Category Archives: Law

DOJ Should Investigate Stefanik for Obstruction of Justice

Leave a reply

Reliable reports say that Elise Stefanik, member of Congress and GOP Conference Chair, has filed an ethics complaint with the New York State Commission on Judicial Conduct against Judge Arthur Engoron who is presiding over the civil fraud trial of Donald Trump. https://tinyurl.com/y4mka7xs and https://tinyurl.com/3nyb2p4p

Trump is accused of fraud and has already been found guilty. The question remaining in the case is the extent of the penalties that should be imposed on Trump and the Trump Organization.

You may wonder how it is that Trump has been found guilty already when the trial is still ongoing. I will explain.

Judge Engoron concluded based on the pleadings in the case that the legal standard for “summary judgment” had clearly been met. Summary judgment is a process by which courts routinely adjudicate claims when there is “no dispute of material facts” evident from the pleadings. Cornell Law School elaborates using Rule 56 of the Federal Rules of Civil Procedure, which is typical:

… in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law. [https://www.law.cornell.edu/wex/summary_judgment]

“Judgment as a matter of law” means that, given the undisputed material facts, there is no legal basis for finding other than in favor of the movant. Even in a jury trial, motions for summary judgment may be brought and granted when there is no dispute of material fact in the evidence.

That brings up another point to understand. The Trump civil fraud trial is a “bench trial,” meaning there is no jury. The parties are relying on the judge to hear the evidence and issue the decisions. Why? Because Trump’s attorneys did not demand a jury trial and you don’t get a jury unless you ask for one.

Returning to Rep Stefanik’s complaint, she is not a party to the litigation and has no “standing” to be one. “Standing” is a very important principle used in all courts. In Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992), for example, the U.S. Supreme Court established these principles to determine whether a party has “standing” to sue:

    1. The plaintiff must have suffered an “injury in fact,” meaning that the injury is of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent;
    2. There must be a causal connection between the injury and the conduct brought before the court;
    3. It must be likely, rather than speculative, that a favorable decision by the court will redress the injury. [https://www.law.cornell.edu/wex/standing]

The “standing” principle is the one that prevents people from filing legal complaints based on their political opinions where there is no specific injury to their interests. If it were otherwise, the legal system would be completely bogged down as everyone who was unhappy with anything could sue. Imagine you don’t like the way a local car dealer is promoting sales. Unless those promotions have directly impacted you in the purchase of a car from the dealer, you can’t sue in court to compel the dealer to change its advertising or pay you damages because you are offended by its commercial practices.

So, what is going on with Stefanik, a rapid conspiracist and Trump worshipper?

Simply this: Stefanik has attempted to derail Trump’s civil fraud trial, which he is losing badly, by challenging the judge’s conduct of the case in which she has zero actual interest other than her political desire to prevent Trump from being held accountable. In short, she has no standing to challenge the judge. What happens to Trump in his civil fraud trial is none of Elise Stefanik’s business. Her filing against the judge is an effort to obstruct justice. She is using her position as a member of Congress to try to influence the outcome of a civil fraud trial in which she has no economic or other interest other than her political desire to prevent Trump from being held accountable.

The extreme language used by Stefanik suggests that Donald Trump himself, or lawyers working for him, were intimately involved in drafting the document. It repeats most of the hysterical claims Trump and his lawyers in the fraud case have made, trying to provoke the judge into making a reversible error and for which Trump has been twice fined.

The GOP has long claimed to be the party of “law and order” but as regards Trump, it seems unwilling to let the legal system play out. If Judge Engoron has violated the judicial ethics code and made egregious trial management errors that have prejudiced Trump, the legal system provides appropriate remedies that all other Americans would have to pursue.

Stefanik and her Republican cronies aren’t willing to use the legal system properly because they’re afraid Trump will be found guilty of civil fraud and the multiple felonies with which he has been charged. So, they attack the judges, attack the clerks, attack the legal system in an effort to interfere with the system of justice established by state and federal law. They are terrified that Trump, at long last, will be exposed for the criminal that he is and held accountable under the law, like any other American would be in similar circumstances.

The Above the Law article cited in the opening paragraph of this post makes the point that Stefanik’s argument about the valuation of the Mar-a-Lago club is false:

In fact, the court simply noted that this was the value assigned by Palm Beach County tax assessors — a value which Trump himself militated for in an effort to decrease his tax liability. And that’s the entire point of this trial: Donald Trump committed persistent fraud by representing the value of his assets as astronomically high or preposterously low depending on whether he was seeking to evade taxes, score a conservation easement, or get a loan.

He also had a nasty habit of leaving out unpleasant details like rent control restrictions, options to purchase at below-market rates, and the fact that local governments had already put the kibosh on future development. Indeed, Trump told just such a lie on the witness stand Monday when he shrugged off a 2002 document in which he agreed that Mar-a-Lago could neither be converted to a private residence nor subdivided for development, writing that “the Club and Trump intend to forever extinguish their right to develop or use the Property for any purpose other than club use.”

On the witness stand, Trump made the idiotic claim that he still retained development rights because “‘Intend’ doesn’t mean we will do it.”

Another article about Stefanik’s maneuver notes that:

the complaint has all the hallmarks of Trump’s legal team pulling the strings by using the New York Republican as a cut-out to go after Judge Engoron. [https://tinyurl.com/4rv63d38]

Those indicators include multiple legal citations in correct form that Stefanik, a non-lawyer, would likely not have specified on her own.

Given the virtually identical stream of accusations made by Trump and his lawyers in court, the Stefanik complaint does appear to be a ruse perpetrated to derail the trial in which Stefanik has no legally cognizable interest.

