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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: attorneys

Concealed Carry on Private Property (and Related Issues)

16 Wednesday Dec 2015

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

Amercia, attorneys, concealed carry, Constitution, crime, firearms, freedom, government, gun law, guns, law, militia, Natural Law, NRA, Private property, rights, Saint Thomas Aquinas, Second Amendment, States, terrorism, The People

Americans love guns and with good reason. Every year over a million lives are saved in this country because we are an armed people. We have guns. No one is going to take them from us. Period. The fascist left knows this. The nitwit politicians know this. More common criminals know it. ISIS is going to learn it sooner or later.

In the wake of the ISIS attack in San Bernardino and the brewing Sharia in the Whitehouse the people are buying more guns than ever. This year black Friday was flat except for firearms sales. Broken record after broken record.

People are carrying their guns – everywhere, everyday. If you are a criminal or a terrorist in America, know that hunting season has opened. You will be safer elsewhere.

Daily, it seems to me, I hear more and more of my friends talking about securing a concealed carry permit from their state governments. In Georgia, twenty years ago, one out a hundred citizens had a permit. Now they are more common than driver’s licenses. My mom has one.

I am philosophically opposed to the concept of these permits. What other natural and Constitutional right requires a permission slip? Imagine if they offered or required permits for speech, worship, or freedom from warrantless searches. As a practical matter I have conceded this is one of the state’s games it’s okay to play. Just don’t take it so seriously.

Don’t get too attached either. State after state is beginning to follow Vermont’s lead. They are concerning to me these slips are unnecessary and illegal. It’s called Constitutional carry. Small matters really.

As part of the growing concealed carry discussion I have seen several mentions of certain private establishments that do not welcome armed patrons. Friends on Facebook vow not to support such places. I tend to agree with them.

Buffalo-Wild-Wings-Gun-Free

Buffalo Wild Wings.

A question sometimes posed to me is how much legal weight these business notices carry. The answer is “it depends.” One must consult the law of one’s local jurisdiction.

In Georgia a “no guns allowed” sign is just a sign. It has no legal authority. Every outside door at my local mall has a little picture of a crossed out pistol. Maybe this means long guns only? It doesn’t matter. The worst they can do is ban you from their property. That’s their right as the owner. I can respect it. However, for most men, being banned from a shopping mall is more of a reward than a punishment. The mall I reference is the kind of place I will only enter if I am armed.

There’s a much better, more upscale mall a few hours away in Charlotte. It hosts a fine Cigar shop and fewer thugs. The sign there reminds shoppers not to leave their guns behind in their cars. It is an indirect encouragement to bring them inside.

The law in North Carolina is different too. There signs prohibiting guns on private property do carry legal consequences. A violation of such notice constitutes misdemeanor criminal trespass.

If you carry, you need to know the law. Or, at least, some of it. We have over 23,000 gun laws in the U.S. (all of these serve as no deterrent to criminals and terrorists). Compliance or even comprehension is virtually impossible. Luckily it matters very little.

If you carry concealed and your weapon is well concealed, then no one will know about it. Many public places require passage through metal detectors. Avoid the hassle. Don’t go to these places. The visit usually features payment of a tax or some other unpleasantry anyway.

As for all other locations, just keep the weapon hidden from view and don’t mention it. Everyone will be happy. Mind that if you walk in the grocery store sporting an AR-15 on a tactical sling you may rouse suspicion even if you break no laws. Use a little judgment.

This all reminds me of a conversation I had years ago at an NRA national firearms law seminar (in Charlotte or Pittsburgh I think). These courses feature expect analysis of popular legal issues. There are as exciting as any other law program. Those of us from gun friendly state sir and listen to the horror stories told by colleagues from communist jurisdictions.

That particular time a friend from Massachusetts went on and on about how restrictive are the Bay State’s gun laws. During a recession I approached him laughing. I told him I visit New England regularly and I regularly carry a gun. I informed him I had found a way around all of the restrictive laws. “How?!,” he asked. I smiled and said, “I break them.”

He sputtered and said I could be charged with something. I slapped him on the shoulder and said I knew a good attorney.

Take my car for example. I have been stopped by the police maybe five times in life and not at all in the past ten years. I have never been searched. Any search would have found me heavily armed. But, it never happened. Odds are it never will. Compliance with unjust laws out of fear is a mere phantom. It may be safely ignored as Aquinas suggested.

Note that encourage not the breaking of the valid law. Rather, I adhere strictly to and encourage strict adherence the law of the law. By keeping and bearing armed, the people, the militia, maintain the security of the free state.

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Molon labe.

Reading The Law: The Ancient Alternative to Law School

07 Monday Dec 2015

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Reading The Law: The Ancient Alternative to Law School

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"reading the law", ABA, Abraham Lincoln, Alan Watson, America, attorneys, Blackstone, cartel, Cato, Cicero, English common law, government, Greeks, history, law, law school, legal education, legal profession, Lysander Spooner, Rome, Scotland, Solon, Thomas Jefferson, Thomas More

A few days ago I wrote a column about the trials and tribulations of a beautiful, talented young woman enrolled and embattled at the Moritz College of Law at THE Ohio State University. I’ve also written about my legal education.

Law schools have become a collection of expensive but houses where, if one can tolerate the boredom and foolishness, one is allowed the honor of applying for a state license to practice law. The courses studied in these schools bear little resemblance to the actual law. Graduation does not guarantee admittance to the Bar. Bar test preparation is left to the student once he graduates.

Many determined and intelligent students will succeed on their own merits. A few law schools do a fair job readying students for the profession; most are dismal in their attempts. Alan Watson, of whom I have sung praise before, is the preeminent expert on legal philosophy. He wrote a book, The Shame of American Legal Education, which should be required reading for any American giving serious thought to attending law school.

Watson decries the lack of intellectual rigor and dependence of the case method (religious study of court interpretation of the law) which plague American law colleges. He praises the system of his native Scotland where students attend school for a shorter period of time and actually learn both the letter of and the ideas behind the law. Following graduation the Scots apprentice under established barristers to round out their education and transition into the field.

It’s a far better approach than we Americans use. It is similar to our old system which we adopted from the British. They had adopted it from the Romans and the Greeks.

For ages attorneys were educated men who studied the law under the tutelage of a practicing attorney. A few had a short period of standardized class time at a college. This formal lecturing range from a few weeks to a year. Upon completion of the apprenticeship the budding lawyers were either certified by a local court or eligible to sit for Bar examination (if any) or they just started working on their own.

The institution was known as “reading the law.” Most of the greatest attorneys of history were produced this way. Their ranks include: Solon, Cato, Cicero, St. Thomas More, William Blackstone, Thomas Jefferson, John Adams, John Jay, Lysander Spooner, Abraham Lincoln, James Byrnes, and Robert Jackson. All of these men were accomplished attorneys. Some were titans of the field.

Marco_Porcio_Caton_Major

Cato the Elder.

In America this was the standard of legal instruction from colonial times until the early 20th Century. The College of William and Mary was the first American school with formal law lectures. These were designed to enhance the student’s apprenticeship. Jefferson attended lectures at William and Mary.

Young men were encouraged to read the law, to understand theory and application:

If you are absolutely determined to make a lawyer of yourself the thing is more than half done already. It is a small matter whether you read with any one or not. I did not read with any one. Get the books and read and study them in their every feature, and that is the main thing. It is no consequence to be in a large town while you are reading. I read at New Salem, which never had three hundred people in it. The books and your capacity for understanding them are just the same in all places.

Always bear in mind that your own resolution to succeed is more important than any other one thing.

Abraham Lincoln, 1855

Things began to change in the late 1800s. It was then the newly formed American Bar Association began to lobby states to restrict licensing to those who had attended law schools. Later the ABA commenced its practice of certifying the schools. This cartel approach of command and control protected the monopoly of the existing bar members. The results, from a quality viewpoint, were mixed. Blackstones and Jeffersons are hard to come by these days.

The radical expansion of law school power coincided with the massive growth of government. Both resulted in the growth and increased complexity of the laws. As Cicero noted, more laws means less justice. Of course, justice had nothing to do with these trends. They were premised entirely on control and money.

Nonetheless a few states still adhere to the reading tradition although it is frowned upon. Those who stand to lose prestige and tuition frown a lot.

California, Maine, New York, Vermont, Virginia, and Washington still allow reading in place of law schooling. Each has its own standards and in some a period of law school attendance is required. Out of over 80,000 new lawyers minted in 2013, less than 100 read the law.

The surviving process of reading has been lauded of late by Business Insider and the New York Times. Both note the difficulties faced by a reader.

“The A.B.A. takes the position that the most appropriate process for becoming a lawyer should include obtaining a J.D. degree from a law school approved by the A.B.A. and passing a bar examination,” said Barry A. Currier, managing director of accreditation and legal education for the group.

Robert E. Glenn, president of the Virginia Board of Bar Examiners, was less circumspect. “It’s a cruel hoax,” he said of apprenticeships. “It’s such a waste of time for someone to spend three years in this program but not have anything at the end.”

NY Times.

Of course, anything but the cartel’s way is a hoax. The frowners frown. Never mind the vast number of students who drop out of law school or graduate but cannot pass the bar. At least they paid tuition.

A few organizations exist to perpetuate the old tradition. Sterling Education Services is one. “What if, instead of a traditional law school degree and six-figure debt, you could take the bar exam and achieve your goal through hands-on legal experience?” – Sterling. These groups offer study aids and seminars. They’re looking to cash in on the alternative. Then again, these are the exact same bar prep services law school graduates turn to immediately after law school.

Though frowned upon this ancient alternative is viable. If a lawyer reads the law in a reading state and passes that state’s bar, he can then apply in other states. It would certainly warrant examination by those considering the legal profession. Those who follow this path follow in the footsteps of giants.

