Lion of the Blogosphere

Archive for the ‘Law’ Category

Still thinking about how unfair the hearings were to Brett Kavanaugh

with 62 comments

In any normal trial, a defendant is allowed to use discovery to obtain evidence to prove his innocence, a process that was denied Kavanugh. As much as Democrats try to say it was a job interview and not a trial, damn it, it was a trial, and the people of America were the jury.

1. The therapist’s records. Normally, therapy is considered privileged, but because Ford presented the therapy as proof that Kavanaugh assaulted her, then in any normal and fair legal proceeding, Kavanaugh would be entitled to obtain those records and even question the therapist at a deposition.

2. The polygraph test. In any normal courtroom, polygraph tests are not allowed because they prejudice the jury while being unreliable. But because the polygraph test was introduced into evidence, it’s only fair that (1) Kavanaugh is entitled to all documentation about it; (2) to cross-examine the guy who gave the polygraph (who would be like an expert witness), and (3) have his own guy give her a polygraph test.

3. Deposition. Kavanaugh is entitled to have his attorney depose Ford and ask her tough questions she was never asked. As well as other people who might know things such as her FBI friend.

4. Cross-examination. Kavanaugh is entitled to have his attorney cross-examine Ford.

5. Present witnesses. Kavanaugh is entitled to have a parade of people called to the stand to testify that they don’t remember any such party (although they would be subject to cross-examination by the other side).

6. Freedom from prejudice. Kavanaugh is entitled for this to take place in a setting where Democratic Senators are not allowed to interrupt every five minutes and give a speech about how much they believe Ford. Where whoever is questioning Ford for the prosecution is not allowed to ask leading questions or give their opinion.

Written by Lion of the Blogosphere

October 9, 2018 at EDT pm

Posted in Law, Politics

An outrageously unconstitutional California law

with 38 comments

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB826

Jerry Brown signed this on Sunday.

The law requires that publicly traded corporations that have their headquarters in California must have a certain minimum number of women on their board of directors.

1. It clearly violates previous Equal Protection Clause rulings by the Supreme Court, specifically Craig v. Boren (1976), which applies “intermediate scrutiny” to sex-based discrimination.

I have to wonder about the cluelessness of the California legislature. They could have made this sexually neutral by also requiring the same number of men if the board of directors was predominately female. Then it would have created a more novel case about whether sexual quotas are prohibited by the Constitution as the Court as already decided is true for racial quotas.

On the other hand, even if the law had been sexually neutral on its face, the Court might see through that and say that the real purpose was to unconstitutionally discriminate against men. It’s more legit, however, to see boards of directors as a spoils system where insiders sit on each others boards, collecting a nice salary for doing practically nothing and just rubber-stamping whatever the CEO asks of them.

I have to state my opinion here that it’s outrageous to think that merely because a person has a vagina, putting her on a corporate board magically makes the corporation a better corporation. Magic vagina power?

2. It violates previous Supreme Court decisions that the state of incorporation controls corporate governance. (Although I have to state my opinion that our state-based system makes absolutely no sense. There are large numbers of corporations that are incorporated in Delaware even though they have no other special connection to Delaware.)

* * *

I hope some corporations move their headquarters to more conservative states as a result of this, but probably not. The big corporations are either run by outright liberals who have themselves drunk the Kool-Aid, or they are just too cucked to risk being publicly seen as anti-women.

Written by Lion of the Blogosphere

October 1, 2018 at EDT am

Posted in Law, Males and Females

Mark Judge says he will talk to FBI

with 36 comments

https://www.cnbc.com/2018/09/28/kavanaugh-friend-mark-judge-i-will-cooperate-with-fbi-probe-of-sex-assault-claims.html

Very brave of him. If I were a lawyer and he were my client, I would recommend that he refuse, regardless of whether or not he thinks he’s innocent and the bitch is lying.

And even though the Statute of Limitations has long since expired. There’s never any good in talking to the FBI when they are out to find some sort of wrongdoing. Look at all of the Trump people who have been charged with lying to the FBI. The best way to never be charged with lying to the FBI is to never say anything to them in the first place.

(I have heard it falsely stated that there’s no statute of limitations in Maryland for felony sex crimes, but in 1982 that was not the case and the crime of attempted rape was not a felony. Because of the Ex Post Facto Clause of the Constitution, you can’t retroactively apply new criminal statutes. The Statute of Limitations question has been previously determined by the Supreme Court to fall under the Ex Post Facto Clause.)

Written by Lion of the Blogosphere

September 28, 2018 at EDT pm

Posted in Law, Politics

Live updates on Twitter

with 37 comments

I fixed the Twitter link in the sidebar.

So far, I think that the Dem’s have played the Republicans and beat them here. It doesn’t even matter whether Ford is telling the truth or not, only law nerds care about actual truth, it’s all about optics and how good of a performance Ford is doing.

