilp for
this at all. Unfortunately, did you know It's it's gotten
really bad up there, and it's not okay. What's happening.
The will of the people is being completely ignored, and
it's become quite uncomfortable when I walk into rooms, even
(15:35):
more uncomfortable than it used to be. Believe it or
not when I was in the legislature. Now that this
is past, and you know, look, legislators who voted against
the audit are feeling, you know, that guilt associated with
voting against their communities because they have to now go
back to their communities and explain why they voted against
(15:56):
this audit, and of course it's excuse after excuse after excuse,
a lot of finger pointing, a lot of you know,
trying to strategize how they're going to depict what they
did in a more positive light. But the legislature voted
against following the law and voted to instead allow the
Speaker of the House to still continue to engage with
(16:19):
a private auditing firm and control an audit and whatever's released,
whatever's not released, and.
Speaker 5 (16:24):
What have you.
Speaker 4 (16:25):
And they voted against what you approved on the ballot,
which was for the independent audit to be conducted by
our office, which you know, we added all these state entities,
and you told us to audit the legislature. We've been
trying to do so. The governor has been largely silent,
hasn't actually spoken to me in months, unfortunately, and I
do have a few phone calls out they haven't been returned.
(16:48):
And the Attorney General, as I said, I do believe,
is working with legislative leaders to sty me this effort
and to prevent us from getting access to the core arts.
Speaker 2 (17:00):
Why can only assume problem and a honor you don't
have to adopt this position, But I can only assume
if they are so intent on preventing you from conducting
an audit, there must be something that they do not
want you and therefore the public to know about.
Speaker 4 (17:20):
Well exactly, And I repeatedly have to say this, Dan,
this is not some FBI investigation. Okay, this is an audit,
and it's seeking to look at We've limited the scope
of this audit significantly for the purposes of taking away
any excuse from legislative leaders. You know that they would
(17:42):
try to call this unconstitutional or say there's something wrong
with us, or that we're you know, going out of
bounds with what we're seeking to address. We've limited the
scope of this significantly to only focus on financial documents
and state contracts for the purposes I'm just getting something
done right now for the voters. And even the financial
(18:05):
documents they are saying, well, those are it's unconstitutional for
you to view our financial receipts about how we spend
taxpayer dollars buying it.
Speaker 2 (18:16):
That's the old separation of powers argument, which in my
humble opinion, does not have any application here whatsoever, whatsoever, whatsoever.
Speaker 4 (18:26):
Those documents should be a matter of public record for everybody,
including the auditor's office, you know, but you should all
have access to those records. You shouldn't even need your
state auditor to be the one who goes in and
gets those documents. If you call my office and you
need financial documents, we're required by law to provide those
to you. But the legislature says no, no, no. They
(18:48):
get to spend all of your money in secret, and
if anyone wants to look at how they spend money,
well that's the violation of the constitution. But Dan, we
know better. The constitution is there to protect the people,
not the politics.
Speaker 2 (19:00):
And I assume that some of this might be with
non disclosure agreements and payments that the legislature has been
made has made on behalf of legislators who were facing
civil lawsuits for various and sundry matters. I suspect that while.
Speaker 4 (19:17):
There has to be a reason why they're refusing to
allow us to review those contracts, if there's nothing wrong,
then let us take a look. And even if there
are problems, if there was not you know, malicious intent
behind accidents or mistakes or whatever, you know, someone claims
is the reason behind something that you know was you know,
(19:40):
not documented properly. For example, Okay, again, it's an audit.
If there's nothing to hide, if if something wasn't done maliciously,
or you know, you're not worried about anything really bad
being found, why not just take the audit. Agencies across
the board in Massachusetts take the audit all the time.
They're not always thrilled with the findings.
Speaker 5 (20:01):
Dan.
Speaker 4 (20:02):
Sometimes they get upset with my office and they say, oh, well,
we disagree with what you said about our agency, or
we actually think we have it together and we think
your audit is wrong. They can say whatever they want.
We still do our jobs, though, right, and we put
the report out there, and we let the public know
what we found, what our recommendations are, and then we
(20:22):
move forward. So why refuse a simple audit of your
financial records and your state contracts unless you are hiding
something from the taxpayers that fund your budget.
Speaker 2 (20:35):
Can you imagine what would happen? Let us say, hypothetically,
any one of my listeners received a letter from the
IRS or from the Department of Revenue here in Massachusetts
saying that they were about to be audited. Can you
imagine if they said to the IRS or the door,
you're not going to audit me. I'm not going to
participate in an audit. I mean they would have a mound,
(20:57):
a heap of problems here, Diana. I'm serious. If you
would like, I will ask for some of my listeners
as volunteers to leave a phone number, daytime phone number,
or I can hold on to the daytime fold numbers
for you. If your lawyers agree that the idea of
(21:19):
a class action lawsuit from voters, from residents, from.