Anarchy Is Better Than No Government At All

30 Monday Nov 2015

Posted by perrinlovett in Legal/Political Columns

≈ 2 Comments

Tags

Alan Watson, anarchy, attorneys, chaos, crime, education, evil, freedom, Golden Rule, government, J.R.R. Tolkien, law, legal theory, libertarians, life, Natural Law, Natural Rights, Perrin Lovett, philosophy, political science, politics, UGA

Some years ago I landed in what for me was probably the perfect legal position of employment. I took a job out of law school as a law clerk with a Georgia court. Law clerks review case file, do research and make recommendations to their judges.

My tenure went far beyond the norm. I was afforded the opportunity to wear many hats – each of which fitted me perfectly. I was able to indulge in a great breadth and depth of research with some publication to boot. I was granted the more prestigious title of Staff Attorney. I was also a registered lobbyist, working occasionally in pursuit of projects concerning the judiciary. I even filled in a few times on the bench.

Gravitating naturally towards research and writing and having almost total freedom with my time I began to explore additional opportunities of academic nature. My great interest is in freedom in and out of legal and political systems. I am a theorist. I learned towards some hybrid between legal theory and political philosophy.

The American Bar Association views a J.D. as the equivalent of a PhD for teaching purposes. Most non-law schools hold a different view. I realized I might benefit from another, specialized graduate degree. My choices as I saw them were either a Master of Law or LLM (in law a Master’s degree comes after the doctorate – yes, backwards) or a PhD in poly sci.

My school of choice, based on both reputation and logistics, was the University of Georgia. I had my own strict criteria concerning any entry into these programs.

The only LLM program in the world which interested me was at UGA. It was a directed study of comparative legal theories under the esteemed base master of such philosophy, Dr. Alan Watson. The only PhD I would consider was in political theory or philosophy and, with a concentration in natural law and libertarian/anarchist views.

I demanded, or would have, freedom to explore my own paths. I also included teaching experience as a must have.

My quest never got very far. In short order life dictated I abandon my beloved job and move to a less than desirable locale, practicing less than desirable law. Thus began my professional “downfall.” I ended up, for a brief time, a miserable prosecutor. When I could no longer stand that I entered private practice. Several were my shinning moments but I never regained even a shadow of my former fit and happiness.

Everything happens for a reason. Today, through my writing, I am finally able to pick up where I left off nearly a decade ago. This time, it’s my way on my own by necessity. One, I doubt there is any organized poly sci department in America which would or could house me. That’s fine – times have changed. Today we have YouTube and Udemy. Two, Alan Watson retired and took with him the last vestige of true legal study in the country. Again, I’m on my own. Autodidact or die …

I visited Watson’s office a few times back the. It was my intention to interview him and to be interviewed myself to check compatibility. Per my usual laziness I always showed up unannounced. He was never in. I have never met the man. Perhaps that all was a sign. My little daughter did accompany me on one visit – we had a great time – as such the trip was anything but a waste.

The political science department did receive me for an arranged visit. I toured the facility and we had a good discussion. There was a real chance things might have worked out. Nearly all the faculty members were “liberals” but they seemed to tolerate my extremism rather well. They were open to my ideas of a very loosely structured curriculum and my desire to teach while I worked. They also deemed an attorney in the department a plus. But, as I said, life intervened.

On my afore-mentioned tour I passed many faculty office doors. Many were closed. One was covered in signs and stickers. One of the stickers read: “Anarchy is better than no government at all.” That stuck in my jumbled mind. I think I used it as a title once …

“Anarchy” has various meanings to different people. Of late the term has been used to describe somewhat disruptive protestors of modern socio-economic life. These, to me, appear more like pro-communist or anti-capitalist activists than anything else. Communism is in my mind the polar opposite of anarchy. Then again, I don’t have a monopoly on the word. I suppose this crowd is descended from the mad bomb throwers of yesteryear.

Tolkien, a hero of mine, described his own political philosophy as anarchism. The specifically rejected the bomber disposition; rather, he merely wanted to leave others alone in exchange for equal treatment. This position is as close to my own as any.

Anarchy and “no government” as the door sticker alluded are often used synonymously. However, I don’t think they are one and the same.

Many consider anarchy the equivalent of chaos. To them it is the complete absence of any controls, political or societal, and could only lead to pandemonium. Their views are understandable. For 10,000 years we have been trained to accept some degree of authority outside of ourselves and over us. As society has evolved (or fallen) government and society have also become synonymous. They are not.

One can speak of the American or French or Japanese cultures and traits without the slightest regard for their respective governments. Government did not create the beauty of the natural world. Nor does it bring happiness to small family gatherings. Though they might claim otherwise, politicians had nothing to do with the development of symphony, football, pizza or the quiet enjoyment of an evening cigar.

Anarchy does represent a form of governance. It is one that stems from the natural freedom of association between civilized people. Heavy-handed policies, tactics, and laws are most unnatural. Too many repeat the phrase “government is a necessary evil.” At least they acknowledge the evil but the institution is just that – evil but unnecessary.

Think of anarchy as “Golden Rule” government. Each affords the other respect and vows not to violate the other’s rights and freedoms. Anarchy is freedom. Freedom is happiness.

Yes, not all people are civilized. Criminality is a continuing cost of original sin. Somewhere in time someone postulated the state’s main purpose was to protect the good people from the bad. History shows this premise is a total failure. Governments are typically the worst violators of freedom and dignity. They also have the nasty habits of coercing decent people into supporting and paying for their depravity and of criminalizing private attempts to disrupt real criminal activity.

In the absence of such retarded controls the free would be able to – individually or in concert – using their strength and conscious – shame, disrupt, or terminate undesirable elements.

Other things government is supposed to do, but which it can’t do well and did not invent, are better left to private cooperation. Roads, schools and defense are all possible without state intervention. And they all predate government.

Many a good, libertarian man I know have said to me (almost in desperation) “you have to have some government!” No, I do not. I have reached a point where I am content to manage my own affairs and relations. Perhaps they real mean “they have to have government.” They don’t. It’s the conditioning of 10,000 years at work which convinces them otherwise.

Anarchy isn’t better than no government. It is the best government.

2000px-BlackFlagSymbol.svg

Google.

Note: I realized upon finishing this one that it’s as much about me as my pet philosophy. The two seem intertwined. Funny. I don’t care much for structure and tend to live out a life of personal anarchy. I have to admit that for all the foibles it works out pretty well.

Law Schools: Deans, Dunces, and Degeneracy

28 Saturday Nov 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

abortion, Amercia, attorneys, children, Christians, communism, education, First Amendment, free thought, free-speech, hero, Hobos, idiocy, law school, Madison Gesiotto, Miss Ohio, Moritz College of Law, Natural Law, Nazis, Planned Parenthood, Political correctnous, socialism, students, THE Ohio State University, univerity, writing

This week I protested the wholesale stupidity and cowardice of high school administrators in Massachusetts. Sadly, I now have bigger fish to fry. Fry them I shall. Last night I read about the utter demise of the Moritz College of Law at THE (they put emphasis on that word) Ohio State University.

You may recall my reflections on my own Legal “Education” – a process which bears little resemblance to the legal profession and none to the actual law. Law schools obsess over “positive law,” meaning statutes and court decisions (particularly the courts). There the Natural Law is a heresy.

In general law schools are not worth attending. They offer three years of state worship, communism and idiocy in exchange for entry into a failed and depressing career. THE Ohio State law school provides an excellent example.

Until about 40 or 50 years ago American universities were places where ideas were exchanged and cultivated. Law schools were supposedly high bastions of legal theory. I say supposedly because they also served as gatekeepers for the attorneys’ professional monopoly. Many of our best lawyers – Jefferson, Adams, Spooner, etc. – did not attend law schools – they “read” or self studied the law while apprenticed to a practicing attorney. I digress…

Elementary and high schools provided the base education. They made sure graduates could read, write, add and think for themselves. They also instilled a sense of history and scientific wonder and civic appreciation. Colleges were where serious scholars furthered their learning. Graduate schools were reserved for the elite.

Everything has changed now. Grade schools today serve as temporary detention centers where the inmates are indoctrinated as they await entry into either real prisons, menial employment (becoming rarer), or college admissions. The colleges serve as hosts for semi-professional football teams, sex and drug parties, and havens for the mentally defective, otherwise unemployable people known as “academics.”

Colleges, to include law schools, babysit a generation of uneducated, uninterested, uninteresting weaklings. The students demand “safe spaces.” They obsess over trivial or purely imaginary sufferings of which they have no understanding. They are unfamiliar with free thought or the value of a question. The staff and professors, still mourning the loss of the Soviet Union, cater to this legion of wusses in a desperate bid to keep their own irrelevant jobs. They cater and coddle so long as the little snowflakes are politically correct. The free-thinker, the libertarian, the conservative, the proudly Caucasian and the Christian are considered enemies within.

Madison Gesiotto found out about the deplorable intellectual dishonesty and spinelessness of the Moritz College of Law the hard way. The stunning beauty queen (Miss Ohio USA) came to Moritz for the stunning purpose of furthering her education. A pro-life Catholic and an accomplished writer, she penned a story about the devastating effects of the abortion industry on the black community.

This was a triple sin. First, Christians are supposed to be silent should they even be allowed inside the temples of government worship. Second, abortion is a sacrament to the cult and never to be questioned. Third, and a recent development, the black community is not to be mentioned outside of glowing support for the black lives matter bullshit and other small sects of discontent.

A reasonable, thoughtful person would glean from Madison’s article her concern for black children, all children, murdered by the Satanic likes of Planned Parenthood. The American abortion trade was born of racist Nazi origin. One would think liberals and the modern race hustlers would declare war on rather than fully defend such an institution. Those black lives must not matter.

For her sincere concern and honest scholarship Madison received scorn and even a threat. “The government cannot take action against you for your offensive and racist article. But your colleagues can,” wrote some idiot on Madison’s Facebook page. Madison does not know the fool who posted this statement (smart enough not to be criminal but dumb enough for national condemnation) though she knows or suspects he is a student at Moritz.

I wrote to Madison too, informing her that her online stalker is a wuss and not to be feared. I can almost guarantee he sleeps with a nightlight – the kind who flits about in skinny jeans – the kind just brave enough to threaten a girl on the internet – the kind that finds girls “icky.”