For that reason, she is using her office to obstruct the justice process. DOJ should initiate an investigation into the backstory for her action and charge her with obstruction if the facts thus found are as they strongly appear to be.

Who is the Fool?

Leave a reply

In the movie Can-Can (1960), Frank Sinatra, playing, François Durnais, is in court and addresses the judge:

“Your honor, I am a member of the bar and wish to represent myself.”

The Judge replies: “You realize that a lawyer who represents himself is said to have a fool for a client?”

François Durnais responds: “That may be true, but it’s better than having a fool for a lawyer.”

The website https://quoteinvestigator.com/2019/07/30/lawyer/ attributes the earliest iteration of that retort to a book published in 1682 and to numerous others thereafter.

I mention that as background to the remarkable circus playing out in the New York fraud trial against Donald Trump in which it is alleged he, and perhaps other family members, manipulated the values of various assets to secure loans at favorable rates and reduce taxes below appropriate levels.

Overall, the testimony of Trump and family members consists of two points: (1) Trump: the businesses were worth way more than we claimed, I don’t care what anyone says; everyone involved made money so what’s the problem? I relied entirely on accountants and others for valuations despite what I might have signed off on; sure, I was a trustee but, no, I take no responsibility; and (2) Trump family members: Who, me? I wasn’t involved. I know nothing; I relied entirely on accountants and others for valuations despite what I might have signed off on; I just took the money that magically appeared at the end of the rainbow; no, I take no responsibility.”

And together: “We are innocent of all charges, as usual. We did nothing wrong. We are rich because we deserve to be. Thank you; we’re leaving now.”

Nothing about the reported testimony of Trump and family is surprising. What is surprising, shocking really to any sane, responsible lawyer, is the manner in which Trump’s lawyers have adopted his personality and style in addressing the prosecutors and the judge.

It is the most appalling display of bad judgment imaginable. I am hard to surprise at this late stage of life but am stunned that lawyers would think it’s in their client’s interest to attack the prosecutors openly and repeatedly and, worse, to attack the judge handling the case. The normal, and correct, approach is to be respectful at all times, make your arguments, fight for your evidence but always, always show respect to the judge and court staff.

The only “strategy” implied by Trump’s lawyers’ contrary approach is that, having no other meaningful or substantive defense, their attacks might goad the judge into making an appealable mistake by, for example, lashing out at the defendants or making an egregiously bad ruling out of frustration/anger.

The judge is highly experienced, however, and likely knew what was coming. So far, based on the reports, he has maintained his composure and has not made any meaningful mistakes that would support an appeal by the Trump as against the overwhelming evidence that Trump approved, indeed drove and promoted, the use of wildly incorrect asset values in the pursuit of his life-ambition to enrich himself beyond all reason.

How Trump’s attorneys think it is smart to attack the very people who hold their client’s future in their hands is simply beyond understanding, unless it is simply their personal need to get maximum media exposure for themselves by behaving like hooligans in court and to provide more fodder for Trump’s political base that is prepared to believe anything except the truth about him and his grifter family. If that’s what they are doing, they deserve the severest sanctions for gross malpractice for, among other things, putting their interests ahead of their client’s.

In this case, the adage about having a fool for a client appears to miss the mark. This client appears to have fools for lawyers as well. Client and lawyers alike.

Guns Shows & the American Curse

Leave a reply

[The following is a guest post by Nadine Godwin, a longtime friend and former editor of Travel Weekly among other gifts. She routinely spends huge time investigation important issues that are being considered in federal agencies and preparing/circulating alerts, often with drafts of comments. Her messages to a select list of recipients date back to 2017]

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed a rule that would effectively, for the first time ever, require almost anyone who sells guns on the Internet or at gun shows to obtain licenses to make those sales.

This matters because holders of federal firearm licenses are required to conduct background checks on their buyers, to sell only guns with serial numbers and to record the sales.

Currently, gun sellers on the Internet and at gun shows don’t have to be licensed, which means they don’t have to do background checks. This circumstance is often called the gun show loophole, but the loophole is way bigger than gun shows.

These days, nearly a quarter of all gun sales occur without background checks or adherence to the other rules associated with a license to sell firearms. Furthermore, up to 80% of firearms used to commit crimes are obtained from unlicensed sources, i.e., without background checks.

Meanwhile, Americans overwhelmingly (87% to 90%, depending on the poll) favor expanded background checks for gun buyers. I support the ATF proposal because I am one of that huge majority.

The deadline for comments on the ATF proposal is Dec. 7. 

Background + some details of the proposal

Sellers on the Internet and at gun shows aren’t licensed now because the relevant law, the 1968 Gun Control Act, was too vague about which gun sellers must be licensed. Besides which, Internet selling wasn’t a thing in 1968.

As a result, brick-and-mortar operations have gotten licenses, but other sellers have not been pressed to do so. Gun traffickers, individuals with dodgy backgrounds and buyers with lethal intent could thus make their purchases essentially unnoted. It is easy to see how this increases the odds for gun violence.

For the good news (my view), the Bipartisan Safer Communities Act, passed last year, set the stage for expanding background checks.

Whereas the 1968 legislation required licenses for those with the “principal objective of livelihood and profit,” the 2022 Safer Communities law requires licenses for anyone who deals in guns “to predominately earn a profit.” That language isn’t very specific either, but it does contemplate licenses for anyone selling guns for profit even if profits aren’t a significant portion of the seller’s livelihood.

It was left to the ATF, the only federal agency with a mandate to regulate the gun industry, to create the rule that makes clear which sellers must be licensed, based on the updated language found in the 2022 law.