Speaker 4 (21:24):
Taxpayer, well, I will tell you this. The attorneys that
have come on board are there to represent the Auditor's
office in this matter, and I do know that they
would not take on two lawsuits on this matter at
one time. Okay, so they are developing a legal strategy already, Dan,
But I will tell you this. You're an attorney. If
(21:45):
you want to work together with a couple of attorneys
and put together that group of ten taxpayers to go
to the court and say we have standing and we
want to address this and ask for the judge to
see you, you have my blessing.
Speaker 2 (21:58):
Well, let me do this. Make it easier. Let me
make it easier. Feel free to give my private number
to the lawyers who have stepped forward, willing to work
on your behalf. I'll be happy to chat with them
and explain what my thought is and if I think
that I could get ten people in a New York second,
(22:22):
if they felt that that would be helpful. So let's
leave it that way. I'm not going to ask anyone
to volunteer tonight. I'm going to ask them to react
to this interview. And I promised you i'd let you
go a little at nine and was nine five? Did
you pass my number, my direct private number that you
have on too the attorneys. Have them give me a
(22:44):
call and I will chat with them. They may know
more about the issue than I do. I do not
want to start down, you know and tilted windmills, but
I can I'm sure get you know, the sufficient number
of taxpayers to form a class if you are being
thwarted by the Attorney General. So I leave that with you.
Speaker 4 (23:04):
And I'll ask you this, Dan, I'll ask you us.
You know, I would really appreciate if listeners would please
contact the Attorney General's office and please ask the Attorney
General to stop blocking our access to the courts. The
response that we got from the AG's office today was
very concerning and it was concerning because it wasn't just
(23:26):
that the Attorney General has very clearly, you know, demonstrated
her unwillingness to represent us. It is the fact that
the office is stating very publicly that they have no
plan on allowing us to proceed, even with our own
attorneys to court. They are not going to allow us
to sue. They're going to block us from suing.
Speaker 2 (23:48):
You crystal clear to me to my audience, which curiates me.
And by the way, I would be willing to bet
you that the Boston Globe, which normally would not take
on the legislative leadership, will on this issue take on
the legislative leadership. Have you guys talked with the editorial
staff at the Globe.
Speaker 4 (24:09):
The editorial staff at the Globe endorsed question one wholeheartedly
and actually wrote an editorial about the audit that we
did conduct. We did conduct an audit of the legislature,
but they just didn't participate in it. And the Globe
wrote about the audit and talked about it's you know,
essentially and I'm paraphrasing here professionalism and the fact that
(24:32):
it did some good and that the audit was good
and supported the fact that the legislature should have participated
in the process.
Speaker 2 (24:39):
But the next editorial I want to see from the
Globe is calling the Attorney general on the carpet. Okay.
And I believe because this is someone who literally is
preventing good what I would consider and what everybody would
consider to be a good government action. That's so, I
just I got a lot of ideas, and I am
(25:02):
a someone who believes that when the people speak, their
voice needs needs to be respected, simple as that. It's
a kind of a radical PA.
Speaker 4 (25:12):
And we do have rights. We do have rights here
in Massachusetts. Dan, You know, I said this today on
the air elsewhere and I'll say it here. You know,
when when someone gets arrested, what do they say when
they read people their rights? You know, we all know
the beginning, you have the right to remain silent. But
they also say you have a right to an attorney.
(25:34):
You have a right to an attorney. And what is
happening here in Massachusetts is our top law enforcement officer
sure is playing defense for the legislature and saying to
the people of Massachusetts, you don't have a right to
an attorney, that they're not going to represent us but
they are also going to block us from from having
(25:54):
anybody else represent us, and that is a very scary
place to be in now, in a state like Massachusetts.
This is a threat to democracy right now. This is
not about just an audit. You know, let's put the
audit to the side for a minute here. This is
not about just an audit. The audit is what the
audit is. The audit, you know, when it's hopefully conducted,
(26:16):
will do some good, shine some you know, shine some
light on what's happening in the in the state house.
But let's talk about the other glaring issue right now.
That is actually the really scary issue that lawmakers are
blatantly breaking into law. The top law enforcement agent in
this commonwealth is refusing to enforce it and then saying
(26:37):
that we don't have a right to any attorney and
we're going to be blocked from the judicial system. You know,
I understand that if I go before a court that
they could side with the legislature. I get that they
could side against the people. They could tell me to
poundstand and they could say we don't agree with you,
we're not supporting this audit, and they could send me
(26:57):
packing out of the courtroom and all of you. We
have a right to access that courtroom at a bare minimum,
and it is disgraceful that anyone would try to block
our access to court. So we really need your help.