We can tell a good bit about our e-vilgilante by his choice of words. He starts: “The government cannot take action against you …” He really wishes it could. He’s a socialist or Nazi at heart. Anything he deems inappropriate should be a crime. The government should take action.

“…for your offensive and racist article.” Up is down and black is white to these itty bitty babys. An article condemning the murder of several hundred thousand black children each year is racist. Does the bedwetter want them killed? Why? Perhaps his cry is a transferring admission of a conscious he is personally afraid of. And “offensive.” Lefties love nothing more than to be offended by something. Rather than threaten Madison they should thank her for giving them something to cry about.

“But your colleagues can.” Can what? Take what action? Whatcha pansies gonna do? They’ve done it. They sent a Facebook message. They have now exhausted their powers. One would hope they are now safely back in the safe room being safe. You can’t help but feel sorry for them. It’s like coming across a terminally injured rabbit (except the bunny thinks a bit more and isn’t afraid of girl bunnies).

Using this dork as a benchmark Madison has no colleagues at Moritz. She must stand out like a tree among weeds. That last line – the threat – was a subtle warning that politically incorrect thought and expression will be punished by the legal community. The sentiment was echoed by the school itself as I will note shortly.

So what? Madison can’t be kicked out for free speech (though that would rid her of all this stupidity). Perhaps the Ohio Bar will frown on her application. Odds are the review personnel are not smart enough or industrious enough to connect these dots. Even if they did, they can be sued just like a law school. Maybe Madison won’t have the luxury of slaving away 16 hours a day, 7 days a week for years at a big “prestigious” law firm. The kind of firm where, if you survive, they come to you one day and tell you you’re not moving up so it’s time to move out.  Horrors!

No, Madison’s future is secure. She was bright enough to make it on her own anyway. Now, as a victim of statist discrimination, she is a national sweetheart. People (most of us) still love real women and real Americans. She’s probably already had job offers. Maybe book offers. She will be on national television this weekend to explain her experience.

Now, let us look at the school itself. Feeling threatened Madison did what she was supposed to. She contacted the school and arranged a meeting with the dean. At the meeting she found herself confronted by three deans. They blew off her concerns for her safety and freedom and immediately attacked her and her article.

“This is a flawed article, it’s not a good legal piece, it’s not a good journalistic piece, either,” snorted her trio of over(tax)paid assailants. Like the Facebook bully these “academics” revealed a bit of their psyche and lack of mental horsepower. Their statement revealed a lack of understanding of journalism, legal or otherwise.

Dean Alan C. Michaels said he “takes any alleged threat against its students very seriously.” The thought bubble over his head continued, “except in this case. We’re going to abuse the victim here.”

Alan, who graduated from Harvard and Columbia, can be reached at (614) 292-0574. He’s a former prosecutor and criminal law specialist. Criminal. You know. Like threatening remarks criminal. Criminal negligence in refusing to investigate threats. Pitiful. If the roles were reversed, Madison would be in a holding cell somewhere. Pathetic.

Dean Kathy Seward Northern ((614) 292- 7750) alerted Madison she had reached out to the Moritz’s Black Law Students Association and found them not a threat to Madison. This was pointless as Northern knew the stalker was white and likely not a member of the BLSA. Her real intent was probably to fan emotions in the BLSA against Madison’s raaaaaaacism (defending black babies and all that). Her specialty is “environmental racism” whatever the hell that is.

The hidden agenda worked. The BLSA said they were OFFENDED by the racist article. Again, she made their day, showering them with glorious offense. Not mine. All this offense taking is beginning to offend me.

Northern told Madison (probably while looking down her nose) “that in her mind this article could be taken various ways and left questions to be answered.” Yeah, idiot, that’s what good journalism does. It provokes questions. Thoughts. Discussion.

The deans did recommend a “facilitated discussion” between Madison and her intellectual and emotional inferiors. She wisely refused. Such a session would have consisted of lowbrow freaks taunting the young woman (while maybe also flinging poo at her) while the deans looked on in smug approval.

A third dean was mentioned but remains unidentified. It’s as likely as not it was a homeless person pulled in off the street by Michaels and Northern. Hobos look and act much like law school deans. He obviously added nothing memorable to the conversation.

The Moritz website touts its faculty: “Brilliant scholars and devoted teachers, our professors are passionate about making lasting contributions in their fields of expertise and in the lives of their students.” I ponder their lasting contributions to Madison. Maybe they did teach her something – personal fortitude in the face of socialism.

Like a champion, Madison remains undeterred. She wrote another excellent article in her own defense. 

I am Catholic, I am conservative, I am an American, I am a woman, I am a millennial, I am a law student and I am proud.

I am not afraid to voice my opinions and refuse to be stifled by the unwillingness of others to accept views, beliefs or behaviors different from their own.

Madison, Washington Times.

You. Go. Girl.

Concerned Women for America and other groups have come to her defense. Not that she needs it. She has single-handedly defeated the fascists of Moritz. She did it by merely standing up to them. They have no power over her and will fear her going forward. They also have nothing to teach her though this incident has given her an education of sorts.

Madison is beautiful, brave, talented and a winner. She can’t be alone in academia. If there remain even a few like her, then the institution is not completely lost.

northern_kathyHobo-Costume1

The dynamic deanery.

 

Hades’s Deposition

27 Wednesday Mar 2013

Posted by perrinlovett in Legal/Political Columns, Other Columns

≈ Comments Off on Hades’s Deposition

Tags

Atlanta, attorneys, civil litigation, clients, deposition, discovery, experts, green space chickens, scotch

A long time ago I participated in a complex civil litigation case which involved a construction project gone wrong.  The details do not really matter.  I represented the plaintiff in the matter.  The case was difficult enough but my client’s expert’s deposition added a new level of complexity I had not contemplated.

Depositions are factual statements taken under oath as part of the discovery/information process.  It’s a preview of the other side’s cross-examination of a witness at trial.  There are several reasons to depose a witness: first, it provides a oppourtunity to confirm what you know about a case; second, it gives you an idea of what the other side knows and if there any problems on the horizon; third, it sometimes provides a chance to settle a case without further expense.  The other side in this case had to depose our expert in order to assess where we all stood, pre-trial.

This particular case was very fact intensive with reports, statements, and other information in great quantity.  We had to associate an expert to evaluate all of the facts and condense them into a citable report.  The expert hired was a tier one professional who did not come cheap.  He spent days reviewing material and preparing his summary.  He also generated many questions, all important to our legal position.  These questions necessitated the client’s active participation in their answering.  For several months the expert requested this participation and was largely rebuffed.  The client was not unwilling to help rather, he always seemed to drift to other subjects and find excuses for delaying his responses.  We scheduled several (expensive) all day meetings intended to get the client on the same page with the expert.  The meetings never answered some questions.

Thus, the expert was left to guess at some factors and to do his best to assess the facts on his own.  He did a great job overall.  His report served as an excellent basis to proceed in the case.  At his deposition, he defended his positions with great skill, confident his findings supported the plaintiff’s position.

My role was to “defend” the expert during the deposition.  The other side was represented by two attorneys who both took active roles in the examination.  These gentlemen were extremely professional and the expert was not at his first rodeo.  Thus, my job should have been fairly simple.  In such sessions the defending attorney usually requests question clarification when necessary and objects for the record if some questions over-reach the allowable scope of discovery.  The questions may still be asked and answered, the objections take effect if called for later at trial.

Out of professional courtesy, everyone agreed to depose the expert at his metro-Atlanta office, several hours away from mine.  I arrived extra early to confer with the man and plan for any expected troubles.  We had a good meeting and agreed things looked pretty good.  The client was supposed to meet with us in a last-ditch effort to reveal misplaced information.  He showed up with little time to spare, along with the other attorneys and the court reporter.

The opposing side had read and were familiar with our expert’s preliminary report.  Their questions were efficient and run of the mill.  However, my client began at once to exhibit overly odd behavior.  He was restless, talked to himself, talked to me (interrupting my train of thought), and interfered with the questioning to the point that I politely requested a break to speak with him in private.  He then agreed to calm down.

It did not last.  After interrupting several more times, the questioning attorney directed his attention to my client’s disruption.  I once again took him aside for a talk.  It did not take this time.  The client seemed concerned that the expert was not answering certain questions sufficiently as those questions required the information the client was supposed to deliver to the expert but never did.  He was suddenly concerned that the expert did not have all facts.  I reassured him things were going well and asked if he had the additional information, even at the late hour.  He did not.  I cautioned him not to interrupt again and back we went.

Then, during the ordinary course of the questioning, the client went berserk.  He began to only talk (about the questions and other things).  He snatched my note pad and began writing me cryptic notes I did not understand.  I ignored him at this point.  Then he began to pace around the room like a tiger in a cage.  He stopped and talked behind the expert.  He looked over the other attorneys while they spoke.  He talked to the court reported.  I felt a little sick. 

At some point one of the opposing lawyers requested a break so I could attempt to regain control of my client.  I should have told him to leave or threatened to quite myself.  Instead, I pleaded with him to keep from getting himself held in contempt or somethingfor interference. 

We resumed after lunch and went on for the rest of the afternoon.  My client at least remained seated for the most part but he was of no help to me whatsoever.  Usually, a lawyer will ask a present client some questions in order to assist his understanding of the present matter.  I knew it was a lost cause.  I did request that we have a meeting immediately after the session, a get with Jesus prayer meeting, if you will.  He agreed.

However, after the deposition ended the client disappeared.  This did give me a few minutes to apologize to the other side and the reporter.  I assumed man-tiger had gone to his car for something.  I ended up in the expert’s executive office talking about the merits of the matter and the oddity of the day’s event.  Neither of us had ever seen anything like it.  After about an hour we realized our client had not joined us.  I got up and looked for him but found no sign of him in or outside of the office.  Honestly, I was a little relieved.  However, back in the expert’s office a few minutes later the client called.  He reported he was almost back to my office and that he knew where the missing facts were located.  I guessed that he did not, in fact, know anything about the facts and that he must be driving over 100 miles per hour.

