Archive for the Law Category

Supreme Court:  K:  “Right!”  J:  “Wrong!” (March 4, 2024)

Posted in Constitution, Law, Supreme Court, Trumpi on March 4, 2024 by e-commentary.org

. . .

J          “Wrong.  Period.”

K          “Right.  Full Stop.”

. . .

K          “The Constitution says ‘We the People of the United States’ not ‘I a sniveling petty night traffic court judge in a backwater jurisdiction of the United States who despises Trumpi and will do anything and everything to defeat him’.  Every person is entitled to due process and a fair and objective hearing in the proper jurisdiction applying applicable law.”

J          “We live in a federalist system that allows and requires the states to act at the right time and in the right circumstance.  The state of Colorado acting through its judicial branch acted properly and commendably.” 

. . .

K          “If there were three more of what I refer to as ‘individualist’ judges – although that term is now incomplete and inadequate – the decision likely would have been 12 – 0.”

J          “Time to appoint non-lawyers to the Court.”

. . .

K          “Was it really a 5 – 4 decision?  When I awake at 0400 hours, I will parse the decision a few more times.  Did Roberts, Thomas, Gorsuch, Alito and Kavanaugh affirmatively rule that Congress has the sole power to enforce the ‘Insurrection’ provision?”

J          “Another thing to worry about at four a.m.  That may be the ‘take home message’ and consequence.”

. . .

K          “The country is coming apart.  The world is ready to explode.  We may not see opening day of grayling season.  The decision has the added virtue of being profoundly restrained and responsible.”

J          “The person dividing the country is now free to continue dividing the country.  He is unrestrained and irresponsible.”   

. . .

K          “I will never again be able to condemn the Supreme Court unconditionally.”   

J          “I dissent.  I am currently and will remain disgusted by their abdication.”

. . .

J          “You’re not getting weak on me?”

K          “Still despise him.  When he emerged, Trumpi was really the ‘symptom’ not the ‘Big Problem’ in the country.  However, now he has metastasized into another ‘Problem’ that plagues the country.”

. . .

[See the e-commentary at Weaponizing The Judiciary: Democratic Prosecutors + Democratic Judges; Republican Prosecutors + Republican Judges:  Bad Math, Very Bad Math (December 4, 2023).  See the two discussions on J6 at January 6:  The Country Needs An Impartial And Objective Inquiry (January 8, 2024) and three years earlier at  On Riots And Rampages (January 11, 2021).]

Bumper stickers of the week:

“Law” and “War” are almost anagrams and read together (Lawwar) are almost palindromes.  

Lawfare = Law + (war)fare.  Very bad idea

Weaponizing The Judiciary: Democratic Prosecutors + Democratic Judges; Republican Prosecutors + Republican Judges:  Bad Math, Very Bad Math (December 4, 2023)

Posted in Judges, Judicial Arrogance, Judiciary, Law on December 4, 2023 by e-commentary.org

. . .

K          “If there are any competent ones in the future to chronicle our present, historians may consider it a bad idea.”

J          “This may be the Age of Bad Ideas.”

. . .

K          “The Democratic prosecutors have done a far more effective job teaming up with Democratic judges to prosecute Republicans.  The Republicans are vicious and ruthless enough to follow suit, yet they are clearly behind the eight ball.”

J          “Give them a chance.  They are just slow.   You know Republicans.”

K          “The courts really are political war zones.”

. . .

K          “In my more than fifty years observing the judiciary, both state and federal courts, I have watched the system degenerate into a filthy cess pool of corruption and cronyism.”

J          “Don’t lose faith.  It can get worse.”

. . .

Bumper stickers of the week:

We live in a country with many, many, many rules and many, many, many laws, but we do not live in a country that believes in or adheres to the rule of law.

You cannot get out of bed in the morning without violating some section of title 18 of the United States Code, the federal criminal code.  In fact, and as a matter of law, you cannot stay in bed in the morning without violating some section of title 18 of the United States Code, the federal criminal code.  In practice, the United States is a system of men not laws because men and women opt from the panoply of laws that punish all behavior and decide who is and who is not imprisoned.

There is no law.  There is only ideology.

All The People In Power.  At Every Opportunity.  All The Time (August 14, 2023)

Posted in Hypocrisy, Justice, Law on August 14, 2023 by e-commentary.org

. . .

J          “Absolutely.  Without exception.  Your ‘favorite’ politicians.  My ‘favorite’ politicians.  The big people who are supposed to protect the little people.”

K          “The big people who are supposed to protect the little people.  My ‘favorite’ politicians.  Your ‘favorite’ politicians.  Without exception.  Absolutely.”