Speaker 6 (27:14):
Folks.
Speaker 4 (27:14):
Please call the folks of the state of Please call
the Attorney General's office and please advocate for the Attorney
General's office to stop blocking our access, to approve a
specialissistant Attorney General that we have chosen, and to stop
planning to block our access to court as we are
seeking to sue the legislature into compliance with the law
(27:35):
that you all voted for.
Speaker 2 (27:38):
What the Attorney General is doing is subverting democracy. It's
an actual subversion of democracy. That's pretty serious stuff. Madam auditor.
I'm way past by break for the news at the
bottom of the hour. I thank you so much, and
please follow my invitation. If you want to pass my
(27:59):
number along, I'll be more than happy. We could find
a big class of people if you only need ten.
I believe to have a class in Massachusetts and I'll
be happy to talk with anyone you'd like. Okay, thank
you so much.
Speaker 4 (28:12):
I appreciate that. Jan thanks so much. Good night, everyone,
my pleasure.
Speaker 2 (28:15):
Thank you very much the state or audit the call
walth of Massachusetts. We have a newsbreak coming up. If
you're on the line, stay right there. We're going to
get to callers. Uh. And I'm interested how many of
you will be willing to participate as a member of
a class in a class action lawsuit here. You've heard
what the auditor has said. I hope you'll light it up.
I'm not going to ask you to volunteer tonight, but
(28:36):
I'd just like to get a sense of my audience.
I would join that class because I'm a citizen. Even
though I'm a talk show host, I'm a citizen. I
voted for that audit, and I do not want to
see that audit it that audit subverted. Six one seven,
two five four ten thirty six one seven, nine three
one ten thirty. I'll give you a tip. The only
lines open on the six one seven, two, five, four
(28:58):
ten thirty lights light it up. I'll get every in
between now and ten if you're.
Speaker 1 (29:02):
On night Side with Dan Ray on Boston's news radio.
Speaker 2 (29:07):
Okay, we're gonna get right to the calls, and I'm
prepared to move into the second hour, into the ten
o'clock hour. Here do not have a guest scheduled, so
I would like to hear from a lot of people
on this one. It's as simple as that, we're going
to go first, up to Tom, down to the Cape. Tom,
you were first this hour. I just want to ask,
would you be willing to join a class action lawsuit?
Speaker 3 (29:29):
Absolutely?
Speaker 2 (29:31):
I figured you would if we get to that point.
I'm hoping you're going to be calling us back because
I'm going to make that offer. I think we can
get a disparate geographic group of people from around the state,
and also a group of people that would be representative.
You know, as long as you had voted in the election,
and I think you would be qualified if you asserted
(29:51):
that you had voted for that issue.
Speaker 3 (29:55):
I did. One thing I'd like to say is unfortunately
for she's being treated like Republican she's invited to our side.
The side.
Speaker 2 (30:12):
Well, I'll tell you you know, she was she she
was someone who did not put up with a lot
of the grief that was inflicted upon her as a
woman in the legislature. I'm she's a very uh smart
and uh an aggressive woman. She came out of very difficult,
you know, circumstances growing up. She does not come from
(30:34):
She's not a silverspoon Democrat, that is for sure. And
she didn't take any of the the cheap treatment that
sometimes members of the legislatures inflict upon some of their
younger female aids. If you give what if you get
my drift?
Speaker 3 (30:51):
Uh.
Speaker 2 (30:51):
And she want to set it in the in the
in the in the House of Representatives, and they want
to see in the state Senate. So she knows what's
going on. And and and that's why she represents a
great threat.
Speaker 3 (31:04):
I'll tell you she said for her, Let's put it
this way, because it's.
Speaker 4 (31:10):
On the air in tests.
Speaker 3 (31:12):
Yes, and both the people, most of the people that
are in the legislature, because they want to protect their
their championship or whatever.
Speaker 2 (31:23):
Yeah, there's a there's a lot of sheep up there.
And but again that happens. Look, I think it was
a judge Mark Wolf, federal judge, a great federal judge
who's who quoted Lord acton the power corrupts absolute, power
corrupts absolutely. The Democratic legislature controls, overwhelmingly controls the House
(31:44):
and the Senate. They and they also they control the goodies,
the chairmanships. As you mentioned, you hit it right on
the head, talk right on the head and it's disgraceful.