My partner later reported to me that the client did stop by a little more than one hour after the deposition was finished.  He rushed in yelling and frightened several other clients.  He ransacked his own files and left muttering to himself.  No facts ever came forth.

Around this time the sun was setting and the expert and I were tired, numbed, and hungry.  We decided to get dinner and drinks.  I called a friend in the area and we all met at a local pub.  There I attempted triage of my mind via single-malt scotch.  It worked and after sobering up I made the long drive home.  By the time I was in the car my brain was dead and I probably would not have passed a road-side sobriety test even if I had not consumed anything.  I didn’t care at the time and, fortunately, there was no incident on the highway.  I stopped in the office after midnight and wrote myself a memo detailing the unusual circumstances of the day.

I learned several things from this affair.  Most importantly, I learned to identify disturbed clients before agreeing to represent them.  I also concluded that all clients needed extensive preparation before depositions with adequate warnings about proper conduct.  In cases like this one I decided the absence of the client would be in the client’s best interests.  I also reflected on the fact that people are not perfect and that patience is a virtue. 

In the end, thanks to the expert’s hard work, the deposition was a success for us.  I also came away a better attorney.  Subsequent depositions, no matter how arduous, didn’t seem that bad by comparison.  I hope you learned a little something from this story.  Maybe not.  Maybe I just needed to vent.  Anyway, always follow paid professional advice, keep quiet when necessary, and keep your speed reasonable.  My head hurts now…

Constitutional Law

13 Wednesday Mar 2013

Posted by perrinlovett in Legal/Political Columns

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This article is an extension of my recent columns on The Constitution, https://perrinlovett.wordpress.com/2013/03/08/the-united-states-constitution/, and Legal “Education,” https://perrinlovett.wordpress.com/2013/03/12/legal-education/.  One would think that the matter of Constitutional law would have been covered in my article on the Constitution itself – unless one also read my treatise on law schooling.

Oddly, in my experience, the Constitution itself is not required reading for Constitutional law classes. Rather, some imported parts of the document are set forth in the text-book used by the professor. This strikes me as intellectually dishonest and unwise, akin to using a dangerous power tool without first reading the directions. Herein, I briefly cover the usual course material from such as class. The professors, many of whom have never been in a court, let alone argued for or against the Constitution, regurgitate the rulings of different courts regarding a limited number of subjects. While there is an occasional discussion of the reasoning behind the opinions, they are generally viewed as sacred, unswerving law. Rare instances where history has determined the rulings to be invalid (i.e. Dred Scott v. Sandford, 60 U.S. 393 (1857)– slavery is okay pre war between the States) are swept under the proverbial rug, written off as mistakes made due to the prevailing thoughts of the cases’ times.

tribe conlaw

(Prof. Laurence Tribe’s ConLaw Book.  Google Images.)

As I have written elsewhere, no reference to Natural Law is made and no critical thought is given to the “why” behind the laws. As Max Tucker wrote recently, any student who dares to pose dissenting views or arguments is detested noticeably by the other students and the faculty. Rarely, student are given the opportunity to delve into the deeper meanings of the cases they study. I was fortunate to be able to write a short essay on the effects of Scott, in which I decried its universal sadness and the role it played in the schism in our nation circa 1861. Part of my essay was read aloud to the class by our professor – another rarity, a former practicing attorney. My points were well accepted. Of course, I had the benefit of over a century of progress on my side. Other topics, which require hypothetical deconstruction, are roundly ignored.

As with all other areas of the law, Constitutional law has degenerated into a study of the constantly shifting case-law which arises under the Constitution.  By the way, I always capitalize the “C” in Constitution out of reverence for the document and its place in our Republic (I do the same for “Republic” too).  I have explained my philosophical troubles and doubts about the Constitution but, due to my sworn allegiance to it, I am honor-bound to defend its ideals.

Case-law study is important and has a valid place in the legal practice.  After all, most attorneys make a living pushing various issues in courts through individual cases.  Each provision of any law is subject to some interpretation as part of its application to the circumstances of the real world.  The trick of “strict construction” application of the Constitution is to adhere as closely as possible to the text and plain meaning of the old parchment.  I follow strict construction as my approach to most laws, in and under the Constitution.  The first fork of any analysis is to determine if the issue scrutinized is compatible with the underlying law.  If the two are compatible, then the analysis shifts to application of your set of facts to the law.  If there is an incongruity, then it is necessary to decide whether the law is improper or if the facts are insufficient for action.

Here’s a brief, over-generalized example, ripped from the recent headlines!:  Mary lives in New York City; she is an avid consumer of Coca-Cola beverages, particularly in large volumes.  Mary went to the corner store in Hell’s Kitchen and ordered a 40-ounce frozen Coke treat.  She was informed by the clerk that a drink of such heft was just outlawed by the wise and magnanimous mayor of NYC, Michael “Soda Jerk” Bloomberg.  Mary, offended and hurt, contacts an attorney in order to take action against the mayor and the city.  Her attorney files a lawsuit seeking an injunction or some other remedy to force the city to curb its policing of soft drink size.  Upon reviewing the case, a judge decides that NYC’s ordinance is too vague to be enforceable and strikes it down accordingly.  Mary happily continues on her guest for obesity.  This represents proper application and analysis of the law and the facts – in this case Mary’s freedom to drink liquid sugar in peace.

Had Mary had a more pressing cause – say a desire to legally and permanently rid herself of a troublesome in-law and she requested her attorney file a similar action to invalidate New York’s statute against murder, her attorney would have likely declined the case.  If he was a fool, and filed an action anyway, the attorney would lose as any court would side with the law irregardless of Mary’s malicious desires.  While it is proper to allow peaceful people to purchase and consume products of their desire, it would be improper and an affront to Natural Law, to allow someone to kill another person without good cause (i.e. self-defence). 

These examples are extremely simple, but they demonstrate my core points.  The problem in the law has arisen from the over deference to certain laws as applied to the real world.  Today, the Constitution is not interpreted as strictly dictated by its own terms or by my previous explanation of the powers it grants.  As I noted before, a few select clauses have been given immortal omnipresence to the extent the entire document has been rendered a nearly lost cause.  All of these clauses give extra, unintended authority to the government to regulate and control everything.  Through various cases over the years, the courts have essentially made up the law or, at least by their interpretation of the laws, have allowed over-reaching actions of the government to stand as legitimate.

Popular of late is the criticism of “activist judges” who take on the role of a legislator in their quests to rewrite the laws of Congress.  Some courts have gone so far as to divine new rights and powers mentioned nowhere in the Constitution.  Roe v. Wade, 410 U.S. 113 (1973) is a poster case for such activism.  In Roe, the Supreme Court opined that abortion of unborn children is a right of pregnant women.  This right stems, allegedly, from the women’s “liberty interest” in their own bodies.  While not found in the text of the Bill of Rights (or elsewhere), this right does exist and should be protected.  However, the right, like all rights, has limits.  The high Court did not adequately consider the rights of the unborn children to be secure in the integrity of their own bodies during its decision.  Instead, the Court issued an incomprehensible psuedo-scienticifc approach to determined when a life becomes a life.  Medical science has definitely answered any related questions in favor of the unborn.  However, as is, about 1 Million children are murdered every year thanks to the Roe decision.  This was a case of improper balancing of competing interests under the umbrella of the law.

I do not roundly condemn “activists.”  Sometimes it is advantageous for a jurist to heavily scrutinize the law if the law actually impinges on protected rights.  The New York soda decision is a good, if oddly worded, example.  Problems happen when judges do not universally review the impact of a law, standing or undone.  It is also impermissible in a Republic for a court to institute new law – the domain of the legislature only. 

I will herein briefly explain a few of those key clauses and ideas of the Constitution which have given the federal government unlimited power over your lives.  These are the basis for Constitutional study in law schools.  In summary it suffices to say that they can and do anything they please, without hinderance.

The General Welfare Clause

This clause purportedly allowed Congress to use its defined powers for the betterment of all people.  It has been held it “has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments.”  Jacobson v. Massachusetts, 197 U.S. 11 (1905).  However, in conjunction with other provisions, the clause has been used to justify countless spending sprees directed towards the profit of a select few, often at the expense of the People.

The Commerce Clause

Congress has the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress.” Constitution, Art. I, Section 8, Clause 3.  Rather than regulating commerce between the listed entities, this clause has been egregiously abused to empower Congress to regulate anything which can conceivably occur wishing any of the stated territories.  The poster case of the clause is Wickard v. Filburn, 317 U.S. 111 (1942) in which the Supreme Court declared that wheat grown by a farmer may not necessarily be used privately by the farmer because such use (bread baking) might negatively affect interstate commerce, the ability of bread companies to sell the farmer bread.  While defying belief, this case and its ilk are recited as if dictated by Jesus by law professors coast to coast.  The Commerce Clause saw minor setbacks in the 1990s but it remains as the basis for most criminal and civil statutes enacted by Congress.  Arguing against commerce connections in court is as successful as herding alley cats.  I know this from personal experience.

The Necessary and Proper Clause

This clause, known also as the “elastic clause,” appears in Article I, Section 8, Clasue 18.  It provides that Congress can authorize the steps required to implement their other enumerated powers.  The Anti-Federlists argued against this provision, fearing it would allow the central government to assume endless power in the name of affecting those valid programs instituted under the named authorities.  Turns out they were right.  In conjunction with the Commerce Clause, the Necessary and Proper clause has been used to justify federal intrusion into everything.  It was necessary and proper to prohibit farmers from utilizing their own crops to preserve commerce, and so forth.