. . .

K          “The Special Counsel regulations state in pertinent part:  ‘The Special Counsel shall be selected from outside the United States Government.”

J          “The way I see it, the regulation uses the mandatory verb ‘shall’ not the discretionary verb ‘may’ so the duty is clear and absolute and simple to implement.  Even the non-lawyer can interpret the language.  Maybe we need more non-lawyers to interpret the language.”

. . .

K          “David Weiss is not outside the government.”

J          “Nope.”

. . .

J          “John Durham was not outside the government.”

K          “Nope.”

. . .

K          “Robert Mueller was outside the government?”

. . .

K          “My ‘favorite’ politicians.  Your ‘favorite’ politicians.  Without exception.  Absolutely.”

J          “Absolutely.  Without exception.  Your ‘favorite’ politicians.  My ‘favorite’ politicians.”

. . .

J          “It is always an inside job.”

K          “Last time I looked, I was on the outside.”

. . .

K          “All the people in power breaking the law all of the time.”

J          “At every possible opportunity.”

. . .

Bumper stickers of the week:

28 Code of Federal Regulations § 600.3 Qualifications of the Special Counsel  “The Special Counsel shall be selected from outside the United States Government.”  (Emphasis added.)

Near the end of the movie “Rancho Deluxe”, Slim Pickens said to Henry Dean Stanton:  “Son, all large-scale crime is always an inside job.”

Lawyers And E-con-omists v. Physicists And . . . Physicists (December 19, 2022)

Posted in E-con-omists, Economics, Energy, Law, Lawyers on December 19, 2022 by e-commentary.org

. . .

K          “de Tocqueville noted the outsized influence of lawyers in the young country.  At the time, e-con-omists were just transmogrifying on the world stage.” 

J          “Today, lawyers and e-con-omists are the high priests ranging the American political and economic landscape . . . and wrecking our land and lives.  We as a society need to disregard the lawyers and the e-con-omists and regard the physicists and the physicists.”

K          “How do we do it today?  I ‘upvote’ you.”

J          “You are agreeing with me again.  That is positive.”

. . .

K         “I shared a story that I reflect on frequently.  An old experienced law professor who taught comparative law in American and European law schools for over two score years shared his settled observations about the fundamental difference in training and perspective between American-trained lawyers and European-trained lawyers.  With some exceptions, an American-trained lawyer first asks:  ‘Can we get away with it?’  With some exceptions, an European-trained lawyer first asks:  ‘Is it lawful?’.”

J          “Lawyers never fail to please.  I read that about $1,400,000,000.00 in now forgiven Paycheck Protection Program loans were distributed to some of the largest law and accounting firms in the country.  About 126 law firms in the Top 300 took $809,000,000.00 in forgiven PPP loans.  About 236 accounting firms in the Top 300 took $635,000,000.00 in forgiven PPP loans.  Greed never rests; greed never sleeps.”

. . .

K          “Me neither.”

. . .

J          “Most successful e-con-omists are celebrity con artists assisting those in power to get away with unlawful activities.  By contrast, physics is reality.  Physics is truth. However, even the most recent announcements about fusion fail to reveal the true Energy Returned On Energy Invested (EROEI) and the limits of current technology. The physical world is stern and unbending and does not yield to our hopes and dreams.

K          Physics may be the true dismal science.”

J          “True enough. I refer to ‘physicists and physicists’ to get one thinking.  Maybe.  Is anyone thinking?  How about the biologists?  Physicists . . . and biologists . . . need to be the new high priests.”

. . .  

[See “The economy is moving from a tailwind pushing it along to a headwind holding it back” by Gail Tverberg at Our Finite World dated December 16, 2022; a discussion of the limits of renewable energy at “‘The New Energy Economy’: An Exercise In Magical Thinking” by Mark P. Mills at the Manhattan Institute dated March 26, 2019 and some perspective on the recent fusion breakthrough at “Scientists Have Made a Breakthrough in Fusion — but Don’t Get Carried Awayby Mark P. Mills at the Manhattan Institute dated dated December 13, 2022.] 

Bumper stickers of the week:

Many live humans; Few dead dinosaurs.

Disregard the e-con-omists; Regard the physicists.

Change your attitude; Change your latitude.

Pay your bills; Develop your skills.

So many challenges; So little time.

Disregard the lawyers and the e-con-omists; regard the physicists and the biologists. 

(Refined) Federal Rules Of Civil Procedure (R FRCP) (August 8, 2022)

Posted in Courts, Law, Rule of Law on August 8, 2022 by e-commentary.org

. . .