For starters, the ATF proposal states, a person is presumed to be in the business of selling firearms if among other things the person:

    • Repetitively sells or offers for sale firearms within 30 days after they were purchased,
    • Repetitively sells or offers for sale firearms that are new, or like new in their original packaging, or
    • Repetitively sells or offers for sale firearms of the same or similar make and model.

Furthermore, the proposal says, it will be presumed a person intends to “predominantly earn a profit” if among other things the person a) promotes a firearms business, however casually; b) keeps records documenting profits and losses; c) obtains a state or local business license for the sale of firearms, or d) buys a business insurance policy that covers firearms inventory.

The rule, if finalized, will apply to gun sales in flea markets and mail-order businesses as well as in the oft-discussed Internet and gun show venues.

The ATF estimates that anywhere from 24,540 to an astonishing 328,296 unlicensed persons selling guns for profit would be affected by this rule.

Geez, a lot of people sell guns!

What to do

The proposed rule wouldn’t require universal background checks for gun sales (our feckless Congress must legislate that), but it gets us a lot closer.

If you support this enhancement to ATF regulations, please speak up by filing comments by Dec. 7 here: https://www.regulations.gov/commenton/ATF-2023-0002-0001.

I am adding a few sample messages, prepared by gun safety groups, that you can use for inspiration.

Finally, please share this letter with anyone you think might want to comment, as well.

Thanks

Nadine Godwin

P.S. For those who would like to know more about this proposal, I am also adding a helpful explainer. It was prepared by Giffords, a gun safety advocacy group founded by former Rep. Gabby Giffords after she was shot in the head and nearly killed while meeting with constituents in Arizona in 2011.

SAMPLE MESSAGES:

From Brady Campaign to Prevent Gun Violence

I strongly support the proposed rule to ensure that individuals who are “engaged in the business” of selling firearms are licensed, thus requiring them to complete background checks for all firearm sales and maintain records of those transactions, and that dealers who have lost their licenses may no longer sell firearms to the public.

A recent study found that more than one in five gun sales in the U.S. are conducted without a background check, amounting to millions of off-the-books gun transfers annually; many of these transactions are facilitated by individuals who profit from the repetitive sale of firearms yet avoid the oversight required of licensed dealers.

This is a public health and safety issue, and I urge the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives to finalize the rule in order to prevent further firearm transfers to prohibited purchasers.

From Everytown for Gun Safety

Our background check system was created to keep firearms out of the hands of individuals who are not allowed to purchase or possess them. But loopholes in the system — like the ones that allow unlicensed gun sellers to sell guns online and at gun shows without running background checks on their buyers — undermine it.

That’s why ATF’s proposed rule must be finalized. It will help close loopholes in our background check system that have, for decades, been exploited by bad actors like gun traffickers, straw purchasers and other prohibited persons, including domestic abusers and convicted felons.

I support the proposed rule because it makes clear that firearms dealing can take place wherever and through whatever medium guns are bought and sold — whether at a gun show or at an online marketplace — and that conduct, such as selling guns of the same or similar kind and type, constitutes firearms dealing. Such gun sellers will need to become licensed dealers and, as licensed dealers, run background checks.

More to the point, the proposed rule will save lives. That’s why I support the proposed rule and why I encourage ATF to finalize it.

Another canned message prepared by Everytown for Gun Safety

I support the ATF’s proposed rule (Docket No ATF 2022R-17), which would dramatically reduce the number of guns sold without a background check.

I urge the ATF to finalize this rule as soon as possible. Guns sold without background checks — both online and at gun shows — are a huge source for gun traffickers and people looking to avoid a check. These guns often end up trafficked across state lines, recovered at crime scenes in major cities and used against police officers. This contributes to the gun violence epidemic plaguing our country.

The long-standing lack of clarity around which sellers must become licensed and run background checks has made this problem all the worse.

I support the clear commonsense standard laid out in this rule: Anyone offering guns for sale online or at a gun show is presumed to be trying to make a profit and should therefore be licensed and run a background check on each customer. This rule will save lives and should be urgently finalized.

GIFFORDS

COURAGE TO FIGHT GUN VIOLENCE

 FACT SHEET: FEDERAL REGULATION TOEXPAND BACKGROUND CHECKS

THE PROBLEM

Under current federal law, certain individuals with a history of felony convictions, domestic violence, or involuntary mental health commitments are prohibited from purchasing or possessing firearms. This law is enforced primarily through the National Instant Criminal Background Check System (NICS), which licensed gun dealers, those holding a Federal Firearms License (FFL), are required to contact, either directly through the FBI or indirectly through state or local law enforcement, to determine a person’s eligibility to possess firearmsbefore selling or transferring a firearm to them.

There is, however, a significant loophole that exists when guns are sold by unlicensed individuals. Only those sellers who are required to obtain an FFL through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) must perform background checks via the NICS system. As a result of this loophole, unlicensed gun sellers frequently sell guns without background checks online, at gun shows, and through unregulated person-to-person sales.

This loophole makes it far too easy for people prohibited from purchasing or possessing guns to circumvent the laws on the books and obtain guns. Up to 80% of firearms used for criminal purposes were obtained fromunlicensed sources, meaning no background check was required. With the rise of social media and the expansion of internet access, new avenues for unlicensed gun sales have opened up via websites like Armslist.This expansion of access has made the background check loophole an even more salient issue, and in fact,nearly a quarter of gun sales in recent years have occurred without a background check.