National Security

“Patriotism” is regarded as the last refuge of a scoundrel.  Frequently, it is the first.  There exists an idea that an allegation that a legal measure is warranted in order to preserve security or defeat some enemy regardless of any other factors.  Frequently, the government will assert this as a defense in a court case in order to avoid any discussion of the underlying subject matter (torture, internment of citizens, etc.).  This tactic usually stops the case dead in its tracks.  In a true emergency such a policy might serve a valid purpose.  However, as we now are told we live under perpetual threat of all sorts of impropriety, the argument is used as a universal repeal of our rights.  History indicates that “emergencies” never go away.  For instance, 68 years after winning World War II, we still station troops in Japan and Germany.  We also have a portion of our incomes withheld prematurely for taxation purposes – this was supposed to be a temporary war-time measure of WWII.  History also shows that a government will do anything to maximize its power under a security “threat,” including the manufacture of threats from nothing.

Taxation

“That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create….”  Chief Justice John Marshall, McCulloch v. Maryland, 17 U.S. 316 (1819).  Governments have proven themselves able to destroy just about anything, they create next to nothing.  Originally, our government was funded by tariffs and import fees and simple requests to the States for assistance.  The advent of the 16th Amendment gave Washington awesome power to take as much money as the need from the people’s labors.  The illegal Federal Reserve scheme allows them to create additional monies at will.  The courts have constantly upheld the power of taxation even when Congress didn’t know they were implementing a tax.  See: The Obamacare decision, Slip Opinion 11-393, June 28, 2012.  Taxation gets its own law school class – where it is worshipped like a god.  Dissenters are frowned upon as heretics (I know…).

A Few Rights

Over the years, several levels of scrutiny have been assigned to several pet rights.  I am suspicious of each of these levels and will not bore you with their application.  For the most part they apply rights based on classification of persons and against the backdrop of government “interests.”  It is interesting that usually deference is given to a particular law; the law is presumed Constitutional absence some showing that it is an abuse impermissible under one of the abstractly devised levels of scrutiny.  I would prefer deference to the Liberty of the People, with the government left to prove conclusively their law does not infringe that right or that any infringement is necessary in order to secure greater liberties for all.

Most Constitutional law teaching about “rights” center on the First Amendment.  There is usually a class devoted singularly to the subject.  The First is worthy of great attention.  However, too often the cases studied thereunder tend to regard outrageous acts.  Rather than securing rights to fundamental speech for example, such as protesting abortion, educating potential jurors, and protecting free speech during an election, the courts have wasted much time protecting things like naked dancing and wearing offensive sloganed t-shirts. 

Voting rights, due process, and equal protection in general have also received great review.  However, given the steady deterioration of fundamental due process and equal protection, it is obvious there is a systemic bias towards the government over the free people.  For example, Rand Paul’s protests aside, next to nothing has been done in response to the President’s plan to murder Americans in America using drones and no legal process.  The scheme is likely to survive (hopefully unused) due to deference to vague assertions of “national security.”

The rest of the Constitution is left in the dark void of undecided law.  It is either taken for granted that such matters will be resolved in due course by the courts or simply that the provisions have no effect.  In law school I was bluntly told that the Second, Ninth and Tenth Amendments didn’t exist.  I found this hard to believe.  Now, with several positive court cases to lean on, the Second has been given some legitimacy though many “scholars” still remain grounded in the ancient, misdirected past.  On Tuesday, March 19, 2013 I will attend a symposium on the Second Amendment, replete with reference to these lost interpretations.  I have several questions sure to generate discussion and maybe laughter among the gathering.  Join me if you will.

If you teach Constitutional law, incorporate the actual text into your class. It could be a prerequisite, covered at the beginning of the semester and then referred to during the subsequent discussion of cases.  Attorneys need to familiarize themselves with the text of the Constitution, everyone else should too.

Together, each of us acting as we may, we may be able to slowly restore a rational teaching and application of the Constitution.  Perhaps someday we will return to the looser confines of the Articles of Confederation, allowing the member States of the Union (closer to their respective citizens) to affect policies towards the People.  With an eye towards ultimate freedom, I can envision an even less restrictive society.  I am reminded that “anarchy is better than no government at all.”  I’m not sure society is ready for that level of responsibility yet.  Someday…

The United States Constitution

08 Friday Mar 2013

Posted by perrinlovett in Legal/Political Columns

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18th Amendment, 21st Amendment, Act of Congress, administration, agencies, amendment, America, aristocracy, Articles of Confederation, Attila and the Witch Doctor, attorneys, Ayn Rand, Bill of Rights, branches, CFR, commerce clause, Congress, Constitution, Courts, cycle of the state, democracy, emergency, English, Executive Orders, Federal government, For the New Inellectual, Founders, general welfare, history, James Clyburn, jurisdiction, King George III, law, leviathan, libertarians, Liberty, Lysander Spooner, Nancy Pelosi, national defense, necessary and proper, ochlocracy, oligarchy, Plato, power, President, Quiotic, republic, Revolutionary War, Romans, Speaker of the House, States, Supreme Court, taxation, Tenth Amendment, timocracy, truth, tyranny, wars

The United State Constitution is a historical anomaly.  The Constitutions of the several States are as well.  Our English predecessors had a Constitution of sorts as did the Romans long before.  These are however, rarities.  Many nations today have “constitutions” or charters which allege the rule of law, but which in reality are no different from the dictatorships and dominions of old.

Traditionally, most people have lived under one regime or another which ruled by the whims of men and the force they could exert.  Ayn Rand discussed this phenomenon, labelling it “Attila and the Witch Doctor.”  For the New Intellectual (1961).  Attila is representative of the ruling big man, a brute whose law” extends from the barrel of a gun or the tip of a spear.  The Witch Doctor is the “holy” man who finds some “divine” reason to justify Attila’s power and also placated the people to avert their suspicion or anger.

In 1775 the American colonists were under the rule of a gentler Attila, King George, III, who was constrained by Parliament and the English Constitution.  He even had a state-chartered church to serve as the Witch Doctor.  The next year the colonists declared their independence from England and instituted on earth thirteen new nations.  During the Revolutionary War these nations were united in Congress due to their dire predicament.  In 1781 the 13 states adopted the Articles of Confederation (the ratification process began in 1777) which tied them loosely together for mutual benefit.

Not being satisfied with loose ties, in 1789 the early Americans drafted a stronger document to commence a stronger central government – the Constitution.  The first ten amendments to the document, the Bill of Rights, came along in 1791. 

Constitution_Pg1of4_AC

(The Constitution.  Federal Archives.)

People like me are always rallying to the Constitution, its limits on government power, and it’s protection of individual rights.  When comparing the reality of modern American government to the government set forth in the original text of the Constitution, the two things seem polar opposites.  Thus, the constant call for a return to Constitutional government.  There is no doubt, from a libertarian perspective, the latter would be far easier to accept than the former. 

However, the problem I have finally come to terms with is that the two opposites are really the same thing – separated only by time.  Again, I quote Lysander Spooner: “But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it.  In either case, it is unfit to exist.”  “Unfit” is a harsh assessment, but it is probably the most intellectually honest view. 

I have personally sworn (affirmed) several oaths to support and defend the Constitution as an attorney.  Then, immediately, I have been told to look the other way as nearly every provision of the document is rendered moot.  The government these days does what it wants, end of discussion.  Its power is always on display.  If one or two of your rights happen to be respected, be happy.  The government will tell you it gave you those rights!  There is no respect for the letter of the Supreme Law.

In 2009, then Speaker of the House, Nancy Pelosi, was asked by a reporter, “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?”  Mrs. Pelosi responded with indignation, “Are you serious?  Are you serious?”  She then put on the record that the question was not serious.  http://www.aim.org/guest-column/yes-nancy-pelosi-we-are-serious/.  The question was dead serious and the true answer is “nowhere.”  Truth gets in the way.

Rep.  James Clyburn clarified the issue: “There’s nothing in the Constitution that says that the federal government has anything to do with most of the stuff we do.”  http://online.wsj.com/article/SB10001424052970203917304574412793406386548.html.  Jimmy was brutally honest.  Over the long-span of our Republic, a few pet phrases and ideas in the old parchment have been used to systematically justify the awesome growth of the federal government – the commerce clause, the necessary and proper clause, the general welfare clause, national defense, and taxation.  Today, when most of what the government does is illegal, they don’t even try to justify their actions.

This was hard for me to accept as an attorney.  Actually, I never did accept it.  In many (most) cases there absolutely nothing I could do for the interests of true justice and Constitutional fidelity.  However, I remain one of the few who will stand on principle to the point of Quixotic excess.  I do not fear being labeled wrong when I am right.

Here’s how the Constitution was supposed to work.  It was quite simply compared to today’s leviathan.

First, please read the Constitution.  Here’s a link: http://www.archives.gov/exhibits/charters/constitution.html.  This is the official site of the Constitution, complete with pictures of the original text.  Make it a “Favorites” link on your browser. 

The Constitution created the federal government, divided into three branches.  The branches were listed in order of importance.  Article One defines and empowers the legislative branch, Congress.  The powers of Congress or the legislative authority it has are mainly derived from Section Eight though a few powers reside elsewhere (some have been added by subsequent Amendments).  The powers enumerated in the text are the only powers which Congress may legally exercise.  The Tenth Amendment says so.  The number of these powers is the subject of some speculation among libertarians.  Some count the individual sub-sections only.  Some delineate each power from the subsections – I follow this approach.  Some extrapolate reasonable relations between the individual powers.  However you calculate them, the powers are few in number.  Let’s say there are about 30.  That’s it!  Those are the only things the government is supposed to do. 

Today we are trapped under tens of thousands of laws and countless regulations which cover literally everything imaginable.  The regulations are issued by various agencies, supposedly to implement the laws Congress passes.  You can find this mind-boggling collection of verbosity at: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.  Don’t make too close of a study; the regulations change constantly.  In my view none of these rules are valid as they are not the expressly permitted work of Congress.  However, the agencies that make them have armies of men with guns to ensure compliance.

Article Two concerns the executive, The President. The President’s authority is even more minimal than Congress’s.  He is supposed to only attempt to enforce the valid laws Congress passes, run the day-to-day operations of the government, and prosecute wars as declared by Congress.  That’s about it. 

