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Profile Information

Gender: Male
Hometown: Arkansas
Home country: USA
Current location: Arkansas, USA
Member since: Mon May 15, 2017, 08:46 PM
Number of posts: 10,208

About Me

I'm a lawyer primarily representing clients who are being sued. I am a retired Army Judge Advocate. Nothing I post here, including any comments about legal topics, should be construed as legal advice or creating an attorney-client relationship.

Journal Archives

So, does Paxton get his pardon anyway?

Is filing the "big one" enough or did he have to win?

A small town lawyer's read of the SCOTUS Order.

I will allow that I am not a constitutional law expert but here's what I read.

First, the SCOTUS Order is a miscellaneous order - not a signed opinion. This is the original jurisdiction (cases between states) equivalent of a denial of certiorari. The Court simply found that Texas did not have standing to challenge the election process in other states. This decision is obviously correct and the correct reason for the Court to summarily terminate the case. This disposition is a serious slap-down.

Second, the dissent by Alito and Thomas is far from clear. They would allow the case to be filed - in fact it already had - but would deny further relief. The dissent expresses no opinion on the merits of the case. I think the other relief referenced are the various motions to file amici briefs which, of course, are moot. I am unconvinced Scalia and Thomas expressed an opinion concerning the merits of the Texas pleading.

It would have been nice if Alito and Thomas had put on their big-justice robes and stood up for democracy but that is really too much to hope.

Our boy Tom Cotton embarrasses us again.

Sen. Tom Cotton has said that he will not vote to confirm Susan Rice to any position in the Biden administration because she is the "Typhoid Mary of the Obama administration foreign policy." I am slightly unclear whether he means that no one who was in the Obama administration is eligible or if he's simply saying we ain't having no black woman in the administration.

Either way, Arkansas has a lot to be embarrassed about lately but will no Democrat deliver us from this evil Trumper?

If President Biden appointed me a US Attorney (I know, God forbid),

I would give serious consideration to asking a grand jury to indict by then former Post Master General DeJoy under 18 U.S.C. 1703:

"Whoever, being a Postal Service officer or employee, unlawfully secretes ... detains, (or) delays ... any ... mail entrusted to him ... which was intended to be conveyed by mail ... shall be fined under this title or imprisoned not more than five years or both." (Emphasis added.)

18 U.S.C 1701 appears to reduce the potential prison sentence to six months but I could live with that.

This would be in addition to any penalty imposed by Judge Sullivan for criminal contempt by defying his order.

There might be an argument that as Post Master General all the delayed ballots were not "entrusted to him" but I'd make some federal judge dismiss the indictment.

It's 6:14 CST - I'm still getting Democratic fund raising texts.

Please tell me it's going to stop soon.

First Day of Early Voting

I usually vote on the first day of early voting when the doors open. I have never seen more than a half-dozen people when I voted.

I arrived 15 minutes before the doors opened. There were probably 45-50 people in line when I arrived. By the time I voted, there were another 45-50 people behind me. AA voters were at least twice their percentage of the population.

I was encouraged.

The Biden campaign appears to have computer data harvesting under control.

I received an e-mail today asking for volunteers for Lawyers for Biden to do poll-watching and take election question calls. Of course, I volunteered. (I think there will be no billable hours on November 3. I need to brush-up on Arkansas election law.)

The interesting thing was that I received the e-mail. The campaign obviously knew that I am both a supporter and a lawyer. My guess is that the campaign harvested my occupation from the information provided in on-line contributions through Act Blue. That tells me that Act Blue is searching its data base for contributors who entered "attorney" or "lawyer" on the contribution form and then passing on the e-mail addresses to Lawyers for Biden. Just thinking to do that is impressive.

How do I get the nifty Lawyers for Biden signature thingy for future posts?

The debate is interesting at my house.

Herself keeps talking to Pence. She assures me that she knows Pence can't hear her but she cannot seem to resist.

Now that Trump and Malaria have tested positive for Covid-19,

does President Biden own Hope Hicks the Medal of Freedom?

It's late at night and I've had more than a little liquor so bear with me.

Trump's Poll Watchers

Trump's call for "his people" to monitor the polls got me to wandering about the law concerning poll watchers. I checked the law in Arkansas.

A candidate or party can have two (2) poll watchers at each polling site - one to watch the sign-in table and another to generally watch the voting but they must be designated in writing by the candidate or party and the designation filed with the county clerk. If they have not been appropriately designated in writing, they should be removed. The poll watchers cannot attempt to persuade a voter how to vote, cannot approach a voter in the polling place, and cannot disrupt the voting. Moreover, they cannot wear or carry any campaign materials in the polling place. If they break the rules, they should be removed.
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