“ENGAGED IN THE BUSINESS” AND CHANGES MADE BY BSCA

Fortunately, the landmark Bipartisan Safer Communities Act (BSCA) provides a remedy for the above issue. The 1968 Gun Control Act (GCA) mandates that all those “engaged in the business” of selling firearms acquire an FFL. This status triggers federal laws and regulations that licensees must follow, including the requirement that they conduct a background check on potential purchasers. Before the BSCA,the GCA was unclear as to the level of sales activity that distinguishes someone who sells guns occasionally-and is thus not subject to licensing requirements-from someone who is “engaged in the business” of firearm sales and qualifies as a firearms dealer.

The BSCA updated the definition of “engaged in the business.” Now, instead of including only those who sellguns with “the principal objective of livelihood and profit,” the law includes anyone who deals guns “topredominately earn a profit.”

giffords.org

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reaching Deeper Into the Bottom of the GOP Barrel

Leave a reply

The latest nominee for Speaker of the (barely) Republican-controlled House of Representatives is James Michael (Mike) Johnson, “representing” the 4th District of Louisiana. His official website touts the “7 Core Principles of Conservatism,” the customary blather about the “rule of law,” “free markets,” “limited government,” etc.

Last on the list is “Human Dignity:”

Because all men are created equal and in the image of God, every human life has inestimable dignity and value, and every person should be measured only by the content of their character. A just government protects life, honors marriage and family as the primary institutions of a healthy society, and embraces the vital cultural influences of religion and morality. Public policy should always encourage education and emphasize the virtue of hard work as a pathway out of poverty, while public assistance programs should be reserved only for those who are truly in need. In American, everyone who plays by the rules should get a fair shot. By preserving these ideals, we will maintain the goodness of America that has been the secret to our greatness.

Let’s unpack some of that.

For starters, note that Johnson conveniently picks up the “all men are created equal” from the Declaration of Independence but then, in a classic Republican head-fake, translates “endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” into “in the image of God.” You will see below why this slight-of-hand is central to who Johnson is.

Here’s what Mike Johnson really stands for:

  • Opposed to abortion access.
  • Opposed to medical marijuana.
  • Opposed to same-sex marriage.
  • Falsely claimed Trump had fully cooperated with the Mueller investigation.
  • Opposed to certification of the 2020 election.
  • Voted to overturn 2020 election result in Pennsylvania.
  • Voted against establishing the national commission to investigate the January 6 attack on the US Capitol.
  • Supported Trump’s 2017 Muslim ban.
  • Supports ending military aid to Ukraine so it can be absorbed by Russia.

[Wikipedia: https://tinyurl.com/3m38bmsx]

So much for the “rule of law” and the “inalienable right” to the “pursuit of happiness.”

Johnson is a religious zealot who appears to lack a basic understanding of the principle of separation of church and state while claiming devotion to the rule of law and the Constitution.

This is the man the GOP now has focused its attention on to elect as Speaker of the House, next in line behind the Vice President to succeed to the powers of the presidency.

 

Ode to the Republican House of Representatives

Leave a reply

Isn’t it rich?
Are we a pair?
Me here at last on the ground
You in mid-air
Where are the clowns?

Isn’t it bliss?
Don’t you approve?
One who keeps tearing around
One who can’t move
Where are the clowns?
There ought to be clowns

Just when I’d stopped opening doors
Finally knowing the one that I wanted was yours
Making my entrance again with my usual flair
Sure of my lines
No one is there

Don’t you love farce?
My fault, I fear
I thought that you’d want what I want
Sorry, my dear
But where are the clowns?
Send in the clowns
Don’t bother, they’re here

Send in the Clowns (Lyrics by Stephen Sondheim)

House Speaker Election– Everything You Need to Know About GOP

2 Replies

There are reportedly nine candidates now that madman Jim Jordan has been defeated for the third time. Whatever their actual or presumed credentials are for the job, the single telling distinction between them is absolutely clear:

Only two putative GOP Speakers voted to certify the election of Joe Biden

They are:

Tom Emmer (Minn.)

               Austin Scott (Ga.)

The other seven – well, they are pretty much Trumpers.

Interestingly though, all nine voted for Jim Jordan on all three of his failed attempts to get the Speaker spot. https://tinyurl.com/yf255a4n And,

Emmer … offered his support for a lawsuit that would have even more broadly upended the election results. Scott was included on The Washington Post’s list of election deniers running in 2022.

Finally, not to belabor this, do not forget that the Speaker of the House is much more than the default manager of the House-in-Session. The Speaker is next in line to occupy the office of the President following the Vice President.

Thus, if the Republican clowns in the House had elected Jim Jordan as Speaker, he could have succeeded to the presidency if both the then president and vice president died or were incapacitated. Jordan, who has been elected in Ohio’s 4th Congressional District nine times, https://en.wikipedia.org/wiki/Jim_Jordan, brought to Congress credentials as a wrestling coach. As reported in Wikipedia,

Jordan is a close ally of former president Donald Trump. During Trump’s presidency, Jordan sought to discredit investigations into Russian interference in the 2016 election and staged a sit-in to prevent a Trump impeachment inquiry hearing over the Trump–Zelenskyy telephone controversy. After Joe Biden won the 2020 presidential election and Trump tried to overturn the election, Jordan supported lawsuits to challenge the election results and voted not to certify the Electoral College results. He refused to cooperate with the U.S. House Select Committee on the January 6 Attack, which subpoenaed him on May 12, 2022….

 Jordan earned a master’s degree in education from Ohio State University and received a Juris Doctor degree from the Capital University Law School in 2001. In a 2018 interview, Jordan said he never took the bar examination.

Note 1: Jordan’s law school entering class in 2022 had a median LSAT score of 151. The range of LSAT scores is 120 to 180. Jordan’s LSAT score has apparently not been reported.