Of course, today the President is a virtual government unto himself.  The executive’s ability to take “emergency” action and the constant acquiescence to these actions by the other branches, have made the President the most dangerous part of the central government.  He issues Executive Orders, which were originally only supposed to concern policy implementation within his administration, but today are taken as Acts of Congress (without Acts of Congress).  My view is that almost all of these Orders are invalid.  There again, the President is in charge of all those armies of armed men and the regular military too.  He usually gets his way.

Article Three concerns the federal Judiciary.  This article only established the Supreme Court.  It left another power to Congress to create and empower inferior courts of different kinds.  Originally, legal matters were supposed to be handled by State Courts for the most part, with the Supreme Court deciding differing outcomes from different States when a controversy arose.  Many libertarians think the judiciary has become too powerful.  Perhaps it has.  Most attorneys take the opinions of the courts to be divine.  I do not, for the most part, agree.  Congress has the ultimate authority over law in this nation and has the power to override a contrary court decision.  Congress also has the express authority to limit the jurisdiction of the courts, meaning Congress can prohibit a court from reviewing certain matters.  Congress rarely uses this power.

The rest of the original articles explain various concepts, procedures, and guarantees.  Perhaps the most important feature of the remaining articles is in Article Five – the procedure for adding Amendments to the Constitution.  This has been done 27 times since the original charter was enacted.

The Bill of Rights, those first 10 amendments, was added as a cautious afterthought.  The rights therein were acknowledged as Natural Law in origin and eternal.  In 1789 all ten were taken as a given.  The Founders assured everyone, including each other, that due to its explicitly limited nature, the new government would never be a threat to individual liberties.  There was no point in adding statements of protection.  But, in 1791, suspicion gave way to action, and several core rights were definitely stated and protected.  They have been poorly defended of late.

The remaining seventeen amendments were added over the course of years.  Most granted the government more power.  Only one of those has ever been repealed – the 21st Amendment, the only one ratified following State Convention origination, repealed the 18th Amendment, which outlawed alcohol.  In my estimation, of all the Acts of the federal government in its entire history, none were more cruel than the 18th Amendment.  During a period of dramatically increasing federal power and erosion of individual liberty, the government decided to take away the People’s ability to legally drink their serfdom away.  Thank God it was erased after only 14 years.  True to form though, the government could not simply end prohibition, rather, the ability to regulate alcohol was passed on the States.  The ATF and your State’s revenue department bear witness to the enduring character of legislative folly.

In conclusion, while the Constitution may be revered as creating a government of limited powers, it still created a government.  That government has vastly exceeded its authorized power to the detriment of our Liberty.  I would like to see a return to The Articles of Confederation or some other less powerful central state.  This is not likely to happen.  The best alternative would be to simply adhere to the Constitution as written, no more.  This is equally unlikely to occur.  As is, we will have to wait until time takes its toll on the remains of the Republic.  This process may not be pleasant for us.  Plato described the cycle of the theoretical state about 2500 years ago – we would appear to be somewhere near the end.  Aristocracy gives way to timocracy (rule of land owners).  Timocracy becomes oligarchy (the rule of an elite).  Oligarchy degenerates into democracy.  Democracy can also be called “ochlocracy” or mob rule.  Ultimately this paves the way for a despot to seize power.  The cycle then repeats. 

We can really only hope that someday, a future generation will learn from our mistakes and correct them.  History says that correction won’t last long.

Structuring, Are You Guilty?

06 Wednesday Mar 2013

Posted by perrinlovett in Legal/Political Columns

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31 U.S.C. 5324, Americans, attorneys, banks, Boston, crime, CTR, FBI, Federal government, forfeiture, Harvey Silverglate, money, selective prosecution, Structuring, The Smurfs!, Three Felonies a Day, U.S. Attorney

Boston attorney Harvey Sliverglate wrote an insightful book called Three Felonies A Day, http://www.amazon.com/Three-Felonies-Day-Target-Innocent/dp/1594035229, about how the average “law-abiding” American commits three “serious” offenses every day without realizing it.  His point is one I have seen firsthand – the feds have thousands of laws, which criminalize everything imaginable, from which to choose to selectively prosecute anyone they want.  They can always decline, but when they do target a citizen, that person is instantly in a world of pain. 

Here’s an example of such a federal criminal law you didn’t know about and probably have committed.  After law school, passing the bar exam, and practicing criminal law for years, I had never heard of it until one particular case (maybe I’m dumb…).  The mere existence of the law and it’s application potential I find staggering.  

I had a client charged with another crime who received a wrist-slap as punishment (more excellent lawyering, folks! [my deal to have his case completely dismissed fell through due to administrative technicalities]).  The FBI had previously seized numerous items of his property including about $25,000 in cash from his house.  The do that frequently and usually the items (especially money) are “forfeited” to the government.  However, while this particular case proceeded through the system, they slowly returned almost all items to my client’s wife.  Immediately after the final hearing an agent approached me about returning the cash!  I was a little dumbfounded.  They gave the money back that very day.  I have still never seen or heard of this happening again.

Anyway, the client’s wife and I went to the local FBI office to retrieve the money.  It was still in large bill form, exactly as removed from the house.  Whatever I may say about them, the FBI is extremely efficient and organized.  While the money was being counted out in our presence I told the wife she should immediately deposit it into her bank account for safety.  Then I recalled that cash transactions in excess of $10,000 are automatically flagged by banks and refered to the FBI for investigation.  As you know, all cash amounts over $10K are the result solely of criminal activity…

So, to help her avoid the hassle, I suggested she break the deposit into 3 installments.  The agent in charge stopped counting, looked up, and said, “That’s Structuring.”  I looked at him like a deer observing an approaching 18-wheeler and asked, “Huh?”  He then explained how it was illegal to split cash deposits so as to evade the reporting process.  He then kindly noted that if she deposited all the money (he thought it a good idea too) the report would come to him and he would have the system pre-flagged to ignore and dismiss the report.  I know and trust this particular agent as an outstanding man of integrity so I had no problem trusting him.  Things worked out fine.

As I was leaving he said he would have our friend at the U.S. Attorney’s office provide me information on the crime.  By the time my friend called, I had already researched the law – 31 U.S.C. 5324.  He directed me to a website which provided a pamphlet warning against the practice and giving examples of innocent enough transactions which are, in fact, illegal.  He asked me to spread this information to all attorneys I know and all of my friends.  Thus, I relay his story to you.  By the way, the banking industry refers to this practice as “smurfing,” in honor of those little blue critters from the 80s…

cash-money

(The Smurfs weapon of choice.  Google Images.)

You can view the pamphlet here, http://www.fincen.gov/whatsnew/pdf/CTRPamphlet.pdf.  They have one geared toward gambling winnings too, http://www.fincen.gov/whatsnew/pdf/CTR-CPamphlet.pdf.

Here are two examples of smurfing violations, taken from the first pamphlet:

“2. Jane needs $18,000 in cash to pay for supplies for her wood-carving business. Jane cashes a $9,000 personal check at a financial institution on a Monday, then cashes another $9,000 personal check at the financial institution the following day. Jane cashed the checks separately and structured the transactions in an attempt to evade the CTR reporting requirement.”  CTR Pamphlet, www.fincen.gov.

“3. A married couple, John and Jane, sell a vehicle for $15,000 in cash. To evade the CTR reporting requirement, John and Jane structure their transactions using different accounts. John deposits $8,000 of that money into his and Jane’s joint account in the morning. Later that day, Jane deposits $1,500 into the joint account, and then $5,500 into her sister’s account, which is later transferred to John and Jane’s joint account.” CTR Pamphlet, www.fincen.gov.

Jane and John are hardened criminals who could be sentenced from one to five years in federal prison.  Don’t be like Jane and John! 

I can envision situations in which an attorney or am accountant, for example, might “structure” a client’s funds like this.  While the attorney and his client might have innocent intentions, their acts would be criminal.  I’m still trying to get this all straight in my head.

We know that keeping cash on hand is illegal as the cash can be stolen (“forfeited”) due to alleged involvement in criminal activity.  All cash comes from crime!  We also know depositing the money whole with a bank will be reported as a possible indication of crime.  Depositing the money in batches is a crime.

I now take my friend’s friendly advice; I advise everyone that everything is illegal.  Good luck out there!

The Second Amendment

04 Monday Mar 2013

Posted by perrinlovett in Legal/Political Columns

≈ 17 Comments

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10th Amendment, 14th Amendment, 19th Century, 1st Amendment, Alexander Hamilton, America, Anti-Federalists, arms, Articles of Confederation, attorneys, Bill of Rights, blasphemy, British Empire, Brutus, CLE, collecting, collective rights theory, Congress, Constitution, Constitutional Convention, Constitutional Law, D.C., D.C. Court of Appeals, D.C. v. Heller, D.C. v. Parker, Declaration of Independence, District of Corruption, Dred Scott v. Sandford, duty, English common law, federal, Federalist Papers, forty-fifth Congress, Founders, free state, freedom, God, government, governor, gun control, Gun Control Act, Harvard, history, hunting, incorporation, King George, Laurence Silberman, Laurence Tribe, law, law school, legal profession, libertarians, Liberty, Lord Bacon, MacDonald v. Chicago, Mariens, militia, Miller, National Firearms Act, National Guardindividuals, Natural Law, organized, Pennsylvania Minority, politicians, Posse Comitatus, powers, professional military, rebellion, rifles, rights, Robert Yates, Roman Republic, Second Amendment, self-defense, shotgun, slavery, sports, States, Supreme Court, Tacitus, The People, Thomas Jefferson, ticks, trojan horse, Tudors, tyranny, unorganized, Vietnam, Virginia Convention, Washington, William Kimmel, worship

This is a follow-up to some of my recent columns, Posse Comitatus, A Short History of Gun Control in America, and others.  The Second Amendment and its subject matter have been in the news recently as part of the never-ending “debate” over gun control.  The Amendment has also received special attention from the U.S. Supreme Court twice in the past five years. 