If only Repubs had the backbone to just vote on Kavanaugh right away when Ford’s Trump-hating lawyer was playing delay delay delay.

Let’s hope I’m wrong and it turns out that this prosecutor the Repubs hired is going to crush Ford’s credibility sometime later.

Written by Lion of the Blogosphere

September 27, 2018 at EDT am

Posted in Law, Politics, Uncategorized

It’s too bad that Trump didn’t follow my advice

I said that Trump should pardon Flynn and pardon Manafort and pardon Papadopoulos and pardon Julian Assange. And then I said it all again here.

Trump whines on twitter about the witch hunt (which it is), but he doesn’t use the powers that he has as President to put a stop to it.

Written by Lion of the Blogosphere

August 22, 2018 at EDT am

Posted in Law

Manafort defense calls no witnesses

https://abcnews.go.com/Politics/manafort-attorneys-opt-skip-defense-proceed-closing-arguments/story?id=57168855

Presumably, if Manafort took the stand, and actually told the truth as he would be required to do, he would have to say “yep, I cheated on my taxes,” so there’s no benefit to calling him as witness.

It’s very compelling when a defendant testifies that he didn’t do it. I was once watching a rape trial, and the defendant took the stand and told a story about how the sex was consensual, and the jury bought it. He would never have walked if his defense attorneys never called him as a witness in his own defense.

The jury will probably find Manafort guilty, but who knows? A jury let O.J. Simpson (who also didn’t testify) get away with murder.

Written by Lion of the Blogosphere

August 14, 2018 at EDT pm

Posted in Law

The Manafort trial

https://www.cnn.com/2018/08/01/politics/manafort-trial-day-two/index.html

It’s rather significant that there’s a trial taking place at all. The whole assumption behind Mueller indicting Manafort was that Manafort would turn against Trump in order to avoid going to prison. But that has NOT happened. And I’m pretty sure that the reason it hasn’t happened isn’t because of Manafort’s loyalty to Trump. Ha ha. Nope, the fact that this trial is happening is proof that Manafort doesn’t know anything.

The biggest surprise is that Manafort’s defense is to blame his business associate Richard Gates. This is further evidence that Manafort has no useful knowledge that Mueller could use against Trump. If Manafort is willing to throw his longtime business associate under the bus, I’m sure he’d have no problem doing the same to Trump in order to avoid prison.

It’s not surprising at all that Mueller’s team’s trial strategy is to prejudice the jury by presenting Manafort as a rich fat cat who does business with shady people. As the judge himself pointed out, it’s not illegal to be rich or to have a lavish lifestyle, and I would add that it’s also not illegal to do business with shady people as long as you are doing honest work for them. The Mueller team’s legal strategy is as shady as those wealthy Ukranians who Manafort worked for.

Written by Lion of the Blogosphere

August 1, 2018 at EDT pm

Posted in Law, Taxes

Praise for Trump

The rumor is that the Trump administration had been negotiating with Kennedy for months about retiring, and there was an assurance that Kavanaugh, his former law clerk, would be picked to replace him. If this is true, a brilliant move for Trump, who gets to appoint a new Justice before elections in November.

I also praise Trump for sticking with Kavanaugh despite a campaign from both the mainstream media, and anti-abortion extremists on the right, to trick him into picking someone else.

There are complaints by some that Kavanaugh is a “Washington insider” who has close ties to the previous Republican administration. In that, Kavanaugh’s background is a lot like Antonin Scalia, who worked for the Nixon and Ford administrations, and who also served on the D.C. Circuit Court of Appeals. Kavanaugh needs to be judged on his record of conservative jurisprudence and not on who he previously worked for, which really is a plus and not a minus. Clarence Thomas was also a Washington insider. David Souter was a Washington outsider. I’m so glad that Trump wasn’t tricked into nominating Amy Coney Barrett who felt to me like a Souter except on the abortion issue.

Written by Lion of the Blogosphere

July 10, 2018 at EDT am

Posted in Law, Politics

Kavanaugh!!!!

President Trump must have been reading my blog!

Written by Lion of the Blogosphere

July 9, 2018 at EDT pm

Posted in Law

Suing the state because children have low-IQ genes

https://www.theatlantic.com/education/archive/2018/07/no-right-become-literate/564545/

There’s a story in The Atlantic about a lawsuit against the state of Michigan because black kids in a select group of Detroit schools are unable to read, thus being denied their alleged constitutional right to literacy.

The District Court judge ruled for the state, so it’s good to see that there is at least one federal judge who hasn’t gone all-out bonkers SJW. But who knows what might have happened if Hillary Clinton became president instead of Donald Trump, and she seeded the federal judiciary with leftist judges.

Written by Lion of the Blogosphere

July 9, 2018 at EDT pm

Posted in Education, Law

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