Mention the President, Lose a Case? Defense motion to ban George W. Bush's name at trial defeated.

[djg21]

Source: Law.com

Apparently President George W. Bush is now so unpopular that some lawyers believe the mere mention of his name in front of a jury could tip the scales against them.

Attorneys Michael P. Laffey and Robert P. DiDomenicis of Holsten & Associates in Media, Pa., are defending Upper Darby Township, Pa., in a civil rights suit brought by Harold Lischner, an 82-year-old doctor who claims he was falsely arrested for displaying an anti-war sign at a Bush campaign event in September 2003.

With the case set to go to trial on July 23, the defense lawyers recently filed a flurry of motions, including one that asked Eastern District of Pennsylvania Judge Gene E.K. Pratter to prohibit the plaintiff from mentioning Bush's name.

. . . .

Bush's identity, they argued, "in and of itself, presents the danger that the jury will favor plaintiff.


. . . .

(District Court Judge Gene E.K. Pratter (E.D. Pa.)) found that the message on Lischner's sign and Bush's identity, as well as the circumstances surrounding his visit -- including the war in Iraq and Bush's bid for re-election -- are "relevant to the determination of probable cause and to the adequacy of Upper Darby's training and policies."

. . . .

Read more: http://www.law.com/jsp/article.jsp?id=1184869654447

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Interesting read!

The judge got it right. I just wonder why no claim was asserted for First Amendment Retailation?

[superconnected]

1. hahahahahha rolf rofl, soooo true!

[truthisfreedom]

2. Bwa-ha-ha-ha-ha-ha-ha-ha-ha ha-ha-ha-haaaaaa!

The defense wanted to eliminate bush's name from the proceedings even though the proceedings were about a sign with bush's name on it. What a bunch of idiots. Of course they're going to lose this case. His rights were trampled by bush's local henchmen.

[Seabiscuit]

17. Man, that township and its attorneys are compleat idiots!

First they violate the plaintiff's free speech rights, then they mount the stupidest defense known to mankind.

[WileEcoyote]

19. They had to try it anyway.

If the procedure had worked it could have helped their case.

[Seabiscuit]

20. It's all so frivolous. They should have settled out of court.

[Initech]

3. Ha ha ha ha ha ha ha ha ha ha ha ha !!!!!!

:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

[MH1]

4. Bwahahahahaha!!!!!!!!!!!!

:rofl:

That's one desperate lawyer.

[SecularMotion]

5. Send this one to Keith!

:rofl:

[sakabatou]

6. Lolz

[PurpleChez]

7. Bwah-HAH!

Sad to think this man was arrested for protesting the Chimpenfuehrer.

[bahrbearian]

8. Can he say Ass-hat instead?

[lonestarnot]

9. no, that's Bushitler Nutfuckery, thank you.

[XemaSab]

22. I thought it was Chimpy McCokespoon..

:shrug:

Are you saying I've been getting the Resident's name wrong for the last 7 years?!?!?!

:shrug:

[Strelnikov_]

10. The Chimp should have listened to Dr. Lischner

He could have avoided going down as the worst President in American History.

at a Bush campaign event in September 2003. . . . Lischner, then 78 years old, was one of the 50 members of the public gathered along the driveway and had placed a torso-sized sign on the front of his chest with a message that stated:

"Withdraw our troops from Iraq. Give the $87 billion to the Iraqi governing council and U.N. for immediate relief and repair of the destruction we caused."

[immoderate]

11. It's a no lose situation...

Imagine going to trial against, "He who cannot be named!" LOL :rofl:

--IMM

[jberryhill]

12. Court docs here

One of the attorneys' motions (specific to Bush):

http://www.johnberryhill.com/upperdarby/motion.pdf

The judge's order (on a number of preliminary motions):

http://www.johnberryhill.com/upperdarby/order.pdf

[otherlander]

13. "The mere mention of his name... could tip the scales against them".

Mmmmmmmm.....
Remember when 82% of Americans were worshipping this asshole?

My, how the mighty have fallen. ^_^

[uberllama42]

14. Upper Darby is notorious for its corrupt Republican machine

built over twenty years by Curt Weldon (PA-7). His loss to Adm. Joe Sestak in November was a political sea change.

[uberblonde]

16. Curt Weldon didn't "build" squat.

He was handpicked by John McNichol, the boss of the very powerful Upper Darby machine, to run for county council and then for Congress.

[truthisfreedom]

15. "But Judge, we can't possibly win this case if the plaintiff gets to say what it's about!"

Gahhhhhh!

[GoddessOfGuinness]

18. How about the woman who was arrested in Maine recently...

for crossing a police line back when Dumbyass and Pukin' were meeting?

Any chance her case will be heard in court?

There have been so many instances of illegal arrest, all over the country. :grr:

[DemSoccerMom]

21. Personally, I think

that anyone who uses *'s name in public should be drawn and quartered . . .

:rofl:

[MotorCityMan]

23. It's a stealth Harry Potter tie-in

* is now He-Who-Must-Not-Be-Named.

:-)

[fasttense]

24. So if the judge had agreed, would they have had to say "He who must not be named"? n/t

[hughee99]

25. Wow, what a misleading headline...

In the example they give, the plaintiff wants to mention *'s name, and the defense is arguing that to do so would help the plaintiff win their case. Doesn't this mean the defense believes mentioning *'s name will HELP THE PLAINTIFF WIN, not lose.

Am I reading this wrong?