Note 2: Researchers at the Center for Effective Lawmaking – a joint project between academics at the University of Virginia and Vanderbilt University – rated Jordan as the 202nd most effective Republican in the House of Representatives out of 205 it examined. https://tinyurl.com/3vuf4e26

No wrestlers have accused Jordan himself of sexual misconduct, but four former wrestlers named him as a defendant in a lawsuit against the university. Jordan has denied any wrongdoing, has refused to cooperate with investigations into Strauss and has described his accusers as “pawns in a political plot.”

 As of 2023, Jordan, who has served in the House of Representatives for over 16 years, has never sponsored a bill that later became law.

Jordan is now, apparently, out of the Speaker picture. I laid out some salient facts about him to add gravitas to the situation facing the country as the GOP continues its long journey to find a replacement for the disgraced Kevin McCarthy.

There appears to be a better than 50-50 chance that the Republicans will elect a Speaker who supports the idea that the 2020 election was stolen, that Donald Trump is innocent of the astonishing list of felonious crimes with which he has been charged in four jurisdictions and for which the known evidence of guilt is overwhelming. That person then stands just below the Vice President as a successor to the vast powers of the presidency of the United States.

That is where we are because that is where the Republican Party has brought us.

 

 

Guns In Schools – American Shame

4 Replies

If you haven’t seen it recently, or ever, you should watch the YouTube video of Jeff Daniels’ answer to a college sophomore’s question: why is America the greatest country in the world? It’s here: https://www.youtube.com/watch?v=z2HKbygLjJs, from a great TV show called The Newsroom, well worth watching in its entirety.

I don’t know whether the data Daniels cites in the excerpt is accurate today but in general terms it likely is. That’s a hard pill for many Americans to swallow. Fear and loathing are rampant throughout the country, especially in the so-called “red states,” where Republicans promote the decline of the United States for political gain but have no solutions to offer except blaming others for what are distinctly American failures.

No better example exists than the data on guns in schools. Guns are seized in U.S. schools each day. The numbers are soaring. https://tinyurl.com/55hxzkm5

More than 1,150 guns were seized in K-12 schools last year

Nationwide, 1 in 47 school-aged children attended a school where at least one gun was found and reported on by the media in the 2022-2023 school year.

One high school student described his school as a “war zone” following the discovery of two guns at school in the first five days of his junior year. Both pistols were loaded.

That student’s experience was typical of “students of every age in every state throughout the school year, a bleak reflection of a society awash in firearms.”

Last school year, more than six guns were seized each day, on average. Nationally, 1.1 million students attended a school where at least one gun was found and reported by the media. Data collection limitations, including the fact that many school districts don’t bother to track the information, make it clear that those figures grossly understate the true magnitude of the danger.

A Washington Post survey of 51 of the country’s largest school systems showed that 58 percent of seizures in those districts last academic year were never publicly reported by news organizations. Those same districts said the number of guns recovered on campus rose sharply in recent years, mirroring the growing prevalence of firearms in many other public places.

In some cases, quick action by other students and school administrators almost certainly prevented mass murders of students and teachers. But reports indicate that some school districts are more concerned about avoiding scrutiny and causing alarm than they are interested in protecting students and school staff.

Police in Golden Valley, Minn., complained in March that middle school officials waited five days to notify them of two boys who appeared to be posing for social media pictures while holding a gun in the school bathroom; a spokesperson for the Robbinsdale Area Public Schools district said officials have worked since then to improve the school-police partnership.

That sounds like, “we take our peoples’ security very seriously. Their safety is our top priority.” Those are probably the most common, and meaningless, clichés in modern American language.

In 51 of the 100 largest school districts, representing 6.3 million students, 515 guns were found during the last school year. Only 42 percent of those seizures were reported publicly. In DeKalb County, Ga., (includes Atlanta) with a 2020 population of 764,382, only two of the 24 guns were reported.

The 47 districts for which The Post was able to obtain five full school years of data saw a 79 percent increase in guns found on campuses over that time frame [past five years]. In many communities, the number of guns found has more than doubled, a trend that mirrors a precipitous rise in school shootings.

While many instances of guns in schools are the result of gross parental negligence, or worse, that is far from the whole story.

The gun brought to Rome High on the fourth day of school was stolen in Alabama. According to media reports, a gun stolen in Las Vegas found its way into the hands of a 16-year-old at a Lawrence, Mass., high school; another 16-year-old brought a gun stolen in Georgia to his Manchester, Conn., high school; in Columbus, Ohio, a high-schooler showed up with a gun stolen in Martin County, Fla.; and in Nashville, a 17-year-old came to school with two loaded pistols in his backpack, one of them stolen out of Madison, Ala. An 18-year-old was arrested at a high school in Ames, Iowa., for possession of a 9mm semiautomatic pistol that was stolen from the center console of a pickup truck in Cape Girardeau, Mo., according to a police report. The teen said he bought the gun from a stranger at a gas station in Missouri, seeking protection, the report said.

While it is tempting to blame the problem in large part on teenage “craziness,” the data indicates that many younger students are involved:

… authorities found guns on at least 31 students age 10 or younger during the 2022-2023 academic year …. As is the case in most school shootings, the majority of those guns were brought to campus by children who could not legally purchase a firearm on their own.

Common Threads

Several common themes leap out from the Washington Post and other reports about kids bringing guns to schools:

  • School administrators are often slow to act and slow to inform parents about incidents.
  • Administrators are sometimes more interested in protecting the school’s “image” than in protecting students and staff.
  • Administrators sometimes refuse to respond to legitimate questions about these incidents, despite their role as public officials with responsibility to protect students and staff.
  • Parents whose carelessness/indifference and/or active support for gun culture are usually not held accountable for the conduct of their children.
  • Kids who bring guns to schools are often sheltered from consequences because they are minors.