K          “One federal judge held up a pen and stated that he affixes his signature to more motions and stipulations for extensions of time than to any other pleading.  Every deadline is absurdly short in practice.  The legal beagles in power should double all deadlines in the rules with one pen stroke.  Even the time to notice an appeal should be doubled.  A party oftentimes needs a longer period of time to accept intellectually and emotionally the consequences of a decision and the challenges of taking an appeal.  60 days instead of 30 to take an appeal.”

J          “That is the problem.  The deadlines are short to benefit the judges not the public.  Judges and lawyers do not take reasonable action without tremendous public pressure.”

. . .        

J          “A judge who orders that you give up a long planned vacation on short notice to generate a draft order and do his work and then dawdles for six months before guessing which way to go is not a sage jurist or a good person.”

K          “Standard operating procedure (sop) in the court system.  Judges view themselves as gods rather than public servants.  Something must change.  Rule changes will not solve everything without a change in behavior.”

. . .

Bumper stickers of the week:

If you cannot fully explain why you believe what you believe, you might be brainwashed.

Society has become so fraudulent that the truth actually bothers people.

“In the Fall an old man’s fancy lightly turns to thoughts of reforming the Federal Rules of Civil Procedure.”  With a nod to Al

Sixth Annual Noble Prize In Jurisprudence (October 18, 2021) 

Posted in Law, Noble Prize in Jurisprudence on October 18, 2021 by e-commentary.org

K          “A prize dedicated to acknowledging and celebrating the work of someone who or some organization that really knows something about jurisprudence and the impact of courts, judges, lawyers and police on the lives and livelihood of ordinary citizens.  Someone who lives the conviction that men and women should establish and respect some norms and standards that are promulgated clearly to all and enforced equally in favor of and against all.”

J          “Someone who advances the Rule of Law and stuff like that.  I like it.”

K          “The recipient of the sixth annual Noble Prize In Jurisprudence . . . is the unsung and uncelebrated solo practitioner laboring often at little to no compensation for ordinary Americans who do not appreciate or acknowledge the sacrifice and contribution in a legal system that vacillates between corruption and ineptitude.”

J          “Will they split the award in thirds?”

. . .

[See the e-commentary at “Fifth Annual Noble Prize In Jurisprudence (October 19, 2020)”, “Fourth Annual Noble Prize In Jurisprudence (October 21, 2019)”, “Third Annual Noble Prize In Jurisprudence (October 15, 2018)”, “Second Annual Noble Prize In Jurisprudence (October 16, 2017)”, “First Annual Noble Prize In Jurisprudence (October 17, 2016)“ and “Award Deadlines (Livelines?) (July 25, 2016)”.]

Bumper sticker of the week:

Give civil rights and civil liberties a chance

Lawyers And Clients: Peas In Pods; Hands In Gloves (March 22, 2021)

Posted in Courts, Judges, Law, Perjury, Perjury/Dishonesty on March 22, 2021 by e-commentary.org

. . .

K          “You tell me the name of a person’s lawyer and I will tell you about the person. The Rho is .97.

J          “You tell me the name of the person and I will tell you about the person’s lawyer. The Rho is .97.

. . .

J          “97 percent of all persons have no moral compunctions about lying or their lawyer lying on their behalf.  What does that say about lawyers?”

K          “What does that say about 97 percent of all persons?”

. . .

K          “Pea in pod.”

J          “Hand in glove.”

. . .

[See the conversation more than eight years ago between the “Lawyer” and the “Client” in the e-commentary at “Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012)” and the e-commentary more than fifteen years ago on perjury – the backbone of the American legal system – at “Perjury, The American Way (February 20, 2006)”.]

Bumper sticker of the week:

Where are the judges?

Fifth Annual Noble Prize In Jurisprudence (October 19, 2020)

Posted in Jurisprudence Award, Law, Noble Prize in Jurisprudence on October 19, 2020 by e-commentary.org

. . .

K          “A prize dedicated to acknowledging and celebrating the work of someone who or some organization that really knows something about jurisprudence and the impact of courts, judges, lawyers and police on the lives and livelihood of ordinary citizens.  Someone who lives the conviction that men and women should establish and respect some norms and standards that are promulgated clearly to all and enforced equally in favor of and against all.”

J          “Someone who advances the Rule of Law and stuff like that.  I like it.”

K          “The recipient of the fifth annual Noble Prize In Jurisprudence . . . is Francis Boyle, a leading advocate of the rule of law and of international law, for his continuing efforts against overwhelming odds to advance and defend civil rights and civil liberties.”