My purpose here is to explain what the Amendment means and what most commentators (even pro-firearms authors) miss in their reading and application.  Even if you do not own guns or have an interest in them, this issue affects you and your Liberty.  Somewhere in the writing process I realized I should have divided this into several segments.  My apologies for the heft of the article.  Sadly, I didn’t even get to add in half of what I should – maybe a book is in order?  certainly a follow-up’s follow-up.

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  Second Amendment to the U.S. Constitution (1791)(entirety). 

minutemen-revolutionary-war-11

(Minutemen staring down British Regulars.  Google Images.)

The Second Amendment has absolutely NOTHING to do with hunting, sport shooting, and weapon collecting.  Those activities are important and are rights which derive from Natural Law.  However, they are ancillary to the purpose of the 2nd Amendment.  Ancillary also are the issues of self-defense and defense of others and of property from attacks by common criminals.  They to are the absolute rights of the People (absolute, under appropriate circumstances).  However, none of these things, which are commonly attributed to the true nature of the 2nd Amendment and gun ownership, fall under the actual purpose of the Amendment.

There are two primary reasons why the 2nd Amendment was included in the Bill of Rights.  First, the Founders wanted a heavily armed population so that the nation and the constituent States might be well defended from foreign or outside aggression and invasion.  Second, and most important, the Founders wanted the People heavily armed in order to overthrow or repel the State governments or the federal, national government in the event said government ever became tyrannical in nature and operation.  The true purpose of an armed people is to resist tyranny.  This is not only the right of the People, it is also their solemn duty.

Politicians do not like being reminded of this fact these days.  Perhaps their guilty consciences get the better of them given the nature of modern government – as close to tyrannical as just about any in history.  For reasons given herein and, those which I plan to elaborate on in a future column about arms, the ticks have little to fear.  As I have written elsewhere, most humans like to be controlled.  In the absence of fair masters, they will take any master that comes along.  I hope you, by your nature or by reading this article, are a member of the few who prefer freedom to slavery.  Your existence makes the tyrants sweat.

For the longest time the Second Amendment was largely written off by the legal “profession.”  When I was in law school I was told the Amendment (and a few others) didn’t really exist.  I found this strange.  The Amendment was there in the text of the Constitution and its plain language made perfect sense (the 10th Amendment was the same way).  Try as I could, I could never locate the provision which allowed for the murder of babies.  The law school community regards this right, in blasphemy, as if it had been written by God himself. 

Then again, law school has little to do with the law.  The one thing that was not required reading in my Constitutional law classes was the Constitution.  No mention was made of the natural underpinnings of the Constitution.  It’s no wonder most attorneys emerge from this environment without the slightest knowledge of whence our laws are derived.  I was different, I always am.  I read the old documents and inquired as to why certain things were included and excluded textually.  I read a lot.  At the time, the only legal textbook in print which even mentioned the 2nd Amendment was the one compiled by Laurence H. Tribe of Harvard law fame.  His mention was very brief, but at least he had the curtsey to include it at all. 

Most Consitutional law education focuses on two things: 1) the supreme power of the government and; 2) a few pet rights with plenty of case law material for professors to quote (the 1st Amendment, for instance).  I also have columns underway to explain both the Constitution (briefly) and the convoluted subject of Constitutional law.  You’ll have to wait for those.

As I said, the 2nd Amendment received little official attention for many years.  Early in our history and it that of our English forebears, the concept of a well armed population was well enshrined.  It was taken as a given that men would be armed.  The Founders went the brave extra step and set the armed people as defenders of their own Liberty against the heinous forces of organized government. 

Thomas Jefferson was rightly fearful of the problems posed by a standing government army.  The Declaration of Independence was full of accounts of the crimes committed by King George through his armies.  The mandate for a militia rather than a professional army found its way into the Articles of Confederation, Article 4.  While armies are allowed under the Constitution, they are supposed to be limited to a two-year duration, they were meant as an emergency measure.  U.S. Constitution, Article I, Section 8.

In the debates leading to the Constitutional Convention, both the Federalists (in favor of the Constitution) and the Anti-Federalists (fearful of a strong central government) denounced the practice of standing armies as grave threats to liberty. 

Writing for the Federalists Alexander Hamilton, himself not the greatest proponent of decentralized liberty, reiterated the common saying of the time that standing armies “ought not be kept up, in time of peace.”  Federalist, No. 26.  In No. 28 Hamilton asked mockingly, against the fact of armed State militias, when could the federal government ever amass a sufficiently threatening army?  As Monday morning’s historical quarterback, I suppose the answer was “in about 200 years.”  Hamilton also thought the two-year budgetary limitation placed on the army would render it ineffective for tyrannical purposes.  Federalist, No. 24.  Out of the pocket again, we now have a standing army fighting numerous “wars” despite the absence of a federal budget for four years.

The Anti-Federalists were equally fearful of a central army.  In his Tenth Letter, January 24, 1788, “Brutus” (most likely New York judge Robert Yates) warned of two dangers presented by a standing army.  First, it could be used by leaders against the people in order to usurp power.  Second, the armies themselves could “subvert the forms of government, under whose authority they were raised…”  As examples he cited the once free and constitutional Roman Republic and British Empire. 

Interestingly, the Second Amendment could have contained anti-army language.  The Virginia Convention proposed a Bill of Rights (June 27, 1788), which would have had the second amendment as seventeenth.  It would have read: “That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in times of peace, are dangerous to liberty, and therefore ought to be avoided, as far as circumstances and protection of the community will admit, and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.”  I rather like that.  The Pennsylvania Minority had put forth a similar proposal on December 18, 1787. 

During the forty-fifth Congress, Rep. William Kimmel of Maryland, author of the Posse Comitatus Act, echoed the sentiments of the Founders as he quoted Tacitus, “Is there any escape from a standing army but a well-disciplined militia?”  7 Cong. Rec. 3579.  He also quoted Lord Bacon, who remarked of the Tudor years of English history, a “mercenary army is fittest to invade a country but a militia to defend it.”  Id.  Many were the quotes from members of the House and Senate on similar points.

The issue faded as the 19th Century progressed because it was still taken for granted that free people should be armed.  As I noted in Gun Control, the States and the federal government from this period to the present, began to enact various illegal, and progressively worse restrictions on gun ownership.  The 2nd Amendment did make appearances in law and court cases though during this period of general dormancy.  I will discuss two such cases here.

In Dred Scott v. Sandford, 60 U.S. 393 (1857), the Supreme Court ignobly affirmed black slaves were property as opposed to people.  However, the Court’s reasoning touched on the 2nd Amendment.  If slaves were considered human beings, then they would be entitled to human rights – such as the right to bear arms.  This case gave silent acknowledgment to the 2nd Amendment, which law professors somehow overlooked or wrote off.  It also slaps their Supreme Court worship in the face.  The fallibility of their god also seems lost on them. 

In United States v. Miller, 307 U.S. 174 (1939), the Supreme Court held the 2nd Amendment only protected firearms with militia “value.”  Mr. Miller was arrested for illegal possession of a short-barreled shotgun, one of the weapons regulated under the UnConstitutional 1934 National Firearms Act.  I always thought this case made some sense.  If the only guns protected are those of use to the militia or the military, then it would seem the people have a right to own those types of weapons.  And, if they are entitled to own those, why not allow them all lesser guns (like short-barreled shotguns).  Subsequently, shotguns of reduced length came in useful to the army GIs and Marines in Vietnam and other tight, uncomfortable places. 

The delusional legal community took Miller  to mean something else, something only a law professor could belive – that the 2nd Amendment protects a government’s “right” to keep arms.  The deliberate misinterpretation of Miller during the last half of the 20th Century gave rise to the idiotic “collective rights” theory, an impossibility in and of itself.  The theory lead to the belief of leftists and statists alike that the 2nd Amendment gave the government the “right” to organize a body such as the National Guard.  This was ludicrous.  Only individual persons have rights.  Individuals with rights can join together in the exercise of those rights, but the rights themselves never acquire group status.  The status certainly never transcends from the people, individually speaking, to the government.  Governments have powers, not rights. 

The point was finally clarified (as if such a plainly worded sentence needs clarification…) by the U.S. Supreme Court in two cases early in our current Century.  In District of Columbia v. Heller, 554 U.S. 570 (2008) the high Court overturned D.C.’s illegal law restricting handgun ownership.  The Court also held the Second Amendment did in fact confer upon the people a fundamental right to keep and bear arms.  The collectivists were crushed.  The Court actually noted the Natural Law right of self-defense.  The law professors were confused.  The opinion limited its reach to federal laws and enclaves (like D.C.) and appended certain language regarding “traditional” uses of firearms.  The Court also made notable mention of the proper relationship between the people and the militia, but they did not reach my ultimate conclusion from Miller. 

In my humble but professional opinion (I are a Constitutional and firearms law litigator person, after all), the legal opinion rendered by the D.C. Circuit Court of Appeals in its earlier hearing and decision of Heller, D.C. v. Parker, 478 F.3d 370 (2007)(Parker was then a co-plaintiff with Heller and several others), was a far better recitation of the 2nd Amendment, its meaning and origins.  Judge Laurence Silberman went to great lengths to explain the original meaning of the “militia” and its prerequisite condition of an armed people.  I will comment on this subject a little later, in my own words.

I met Judge Silberman at a legal education luncheon (CLE) in 2008, while Heller was pending the Supreme Court.  I thanked him for his contribution.  However, as is so often my way, I was disgruntled that afternoon and made my usual sarcastic comments to kick off the meeting.  CLE’s do that to me.  Imagine paying a good sum of money for a decent lunch which you can’t enjoy because some dude or dudette is babbling on about the law.  Anyway, I recall referring to D.C. as “the District of Corruption.”  I did this before a small gathering of government attorneys and government-dependent attorneys.  Judge Silberman gave me a nervous chuckle, the rest of the crowd was aghast at my … honesty.

Anyway, the 2008 opinion was good enough of a start.  Two years later the Court added to the new body of 2nd Amendment law.