That last point raises a bigger question. American society generally is based on the view that minors are not fully accountable for their behavior. This policy is based on the science of brain development and a concern that “immature” behavior” attributed to individuals will haunt them later in life and that this is unfair.

Why, exactly, such accountability is unfair is unclear. Also unclear is why it is more appropriate to be concerned about the perpetrators than about their actual or potential victims, many of whom will be traumatized, possibly forever, by their encounter with a fellow student armed and prepared to kill.

There are other consequences too. Teacher shortages because teachers feel disrespected, unsupported, and endangered. Budget issues arising from lawsuits against school systems that failed to do the right, and difficult, thing when confronted with a gun situation. Distracted students wondering when the next threat will walk into their classroom when they should be paying attention to the lesson. And more.

I urge you to read the full Washington Post story that inspired these thoughts. https://tinyurl.com/55hxzkm5 Every American should be concerned that our submission to the prevailing gun culture has led us to a dark place where young school children must undergo training in case their school is the scene of a shooter. And to a place where school administrators are free to simply refuse to communicate about their failures and their self-interested conduct at the expense of students’ safety.

Teachers in dozens of communities raised similar concerns about school safety after gun incidents last school year. In Harper Woods, Mich., in June, the teachers union accused school officials of trying to cover up an incident in which a student with a gun escaped the school staff and evaded metal detectors; in April, the Massachusetts Teachers Association accused a superintendent of “total disregard for the safety of students and school personnel” after a student posted videos of himself on social media that showed him wielding a gun on campus. The Southbridge, Mass., school system disputed the union’s account and said it was working with police on lockdown drills and other safety procedures.

The WAPO story recounts how students evade security systems and why students are often wary of reporting what they see. Once it becomes clear that the school is more interested in its reputation than in preventing gun violence, most kids are not going to risk being called a “rat” when they report someone who is handled with kid gloves and often back in the school soon after.

The graph below tells the story as well as anything. It does not, of course, measure the trauma experienced by students and staff who managed, by luck or whatever, not to be killed or wounded. This is the price we pay for the American obsession with guns.

One of the comments submitted to the WAPO story argued that the data prove that the “fraction of criminal violators in school populations” is so low, we should stop “propagandizing” about the problem. One response posted said: “Gosh, when you put it that way the blood stains almost fade away…” But, of course, they don’t. Ever.

Trump Confesses

Leave a reply

When you hire a lawyer to represent you, it is presumed that when the lawyer speaks or files pleadings in court on your behalf, he is speaking and/or presenting positions with which you concur. He is, after all and in fact and in law, your representative.

Sometimes, lawyers are forced to make arguments that seem preposterous on their face and are in fact preposterous. They normally do this when they are “out of ammunition” in the form of well-reasoned and at least plausible arguments. They do this when the client is desperate to present a defense when none exists. Those lawyers feel duty-bound to not only the zealous representation that legal ethics required of them, but, one might say, to throw something at the judicial wall and just hope against hope that it sticks.

It is thus with the latest Trump effort to escape responsibility for his treasonous insurrection against the government of the United States. Reports state that Trump’s attorneys have thrown such stuff at the wall in the Colorado case brought by the Citizens for Responsibility and Ethics in Washington (CREW) seeking to bar him from the 2024 presidential ballot. https://www.rawstory.com/trump-wont-support-constitution/

Recall that the Fourteenth Amendment to the U.S. Constitution prohibits anyone who has “engaged in insurrection” against the United States from holding a civil, military, or elected office unless a two-thirds majority of the House and Senate approve. I quote the Rawstory article:

Trump’s lawyers are arguing that the specific language of the Constitution argues that this requirement only applies to people in offices who are bound to “support” the Constitution — and the presidency is not one of those offices.

“The Presidential oath, which the framers of the Fourteenth Amendment surely knew, requires the President to swear to ‘preserve, protect and defend’ the Constitution — not to ‘support’ the Constitution,” said the filing by Trump’s attorneys. “Because the framers chose to define the group of people subject to Section Three by an oath to ‘support’ the Constitution of the United States, and not by an oath to ‘preserve, protect and defend’ the Constitution, the framers of the Fourteenth Amendment never intended for it to apply to the President.”

My guess is that Trump’s lawyers don’t expect the trial judge to buy this nonsense. They are instead laying the foundation for an appeal, eventually, to the U.S. Supreme Court where, they hope, the “originalist” thinkers led by Clarence Thomas will “strictly construe” the Constitutional language and hold that “support” is not the same as “preserve, protect and defend” such that the Framers left a gaping hole for people like Trump to walk through while toppling the very structure the Framers worked so hard to establish.

But, you ask, why is this argument nonsense? Here’s why.

We could go on with this for hours, but I think it suffices that Oxford Languages (the world’s leading dictionary publisher, with over 150 years of experience creating and delivering authoritative dictionaries globally in more than 50 languages) has solved the puzzle for us.

“Preserve” is defined as “maintain (something) in its original or existing state.” Synonyms include: conserve, protect, maintain, care for, take care of, look after, save, safeguard, and keep. Antonyms include: damage and neglect.

“Protect” is defined as “keep safe from harm or injury.” Synonyms include: keep safe, keep from harm, save, safeguard, shield, preserve, defend, cushion, shelter, screen, secure, fortify, guard, mount/stand guard on, watch over, look after, take care of, care for, tend, keep, mind, afford protection to, harbor, house, hedge, inoculate, insulate. Antonyms: expose, neglect, attack, harm.