Speaker 3 (31:54):
Well, I'll tell you she's she's got she's got a
tough row to hope. At the bottom line is it
doesn't say the governor has almighty power. It's just even
in us stay constituted. It said, please.
Speaker 2 (32:10):
The people couldn't agree with you more, couldn't agree with
you more. Tom, Thank you so much, Thank you so
much for you continue support of this program. And when
we get around to it, I will talk with the
lawyers that she would like to hire. And if they
say that that she can be stopped by virtue of
the fact that she's a statewide office holder, by the
(32:32):
attorney General, then I suspect we could put together a
class action and I would be more than willing to
be part of that as a citizen, because I have
not lost my rights to speak out as a citizen
in the media. And I will be fair. And by
the way, if if speak of Mariano or Senate President
(32:53):
Spilke wants to come on this program any night and
discuss this issue, they are more than welcome.
Speaker 3 (33:01):
If you want to have Rob take my number down,
just just for future, because.
Speaker 5 (33:06):
Unfortunately okay, I'll ask Rob to do that.
Speaker 2 (33:10):
So if there are people who are going to volunteer,
I will ask Rob to do that. Leave us your name,
your full name, and your and your number. Thank you, Tom,
don't hang up. Rob. Get the name and number of
Tom for me and some subsequent callers as well. Let's
go next to Lawrence. Did you make a playing Lawrence?
Appreciate you calling in next on nights. I go right ahead.
Speaker 7 (33:30):
I'll be happy to be a member of the class
accident if you have to do it then. And also
there's a necessarney by the name of Clyde Bergsteffer that
you should seek out in artis you kept this.
Speaker 2 (33:43):
Excellent well, do me a favor if you would, Lawrence,
if you'd be kind enough to leave your name and
a daytime phone number. He does, he did. Okay, could
you leave the name of that attorney because I would
be more than happy to call the attorney who you recommended,
particularly if he has an expertise in this area. Again,
(34:06):
there there are always lawyers in any area who know
more about an area of specialty than I do. I
think I know this area pretty well, but I'm always
willing to be educated. So if you could also leave
with Rob the name uh and if you have the
phone number of the attorney. If not, I can find it.
Speaker 7 (34:22):
Okay, Okay, I'll do that.
Speaker 2 (34:27):
Thank you, Okay, I very much appreciate it. Thank you
so much, Lawrence. Don't hang up, Rob will take that.
Let me go next to Nancy, who joins us from
Duxbury down on the South Shore. No, Doxbury. Very well, Hi, Nancy,
how are you tonight?
Speaker 8 (34:41):
I'm good. Ray, I've I've talked to you before, Dan,
and Uh, You've got a great show. That's all I
have to say. Thank God, there's somebody out there speaking up,
and you always provide a platform for people to speak
up and speak out.
Speaker 2 (34:55):
Well, that's a that's a high tribute. That's exactly what
I try to do. I want to give people an opportunity,
and I want to give people an opportunity whose voices
are not often heard.
Speaker 8 (35:05):
That's right. Well, there's a lot of fear out there, Dan,
Let's be honest. That's part of six percent of the
state is not representative in the state the House.
Speaker 6 (35:17):
Sure, we're.
Speaker 8 (35:20):
I'm on the dark side too, you know, we're not wanted.
They don't want to listen to us and they're dangerous. Well,
it shows from the NBTA moving right to this.
Speaker 6 (35:32):
Sure, absolutely, dig deep.
Speaker 8 (35:35):
Is what I have to say, and I'm all for it.
Let's dig deep and not stop.
Speaker 2 (35:40):
Well, if you would like to leave your name and number,
a daytime number, where if I talk to these lawyers
and then say, hey, that's a great idea. What basically,
for anyone who's just listening the auditor is set up
is that the Attorney General is not only unwilling to
represent the auditor, which is I believe her responsibility UH
is is to represent uh constitutional officers, because there's six
(36:04):
constitutional officers in Massachusetts who are elected statewide governor, Lieutenant governor,
of the treasurer of the Attorney General, UH the state,
the state auditor, and the Secretary of State. And for
her to not say I'm not going to represent you,
maybe because she fears that the legislature would cut her funding.
(36:25):
UH that's one thing. But to say that she would
then go ahead and actively go to court to prevent
the auditor from suing the heads of the legislature, that's
extraordinarily outrageous. So do me a favorite, Nancy, leave a
name and number, daytime number, and I will look, I'll
collect the names, and if it works out that that's
(36:47):
going to be the best and most direct track to follow,
I'll join with you. Okay, I'm a citizen too. I
may be a talk show host, but I'm a citizen
as well. I know. Thanks, Nancy, don't hang up, Okay,
appreciate it. Let me go out of state for the
first time to Nancy in Rhode Island. Nancy in Rhode Island,
(37:07):
I don't think you would be able to join our
class action suit here. How are you tonight?