. . .

[See the e-commentary at “Fourth Annual Noble Prize In Jurisprudence (October 21, 2019)”, “Third Annual Noble Prize In Jurisprudence (October 15, 2018)”, Second Annual Noble Prize In Jurisprudence (October 16, 2017)”, “First Annual Noble Prize In Jurisprudence (October 17, 2016)“, “Award Deadlines (Livelines?) (July 25, 2016)” and “Hiroshima And Nagasaki At 75 (August 10, 2020)”.]

Bumper sticker of the week:

Give civil rights and civil liberties a chance

Covid-19 PanICdemic/Plague:  Taking Stock (June 22, 2020)

Posted in Bankruptcy, Blue States / Red States, Book Reference, Covid / Coronavirus, Freedom / Liberty, Law, Medicine, Privacy, Public Health, Wall Street, War and Wall Street Party on June 22, 2020 by e-commentary.org

. . .

K          “Taking stock of the stock market is the stock in trade of the Federal Reserve.  The only certainty throughout this Plague is the Federal Reserve doing everything possible to protect and serve Wall Street.”

J          “Those on every street in and out of uniform who are obliged to protect and serve have protected and served the interests of Wall Street not Main Street.”

. . .

K          “It has been a tough few weeks to be a statue.”

J          “Some had to be moved.  But in their uncontrolled and unfocused rage, they may topple a statue of Lincoln without knowing who he was or what he did, albeit with alloyed motives.”

. . .

K          “This is also a tough time to be a state in the Union.  The federal government can print money at will in unlimited amounts forever until the rest of the world unseats the United States as the purveyor of the world’s reserve currency.  The towns, cities, counties, boroughs, water authorities and other political subdivisions can always file bankruptcy.  But the states are stuck because they cannot print money and cannot deficit spend and cannot file bankruptcy.”

J          “And cannot pay their bills.  The federal government has an out, the other governments have an out and the state governments are left out.  It will soon manifest and not be pretty.” 

. . .

J          “My initial fear was that it appeared to be some variety of the Hantavirus which is far more virulent and infectious than Covid-19.”

K          “My continuing fear is that it is becoming more virulent and infectious.”

. . .

K          “I do not know what to make of “Event 201” in October 2019 with the powerful players playing war games and discussing the outbreak of a Coronavirus at the very same time that the Coronavirus was breaking out.”

J          “The exercise let everyone know that they had more than a clue that the Plague was coming, but they were absolutely clueless about what to do about it as it came.”

. . .

K          “The proper use of masks was obvious.  I joined the cover up immediately and was the first Occidental in my Costco to wear a mask way back in early February.”

J          “Make masks great again.  We have always known that fact despite what those in power said and misled.  However, based on recent findings, the concern with spreading by contact with paper, door handles and the like is still a concern but a less urgent one.”

. . .

J          “Faux libertarians say their right to swing their fists only ends an inch from my nose.  However, their swing is still a battery against me and my nose.  And their refusal to wear a mask and cover their nose and mouth hits me right in my nose and mouth.”

K          “They say it is the hit to the kisser that can be the kiss of death.”

. . .

K          “We are in the halcyon days of the Plague.  When do we enter the next stage?”

J          “That is what I fear.  That is what I don’t know.  I’ll simply go on record as prognosticating ‘Winter’ at this time.”

. . .

[See the e-commentary at “On Freedom and Liberty (May 24, 2010)” and “Who Is Your Big Bad Bogeyman? (March 26, 2007)”.]

Bumper stickers of the week:

Make masks great again

“Every record has been destroyed or falsified, every book rewritten, every picture has been repainted, every statue and street building has been renamed, every date has been altered.  And the process is continuing day by day and minute by minute.  History has stopped.  Nothing exists except an endless present in which the Party is always right.”  George Orwell, 1984  Orwell’s “Party” = War and Wall Street Party?

Does Any Institution In America Function? Oh, And Happy Friday The 13th! (December 9, 2019)

Posted in Academia, Banks and Banking System, Congress, Democrats, Federal Courts, Federal Reserve, Institutions, Jurisprudence Award, Kleptocracy, Law, Medicine, MIC, MICAC, Military, MSM, Noble Prize in Jurisprudence, Pushitzer, Pushitzer Prize In Commentary, Republicans, Supreme Court on December 9, 2019 by e-commentary.org

. . .

J          “I need one more day.”

. . .

K          “You don’t have to name three, just nominate one.”