Finally, “defend” means “resist an attack made on (someone or something); protect from harm or danger.” Synonyms: protect, guard, safeguard, keep from harm, preserve, secure, shield, shelter, screen, fortify, garrison, barricade, fight for, uphold, support, be on the side of, take up cudgels for, watch over, be the defender of.”  The antonym: attack.

Being my discerning readers, I know you saw “support” in the third list as a synonym of “defend.”

Even if “support” were not listed there, it is defined as “enable to function or act” and is a synonym of: help, aid, assist, contribute to, back, succor, champion, give help to, be on the side of, side with, favor, abet, aid and abet, encourage, ally oneself with, stand behind, stand up for, defend, promote (among others).

One “rule” I always tried to follow in advocacy when I was practicing law was: don’t be stupid. Trump’s lawyers must be utterly desperate to put forward the argument that the President of the United States is not obligated by his oath of office to “support” the Constitution of the United States. Of all the implausible positions advanced for him and his  many co-indicted co-conspirators, this one take the cake.

The word legerdemain leaps to mind: deception; trickery, chicanery, skulduggery, deceit, deception, artifice, cheating, dissimulation. All seem to apply nicely to Trump’s argument. I particularly like “skulduggery” but that’s just me.

 

 

 

Only a Matter of Time Before Firearms Disaster On a Plane

Leave a reply

“Those who cannot remember the past are condemned to repeat it.”

You’ll be thrilled to know that the Transportation Security Administration has released its first-half 2023 firearm interception numbers. https://tinyurl.com/vtnnazfd You will not be surprised, I suspect, to learn that the 3,251 total interceptions, an average of 18 firearms per day (of which more than 92 percent were loaded) was a 6.5 percent increase from the first half of 2022 (3,053 interceptions; 86 percent loaded). TSA is expecting a year-end increase over last year’s record of 6,542.

Granted that 3,251 is a miniscule percentage of the total domestic passenger enplanements during the first half of 2023 (396,154,000), the fact remains that the discharge of a pistol in a pressurized confines of a cruising airplane could have catastrophic consequences for everyone on board and possibly many more on the ground. So far, we’ve been fortunate that the security systems at airports, and the people who staff them, have detected so many weapons before they were taken on board an aircraft. Whether the 3,251 represents all such weapons, however, we can only hope, but we can’t be sure.

In fact, there is a recent report of an on-duty flight attendant who was arrested at Philadelphia International Airport trying to take a loaded pistol onto a plane. https://tinyurl.com/3fxscr3k The weapon in this case was a loaded .38 Ruger semiautomatic handgun. It was in her purse. With five rounds in the magazine.

The article does not specify which of the many Ruger semiautomatic handguns she carried, but assuming it was among the less expensive, it weighed just under 10 oz with a barrel length of less than 3 inches. The online ads describe it as “highly concealable.” Great. Holds 6 rounds in the magazine and one in the chamber. (In this instance no round was in the chamber, a minor inconvenience if quick shooting were at hand).

Further,

The arrest comes just two weeks after an airport concession worker was stopped trying to take a loaded handgun into the secure airside area of the airport. The worker claimed he forgot the gun was in his bag.

“I forgot I had the gun in my … purse, briefcase, pocket” is the standard excuse offered when TSA detects these items which, in the context of an aircraft in flight, could easily become a “weapon of mass destruction.”

The article says the flight attendant faces firearms charges under Pennsylvania law and “a potential federal financial penalty” related to trying to take a gun through a TSA checkpoint.

And there lies the issue: a “potential financial penalty.” And in many states, no charges would lie under local gun laws because they basically don’t have any.

When passengers bring firearms to the TSA security checkpoint, TSOs contact local law enforcement to check the contents of the carry-on bag, safely unload and take possession of the firearm and process the passenger in accordance with local laws on firearms. TSA will impose a civil penalty up to $14,950, eliminate TSA PreCheck eligibility for five years and may require enhanced screening.

Some passengers will be arrested or cited, depending on local laws on firearms.

Not good enough. Some, but not all?  Why not all?

Then, there’s this:

Aircrew can often skip most security screening at US airports as part of the ‘Known Crewmember’ initiative ….

The Association of Flight Attendants (AFA) issued an urgent circular earlier this year warning crew members not to break KCM rules and to be particularly mindful of not accidentally trying [??] to take a firearm through the security checkpoint.

In some cases, the union warned that flight attendants had managed to leave the United States on international trips with a firearm in their luggage only for it to then be discovered as they went to return to the US resulting in hefty fines and even imprisonment.

According to another report, the flight attendant caught in PHL lives in Arizona. https://tinyurl.com/ms36hpmkOne wonders how the pistol came to be with her in PHL if it wasn’t flown there from Arizona. That article notes: “It’s possible that the flight attendant may lose her job here, but generally the consequences for being caught with a gun at a security checkpoint are quite minimal (at least compared to what they’d be in other countries).

A recent report in CNN https://tinyurl.com/3y6tmx4e notes that a June 20023 IATA report shows that “there was one unruly incident reported for every 568 flights in 2022, up from one per 835 flights in 2021.”

Thus, we have reports of deranged passengers fighting with other passengers and crews on in-flight aircraft coming in weekly combined with a multitude of pistols, the vast majority being loaded, being stopped almost literally at the boarding door (and apparently some getting through) – the perfect recipe for an in-flight catastrophe.

We know from statistical principles that even though the chances of an event may be very small, such low-probability events do happen. What will we say when an in-flight disaster brought on by a loaded pistol in-flight brings down an aircraft?