In MacDonald v. Chicago, 561 U.S. 3025 (2010) the Court, in striking down an illegal Chicago law, “incorporated” the effect of the Second Amendment to the States, via the 14th Amendment.  Many libertarian scholars are dubious of the theory of incorporation but I will not touch on that here other than to say the 2nd Amendment must be respected by the States.  This makes sense, as far as it goes, as no entity may legitimately violate fundamental human rights.  The Court also included some dangerous language in the decision, particularly regarding the possibility laws may place “reasonable restrictions” on firearms ownership.  The reference may prove a trojan horse for gun owners, especially in light of those restrictions already in place (NFA and GCA) which are now taken for granted.  I do not take them so and I have no faith in government to keep any additional restrictions “reasonable.”

Other, newer cases are working their way through the courts, generally with good success.  I think the Amendment is finally getting some of the respect it deserves.  I also don’t think Congress will act to rashly regarding new restrictions, yet, even in the face of the ridiculous hysteria raised of late. 

I began by stating the Second Amendment is about the people resisting government tyranny.  I do not advocate herein the violent overthrow of the government.  Such action, even if warranted, would likely end in disaster.  Besides, given the suicidal tendencies of the federal and most state governments, such action would seem pointless.  I said “even if warranted” because once any government exceeds its scope and purpose to the point it becomes a threat to, rather than a defender of, the Liberties of the People (the only real reason for the existence of government), then again, it is the right and duty of the people to shrug off such tyranny.  When such action is taken legitimately, it is not an act of rebellion.  In fact, at such point, it is the government which is in rebellion and deserving of correction.  This may be subject matter for another future column.

The Founders, being highly suspicious of standing armies in the service of a central government, determined to set up a militia as a proper alternative.  A “militia” is merely the organization to some degree of all the armed men in a jurisdiction.  Every State in the Union still maintains a militia, completely separate from the National Guard.  The militia of a given state is generally divided into two classes – the “organized” militia and the unorganized.  The organized consists of members of the State defense force, whatever it may be termed.  These are voluntary citizen forces under control of the Governor.  They are generally neutered these days but retain the ability to become a combat ready force.  The unorganized force consists of all able-bodied males (and certain females) between certain ages (adults, generally).  I am a proud member of the unorganized Georgia militia!

These militias are primarily at the disposal of the States and can only be utilized by the federal government in certain cases.  The main point of this system is that the weapons are supposed to be in the hands of the people, not the government.  This is specifically true regarding infantry weapons.  A militia member should, today, be able to report for duty with any weapons available to a modern infantryman.  This would include fully automatic rifles (including SAWs) and shoulder launcher systems (Stingers, etc.).

We currently are restricted from such weapons, illegally, by the NFA and the GCA and amendments.  Also, as a counter to my central premise of militia dominance, the federal government has done a terrible job regulating the militias.  The States have all but abdicated their independence and authority to Washington.  Washington has also taken advantage of this situation by raising and maintaining huge standing, professional military forces in perpetuity.  This is all contrary to the intent and the language of the Constitution.  The American people have also undergone a dramatic transformation.  Regarding these instant issues, the populace tends to regard militias as dangerous bands of domestic terrorists while literally worshipping the federal Imperial military.  How many yellow ribbon decals have you seen promoting the militia?

This leads me to my final point, the concept that so many people miss regarding the Second Amendment.  Most historical analysis has focused on the “militia” preface and the “right of the people” action clause, or both together (see Judge Silberman).  What everyone seems to miss is the “security of a free state.”  A state, according to the Founders and their wisdom could only be preserved by an armed people serving as the militia.  The key word here is – “FREE.”  Given the decline of liberty, seemingly demanded by the people, can we be said to live in a free state anymore?  If we do not, is anything else important?  I would, of course, answer affirmatively.  I’m not so sure about my fellow countrymen.  This may provide material for a future column.  Your thoughts?

Anti-Family Law

09 Saturday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 2 Comments

Tags

About the Children, anarchy, anti-family law, attorneys, chaos, divorce, Frank C. Mills, government, human rights, insanity, Jesus, LLC, lying, Ninth Commandment, truth

By training and trade I are an attorney.  That’s fancy talk for a lawyer.  That’s a nice word for a “scummy, lying, used car selling, dirtbag.”  Sorry, my lawyering friends, we all know it’s true. 

More specifically, I am (or was) (or still kinda am) a litigation attorney.  That means a lawyer who specializes in lying in court.  I am proud to say that I never ever lied to any court or anyone else I dealt with intentionally.  The problem is that attorneys have clients for whom they work.  And, occasionally, such a client will lie to his attorney.  The hapless attorney, believing in his lying client’s veracity, will repeat the lie(s) to others – the other “side,” the judge, etc.  The attorney usually becomes aware of the lie when it is exposed in Court when someone identifies it as a lie and proceeds to use the lie as a basis to destroy the hapless attorney’s case.  At this point the attorney feels like mud.

Why do I write this, you ask?  This is common knowledge to everyone except attorneys fresh from law school and perhaps some of the professors they left behind.  Jesus admonished us to simply let what we say be the truth, echoing His Father’s ninth commandment.  If everyone would follow this simple rule, the world  would be a better place.  Obviously though, people have a hard time with simple instructions.  My point is coming soon I think…

The attorney repeating the lie scenario unfolds in all types of cases: criminal, civil, administrative, and family law.  It seems to me family law litigants are a little more prone to this self-defeating propensity.  Or, it could be that I feel that way because I disliked family law more than other type of practice.  I think that was my point.

Anyway, what is family law?  It occurs to me that some folks are lucky enough to have lived their lives without resort to “domestic” litigation.  Blessed they are.  “Family law” merely means that branch of our sacred profession which deals with the family unit or what’s left of it.  You may be more familiar with the individual case types: divorce, child custody, adoption, etc.  Of all these, adoptions are the happiest occasions for an honest attorney.  This is mainly due to the fact that rather than destroying a family, an adoption enlarges and enriches a family.  Absent very unusual circumstances, everyone leaves an adoption final hearing happy. 

As a law clerk I was in charge of the adoption docket for my judge (Frank C. Mills was probably the best trial judge in Georgia until he retired).  It was my job to make sure each case was within the somewhat rigorous statutory guidelines.  Every once in a while I had to inform the adopting party that they needed to modify something.  Then the case sailed smoothly through.  Out of dozens or scores of these cases I only remember one or two that were contested for any reason.  I especially loved cases involving the adoption of one or more small babies.  Everyone loves babies.  It was great to think I played a part in making a child’s life a little happier.

This joyous feeling carried over into my private general practice.  Sadly, I only had the honor of presenting a few such harmonious cases.  I recall several clients I had to inform that they did not have standing to bring an adoption.  Those were rare and odd cases.  Somehow, my practice degenerated into one of mostly rare, odd cases.  What did come my way in large volume were the other types of “family law.”

At some point I began to refer to these cases as “anti-family law.”  The reason being that in almost all of them, a family was destroyed.  As a libertarian who really wants to be a full blown anachist (or visa versa) I do not think the government has any business meddling in family affairs – no marriage licences, no court divorces, no government interference of any kind.  According to the Catholic Church and some protesting denominations, marriage is a sacrament and not merely a right or a privilege.  Thus, domestic affairs are divine in nature and transcend the authority of any earthly power to regulate (in theory).  People began marrying (and divorcing) many millenia before any of the 50 states came into being let alone when they suddenly decided to commence issuing licenses for the procedure.  The history of this state-i-fication is as nefarious as any other state scheme. 

My statist-minded detractors counter that without government ordination and oversight family affairs would soon fall into pure chaos.  Most of these clovers have obviously never practiced anti-family law.  The remainder must be hardened divorce attorneys whose livelihoods depends on the destruction of other people’s lives.  WE HAVE PURE, MISERABLE CHAOS NOW!!!!!!!!!!!

Where was I, my blood pressure spiked and I lost my train of thought…  Oh yes, I wrote a post yesterday which partly addressed the safety of children.  I suppose this drew the attention of About the Children, LLC, an advocacy center dedicated to improving family relations ( and child welfare) post divorce.  I was pleased they liked my mad ramblings and so I commented positively on their website.  I am a generously reciprocal rambler. 

Such advocacy groups are desperately needed given the chaos of the modern Amerikan family.  I suppose you, the well educated reader, do not need to be bombarded with the statistics about divorce, out of wedlock births, deadbeat everyones, etc.  Someone must stand up for the innocent in these cases – usually minor children.  Children are the biggest losers in anti-family law cases and, sadly, there are no winners.

I only ever had one “uncontested” divorce case which actually was.  The young happy couple came in hand in hand.  I thought they wanted a will or something.  In less than two hours a divorce petition was off to court.  Thirty days later they were happily divorced best friends.  I had never seen such.  And, it did not last.  It turns out one of them had an ulterior motive and the friendship was lost.  I think the blame fell on their hapless attorney. 

As my best case ended poorly I decided that I was not suited for anti-family law.  I did not decide after that case but after many, many more less-than-best scenarios unfolded.  Lying in court and the general shenanigans which go with these cases are far from the worst problems I saw.  People in these situations get very irrational and I remember more than a few death threats flying around.  Fortunately, none were carried out.  Several suicides were though.  Children who are not otherwise scarred for life thanks to their parents selfish stupidity don’t seem to do well in the aftermath of the death of one of those parents.  One suicide sometimes leads to another.

I had enough of the madness and bowed out, sad for the part I played in the system.  I supposed I did some service for a few folks.  Some people need to be divorced.  Sometimes children are better off with only one parent.  And, so on.  I still have some of the mud on me.  What suggestions do I offer to correct this insane abuse of human rights and dignity.  None.  Except that I urge all who read these words to use a little more common sense (free from emotion and greed) in dealing with their spouse, baby-daddy, children, or whoever.  Even in my ideal, government-free paradise I suspect these problems would still exist.  History says they always have existed.  I ask you, dear readers, to be the change for a brighter future.

Perrin Lovett

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Prepper Post News Podcast by Freedom Prepper (sadly concluded, but still archived!)

Have a Cup!

Perrin’s Articles and Videos at FREEDOM PREPPER (*2016-2022)

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