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TomSlick

Profile Information

Gender: Male
Hometown: Arkansas
Home country: USA
Current location: Arkansas, USA
Member since: Mon May 15, 2017, 09:46 PM
Number of posts: 8,451

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

I am concerned about CJ Roberts not presiding over the impeachment trial.

I have read several stories about CJ Roberts not presiding over the upcoming impeachment trial. I have seen references to CJ Roberts not wanting the job. What I cannot find is whether CJ Roberts affirmatively declined to preside. According to CNN, both CJ Roberts and Senate pro temp Leahy are declining to answer the question.

I understand the argument that since Trump is not the current president, the constitutional requirement that the CJ preside over impeachment trials does not apply. I am uncertain of that argument. Moreover, it undermines the argument in response to the Trumpster's argument that an impeachment of a former President is somehow improper that the Senate trial is a continuation of an impeachment process that began in the House while Trump was still President

I think that CJ Roberts should recuse from the impeachment trial because it seems likely that, at some point or other, Trump will challenge the constitutionality of the impeachment trial. However, I hope CJ Roberts was invited to preside and affirmatively declined.

I was finally able to watch Wednesday night's inaugural concert.

WOW!

Amazing performances. Fireworks like I've never seen.

Most moving of all - Brayden Harrington recited part of JFK's inaugural speech.

I put out my new U.S. flag.

I have never before felt the need to fly the U.S. flag at my home but a new flag went out today.

Our democratic Republic roused itself, rejected a would-be autocrat, and will survive - at least for now.

The insurrectionist seen in photos with this feet on the Speaker's desk is from Arkansas.

He is Richard Barnett from Gravette.

Arkansas needs to know:
(1) For whom does he work?
(2) Who in Arkansas supported him?
(3) Who are his friends and relations that should be disowning him?

Every Arkansawyer that has ever met this shit stain that does not immediately disavow him should be exposed and shamed.

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.
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