Here’s what: “Oh my, we will undertake a thorough examination of our security protocols because, you know, your safety is our top priority, and we take it very seriously.” That, by the way, is probably the most-repeated and least meaningful cliché in the English language. It is standard public relations formula for after-the-fact, but readily foreseeable, disaster events.

Two days ago, the local news outlet, Patch, reported that a VA Man Blames Wife For Loaded Gun In Carry-On Bag At Reagan National; the man

told officials that she packed his carry-on bag and did not know that he already had his loaded gun inside,” TSA said.

What the article does not discuss is why the gun was already in the man’s carry-on bag. Had he succeeded in taking it on another flight previously and just left in the bag for his next flight when his unsuspecting wife dutifully packed his bag for him?

In a classic example of understatement, TSA’s security director for National Airport was quoted,

It is disappointing to continue to see travelers carrying their loaded guns to our security checkpoints.

Disappointing, yes, indeed. But, more accurately,

There is no reasonable excuse for not knowing you are carrying an unsecured, loaded firearm in your bag. It presents a danger to everyone around you.

Here are the reported firearms captures at National Airport alone:

The current one is the sixth capture in the last three weeks.

What does this tell you? Answer: the current approach is not working and the risk to passengers on planes and people on the ground is growing.

The solution, I suggest, while imperfect, is to have an absolute policy of strictest law enforcement against every person caught with firearms in their carry-on luggage. Every one of them should be prosecuted under federal law and visited with the maximum penalty. Then, maybe, just maybe, gun owners would begin to take the rules seriously.

We can, of course, expect Second Amendment challenges to such an approach. The “originalist” argument will be that that when the Constitution was adopted there was no general prohibition against carrying firearms on planes, therefore, we cannot enforce one now. I don’t have to explain how ludicrous that argument is, so I won’t bother.

Who Was Samuel Johnson?

Leave a reply

Doesn’t much matter. If you must know, Wikipedia has an extensive article on his life as “poet, playwright, essayist, moralist, literary critic, sermonist, biographer, editor, and lexicographer.” https://en.wikipedia.org/wiki/Samuel_Johnson That’s a lot of jobs for one life.

One of Johnson’s most well-known attributed quotes is: “Depend upon it, sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully.”

I thought of that when reading the reports that Jenna Ellis, an unknown lawyer until she joined forces with Donald Trump to overthrow the government and install him as president/king/despot/rule-for-life, had turned on her liege lord. And make no mistake, overthrowing the government and anointing Trump was the plan.

Of course, it failed. Miserably. Not only was the incitement thoroughly documented on video and otherwise, but the attack itself was also filmed by multiple people, including some of the participants themselves in one of the great self-owns of all time. One of the best videos of the attack was produced by the New York Times:  https://tinyurl.com/4btuf4y5

For her efforts, Ms. Ellis has earned the distinction of being indicted, along with Trump and many others, in Georgia. For reasons currently unknown, she was not indicted by the Special Counsel Jack Smith but that could still happen.

Reports now indicate that Ms. Ellis, like some of the other insurrectionists, has had a change of heart. Jenna Ellis Denounces ‘Malignant Narcissist’ Trump, Publicly Distances Herself From Former President,https://tinyurl.com/km4z7v8b:

I simply can’t support him for elected office again. Why I have chosen to distance is because of that, frankly, malignant narcissistic tendency to simply say that he’s never done anything wrong.” The most notable component of Ellis’ remarks was her criticism of Trump supporters. She claimed that some of them had elevated Trump to the level of “idolatry” and were prioritizing their devotion to him over their dedication to conservative ideas, the Constitution, and the country. She challenged Americans, particularly conservatives and Christians, to reconsider their voting and allegiances.

… And the total idolatry that I’m seeing from some of the supporters that are unwilling to put the constitution and the country and the conservative principles above their love for a star is really troubling. And I think that we do need to, as Americans and as conservatives and particularly as Christians, take this very seriously and understand where are we putting our vote.

And in the Guardian, it is noted that “in 2020 Ellis rose from relative obscurity to become part of what she called an “elite strike force team” working to overturn Trump’s defeat by Biden.” https://tinyurl.com/bsk4rjyp

Covering all her bases, Ellis, while rejecting Trump as a candidate to vote for, hastened to assure him that, “I have great love and respect for him personally.” Trump, being the great transactionalist that he is, will not likely find such professions of affection meaningful if she’s going to withhold her vote.

Reading those reports reminded me of some of the defenses offered by Proud Boys and others like them who conspired to pull off the insurrection and have been sentenced to long prison terms.

One popular one was “I was just following the direction of my commander-in-chief,” an apparent reference to the Constitutional provision (Article II) that “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States….” The problem with that defense, of course, was, among other things, that the Proud Boys were not inthe Army, Navy, or a Militia of the any state called into the actual service of the United States.

But, as the Samuel Johnson quote reminds us, the mind concentrates when faced with hanging and the Proud Boys being sentenced to decades in prison is the functional equivalent of being hanged. The defense has been uniformly rejected by the courts, as it should be.

As for Jenna Ellis’ sudden “awakening” to Trump’s “malignant narcissism,” her statements smack of performative timing inspired by being indicted for multiple felonies for which she has few, if any, realistic defenses. If she had been awake during the months leading up to January 6, she would already have been aware that Trump a cancer on American democracy. Many of the tear-shedding insurrectionists in their pleas for leniency have, once sentenced, reverted to type, and continued to declare their allegiance to Trump and the false-flag “stolen election” nonsense. One can’t help wondering if Ellis won’t do the same thing once she knows just how high her hanging will be.