J          “One institution after the other after the other after the other after the other after the other after the other has failed and continues to fail.  And that is even after lowering the standards to the point that the bar is on the floor.  One more day, I need.”

. . .

K          “The legal system at every level is a fraud and a racket.  We live in a country with many, many, many rules and many, many, many laws, but we do not live in a country that believes in or adheres to the rule of law.  There is no law, there is only ideology.”

J          “The medical and health care / sick careless system is a racket and a fraud.  I drive by the health insurance company skyscraper and reflect that not one person in the monolith has ever applied a band aid to a patient.  There is no care, there is only profitability.”

. . .

K          “The economic system is rigged at every step and turn to loot every last dollar from the people for the benefit of the Kleptocrats.  What is the end game for the expendable consumers who soon will have nothing left to bleed?”

J          “The MSM media is a wholly owned subsidiary of the Kleptocrats.  The message is tightly controlled by obedient droves of stenographers.  As a first step, everyone should skip ‘The Wall Street Journal’ and jump over to ‘Wall Street On Parade’ produced by Pam Martens and Russ Martens.”

K          “Academia is a substantially owned subsidiary of the Kleptocrats.  The message on the critical issues is also controlled and shaped by the corporate sponsors.  The campus buildings are all named for brigands; their kids and grandkids are admitted to skip the classes conducted in the namesake halls.  The hallowed halls are hollow holes.  The MIC is now expanded to include Congress and Academia in the MICAC.”

. . .

K          “Every agency from the Federal Aviation Administration (FAA) to the Federal Maritime Commission (FMC) – in the air and on the sea – is corrupt and incompetent.  Regulatory capture exists at just about every regulatory agency.”

J          “Furlough the ‘L’ out of the Bureau of Labor Statistics (B“L”S).  To determine the real rates of unemployment, a citizen must search in the shadows at “Shadow Government Statistics” prepared and analyzed by the dedicated and informed John Williams.”

K          “And then there is the Federal Reserve.  Probably no other institution, less one and perhaps two, has inflicted more grief and despair on the ordinary citizen with less publicity and notoriety than the Federal Reserve.”

J          “And related agencies such as the Securities And Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Federal Deposit Insurance Corporation (FDIC) are pernicious because they fool the citizen into believing that someone is watching out for him or her.”

K          “And the Department of Defense (DoD) exists primarily to spend money, drop bombs, and kill people but not to provide for the common defense.”

. . .

J          “The CIA and the FBI are a threat to every citizen at home and abroad and now may be affiliated with and advancing the interests of one political party.”

K          “The police in every burg and borough are paramilitary forces occupying the city and the county and the country.  Very few understand that the real Occupy movement in America grinds on.”

. . .

K          “Even many of the vaunted NGOs (Non-Governmental Organizations) surreptitiously serve the government’s interests.  The  Organisation for the Prohibition of Chemical Weapons (OPCW) is a front for the MICAC and shielded by the MSM that advances the propaganda.”

. . .

J          “Local EMTs and fire departments are generally contributing to the public good.”

. . .

J          “The National Credit Union Administration (NCUA) is a credit worthy institution administering its duties dutifully.”

K          “Despite unrelenting opposition from the White House, Republicans and industry, the Environmental Protection Agency (EPA) is doing what it can to reduce the plundering and the pummeling of the Planet.” 

. . .

K          “The ACLU is fighting the good fight.”

J          “Planned Parenthood is improving our plight.”

. . .

[See “Journalist:  Newsweek Suppressed OPCW Scandal And Threatened Me With Legal Action” and other articles in “caitlinjohnstone.com” by Caitlin Johnstone, the 2019 recipient of the Pushitzer Prize In Commentary, dated December 8, 2019 and the discussion of e-con-omics in “Against Economics” in “The New York Review of Books” by David Graeber dated December 5, 2019.]

[See the e-commentary at “Here Comes Da Judge; Dere Goes Da Justice (August 31, 2015)”, “The FBI File:  The American Imprimatur Of Success (January 18, 2016)”, “Suing Law Schools; Suing Gun Makers.  Oh, And Happy Law Day! (April 30, 2018)” and “Clinton, Inc., Trump, Inc., Bush, Inc., Kennedy, Inc., O’Bama, Inc. (October 24, 2016)”.]

Bumper stickers of the week:

“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.”  Eric Hoffer

America is a racket not a republic.

“If the misery of the poor not be caused by the laws of nature, but by our institutions, great is our sin.”  Charles Darwin 

There is nothing you can do to make any material change of any kind in any way today.

“Start where you are.  Use what you have.  Do what you can.”  Arthur Ashe