Speaker 5 (37:11):
I know, well maybe so. My whole family is from
Massachusetts and still live there, and I do live in
Rhode Island, but I work for the government, and I
am beyond infuriated listening, and I just want to say
that Diane dios Ogil is amazing, beyond amazing, and if
(37:34):
there's any way that I can be in on it,
and I do want your personal self because this is
just I mean, the fact that the Attorney General is
blocking this and per advocacy, and I know a lot
of us don't always agree with everything you're saying, but
the two of you together tonight, the show is amazing,
(37:55):
and well, thank you. The fact that any of this
is going on are allowed is beyond lunacy and idiocy.
Speaker 2 (38:06):
So Rhode Island is Rhode Island is a state that
has had some interesting political quote unquote, I used the
word leaders loosely.
Speaker 5 (38:16):
Else Yeah, exactly totally. And this is again just working
in a public sector and working for the government and
knowing the truth as much as of what you're saying tonight.
The fact that the Attorney general can block any of this,
and Diane has worked beyond beyond what's considered difficult to
(38:42):
try and advocate for the people in Massachusetts and voters
is and if anybody doesn't get that, yeah, ta, can you.
Speaker 2 (38:50):
Imagine seventy the people who went.
Speaker 5 (38:55):
To the polls amazing, amazing.
Speaker 2 (38:57):
You know that is a landslide election no matter what.
Speaker 5 (39:01):
And I've been to law school graduations. I know you
have to, Dan, and I have heard the Attorney General speak,
and the hypocrisy of all of this is just passed
over and above.
Speaker 2 (39:15):
Well, I would say the hypocrisy, the hypocrisy is breathtaking.
Speaker 5 (39:23):
It doesn't even have words. So you know, if you
have personal cell or whatever, but I can't do it
as a voter in Rhode Island. But I do have
voters in Massachusetts, and I would strongly, and I do
have a family of attorneys, and I would strongly and.
Speaker 2 (39:40):
I'm sure that if Diana does Aglio who works really
hard Democrats Okay, this is not a this is not
a Republican Democrat issue. This is all people have spoken
and they are now elected leaders who didn't maybe get
seventy two percent of the vote, who are trying now
(40:02):
to prevent the will of the people from occurring.
Speaker 5 (40:07):
Yeah. Yeah, and she's and you've you've really allowed her
a voice in a way that you know a lot
of people. I mean, you've really allowed her the kind
of voice that needs to be allowed.
Speaker 6 (40:18):
And she's amazing, absolutely.
Speaker 2 (40:21):
On the show many times before, and she will be
she'll be as well.
Speaker 5 (40:26):
Thank you to be supported.
Speaker 2 (40:29):
Thank you so much. I appreciate your call very much.
Speaker 5 (40:33):
Definitely, thank you, Thank you very much.
Speaker 2 (40:35):
Let me go to Ron and Newton Ron next in nights.
Speaker 6 (40:38):
I go ahead, Ron, Hi, Dan, you can thank you
so much. You can count me in on your New
York second Tier. I'm a big fan of of her.
I'm so appreciative of what she's doing. Uh, this this
audit is long, past due. Yeah, So that's all I
(41:04):
wanted to do is let you know that I'm you
can call me in.
Speaker 2 (41:08):
Well, you know what, as long as you leave a
daytime number. I probably have it anyway, but just for security,
we can put it all on one piece of paper
and then I'll consult with the attorneys and if they
think it's a good idea and they're looking for some
people who have volunteered to form a class it seems
to me this is this is a perfect class action lawsuit.
(41:30):
Now maybe someone can find some better lawyer that me
can find some case that they would say, oh, this
was prevented, but this is set up for This is
exactly what class action lawsuits are intended to be able
to accomplish. Ron, if you haven't given your number already
to Rob, please do uh and and I'll keep you
post that, I promise.
Speaker 6 (41:51):
Okay, I have all right, Dan, Thanks so much, Thanks Ron, Okay.
Speaker 2 (41:55):
Thanks, thanks all right, here's what I would like to do.
I am going to uh continue this conversation into the
next hour. Uh if I sense that there are people
out there who would like to join this conversation. So
therefore I'll leave the numbers with you. Light them up.
If there's no one calling, we can always move on.
(42:17):
But I think we need to give this issue more attention.
I'm actually excited about it. Six one, seven, two, five, four,
ten thirty, six one seven, nine three one ten thirty
coming back on Night's side, right after the news at
the at the ten o'clock news. Fill these lines up, folks,
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