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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: 8,615

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

A good day as a lawyer.

As a small part of my legal practice, I counsel folks about their estates and draft wills. It's part of being a small town lawyer.

For the first time ever, I convinced a client to make contingent bequests to charities. In her case, to animal welfare charities because, well, she's an animal lover. If her older sister dies before she does, the money goes to the charities.

She's excited about the potential for doing good. I'm pleased about having suggested she do so.

Some days, I really like this gig.

Question about the Iowa caucus.

While it sounds like fun to me, I suspect that folks other than the really politically interested would find a caucus to be a huge expenditure of time on a stinking cold night. Assuming that, if someone is one of the 40% of voters in Iowa who have not decided who to support, will they show up? If not, will it matter?

Biden and Sanders supporters please stop sniping at each other.

It seems that every other post - almost irrespective of the issue - ends up with the Joe and Bernie supporters sniping at each other. It is not only not helpful to the chosen candidate, it is very off-putting. I am finding it more and more difficult to not ascribe the poor motives of posters to the candidate whose picture appears below the post.

We're all on the same team here. In due course, we will figure out who is going to captain the team. In the meanwhile, please stop tearing down the team.

I couldn't bring myself to watch the Democratic debate because of what I feared was coming.

Sure enough, watching the post-debate spin, all the talk is about the candidates attacking each other.

I don't understand what is to be gained by this. Our candidates should talk about Trump, the issues, how much they love their mother - just don't attack each other. They ought not be providing clips for Trump's campaign ads in the general election.

The Republic is at stake! Stop shooting at each other. Stop it - just stop it.

Reference: Professor Turley.

I'm just a small town yeoman lawyer and it is clearly arrogant for me to question a GWU law professor but he lost me today.

I was able to listen to much of Prof. Turley's testimony on the road today - yeoman lawyers spend a lot of time on the road. As I understood Prof. Turley, his position had nothing to do with the essential facts but an argument that the House could not vote to impeach until all witnesses testify - especially those that Trump has prevented from testifying. Essentially, the argument was that the House ought not act until the courts act to force the testimony of recalcitrant witnesses.

I can see how a law professor would come to that conclusion. Law professors understand appellate court precedent. What a law professor might not get is that the courts move slowly - even when on a fast track. In my opinion what Prof. Turley doesn't get is that the judiciary is a co-equal --- and not superior --- branch of government. The "rule of law" does not mean the rule of the courts. It means that no one - no judge, no congress member, and no president - is above (or below) the law.

Prof. Turley also doesn't get that we have an emergency situation. The House - the country - does not have the time to wait on the courts. The election - in November - is in peril. There is no time to wait on the courts. Trump cannot be allowed to delay by the simple expedience of forbidding witnesses to testify until the district, circuit court of appeals, and SCOTUS rule in each case.

Then again, i'm just a small town yeoman lawyer and it is foolish for me to disagree with a GWU law professor.

Trump pardons war criminals

I looked for an earlier post about this but did not find one.

Trump today pardoned three war criminals - pardons that were opposed by the Defense Department.

Link to NBC report: [link:https://www.nbcnews.com/news/military/trump-dismisses-murder-charge-against-green-beret-pardons-army-officer-n1079941|

Countries have an obligation under the laws of war to investigate and punish war crimes. Pardoning war criminals for no reason other than to pander to right-wing pundits violates the obligation of the United States to punish war crimes. Trump is now on record condoning war crimes. As a result, Trump is potentially personally responsible for war crimes committed by service members emboldened by Trump condoning war crimes in the past under rules of command responsibility.

I appreciate that this was lost in the flood of other news today but this is really dark news. An army in which discipline is not enforced is just a very well armed mob.

I HATE going back to "standard" time.

Its dark when I go to the office and dark when I leave. It's all just too depressing. The winter weather is bad enough. Do we have to also live in perpetual night?

I listened to Sen. Sanders on Tweety about his climate change plans.

I agreed with everything he said but at the end of each sentence I yelled at the TV - "but have you fired Nina Turner yet?" As long as he has Nina Turner working in his campaign, I cannot support Sen. Sanders in the primary. I'm wrong and I know I'm wrong but I can't get past this.

Mind you, I will swallow my bile and vote for him if he wins the nomination but I'll need an antacid.

Beto at Little Rock for Moms Demand Action rally.

Herself and I just returned from Little Rock for the Moms Demand Action Rally.

It was 95 degrees, blazing sun and high humidity.

I was expecting a couple of local Democratic politicians and they were great. There was a high school student who was simply amazing.

When I thought things were winding down, the Arkansas head of Moms introduced Beto - who had not been announced as a speaker.

He really wowed the crowd. His proposal for a mandatory buy-back of assault weapons was particularly popular. If nothing else, he is an amazing speaker who has found his issue with gun violence.

I'm still not convinced he's the right guy but I am, in the words of the old gospel song, "Almost Persuaded."

Moms Demand Action For Gun Sense in American - Arkansas rally.

There is a Moms Demand Action rally at 2:00 at the State Capitol.

We need a good turn-out. If you don't have Moms Demand Action t-shirt, put on your Razorback-red t-shirt and show up.

Let's go Arkies, don't just sit there complaining - do something.
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