Tag Archives: Legal Insurrection

Banishing Political Opposition

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We have all seen the news that President Trump has been banned from Twitter and Facebook. There are some people who see that as justified, but how many people have to be banned before those people become concerned?

Legal Insurrection posted an article today about Facebook banning the “Walk Away Movement” page. The page consisted of personal testimonies of people who have left the Democrat party discussing their reasons for leaving.

The article quotes a Washington Examiner article:

“FACEBOOK has removed the #WalkAway Campaign and has BANNED ME and EVERY MEMBER of my team!!!” Straka, founder of the #WalkAway movement, tweeted Friday morning.

“Over half a million people in #WalkAway with hundreds of thousands of testimonial videos and stories is GONE,” he added. “Facebook has banned everything related to #WalkAway.”

Straka also included screenshots of messages from Facebook, including one that said the page was “removed for violating terms of use.”

Straka confirmed to the Washington Examiner that his Facebook group, the business page for the nonprofit group, and his personal account were all shut down Friday morning.

He added that people merely associated with the page were also removed from Facebook.

“Every volunteer, every paid employee, banned,” Straka said.

The article at Legal Insurrection notes:

How can this be perceived as anything other than political?

As long as we have people in Congress that take large donations from big tech, no action will be taken to hold Facebook, Twitter, YouTube, etc., accountable. It is unfortunate that somehow the Republicans didn’t get to that when they held the Senate.

 

A Preview Of Things To Come

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If the election of Joe Biden is allowed to stand, America is going to become a subsidiary of China. If you think I am overreacting, I would like to direct you to an article posted at Legal Insurrection yesterday.

The article reports:

Communist China on Monday demanded the United States to return to the Iran nuclear deal and end all sanctions placed on Tehran under President Donald Trump’s watch once Joe Biden moves into the White House.

“The US shall return to the Iran nuclear deal as soon as possible and without any preconditions, and the US should also scrap all sanctions imposed on Iran, other third-party entities and individuals,” Chinese Foreign Minister Wang Yi said in a video conference with other four signatories of the 2015 nuclear accord.

The Chinese foreign minister’s undiplomatic and stern tone underlines China’s belief in a ‘reset‘ in bilateral relations with a Biden-run administration. According to Chinese media reports, Beijing opened backchannel talks with figures close to the Biden team last month and wants a rollback on the tough policy course pursued by President Donald Trump.

…“A joint statement released by [German Foreign Minister Heiko] Maas and the foreign ministers of Iran, China, Russia and the UK acknowledged their desire to see the treaty upheld and greeted the prospects of a US return to it under incoming President-elect Joe Biden as ‘positive,’” Germany’s state-run DW News reported Monday.

“With Joe Biden on board, all parties to the nuclear deal want to bring it back to life,” the German broadcaster noted in a separate article last week.

The European Union has also joined the diplomatic push to get the U.S. to back the nuclear deal without any preconditions. European powers, mainly Germany, France, and the UK, had lined up huge investments in the oil-rich country before the Trump administration snapped back sanctions on the regime two years ago.

So why would the EU want us to enter into a deal that would eventually allow Iran to obtain nuclear weapons aimed at Europe? Because the money to be made in the short term with trade with Iran has blinded them to the future with a nuclear Iran holding them hostage.

There is little doubt in anyone’s mind that a Biden administration will renew the Iran nuclear deal. There is also a lack of realization that the deal will make the world a much more dangerous place. You have only to look at the alliances currently forming in the Middle East to know what the countries closest to Iran think of the intentions of that state.

When The New Mafia Comes To Town

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Yesterday Legal Insurrection posted an article about some recent events in Louisville, Kentucky. Louisville is the largest city in Kentucky; about 625,000 people live there.

The article reports:

A rather alarming situation is developing in Louisville, Kentucky, in which local businesses are allegedly being issued demands from Black Lives Matter (BLM) activists and told that if they don’t meet the demands, their business might be “f*cked with.”

The demands are onerous, invasive, and ludicrous. They include everything from hiring quotas to training mandates to displaying a letter supporting reparations for black people to—perhaps most outrageous of all—paying a “recurring monthly donation of 1.5% of net sales to a local Black nonprofit or organization.”

While some area businesses have reportedly caved to the bullying demands, Fernando Martinez, a partner in a restaurant group, referred to the demands and alleged threats if he failed to comply as “mafia tactics.”

The Louisville Courier Journal posted the story on Saturday and updated it today.

The Louisville Courier Journal reports:

According to a press release, members of the city’s Cuban community will meet outside the NuLu restaurant at 4 p.m. Sunday to support the immigrant-owned business, which “has been subject to vandalism and extortion in recent days.”

The release states that La Bodeguita de Mima was forced to close July 24 during a demonstration that shut down East Market Street, at which several protesters presented Martinez with the list of demands and said he “better put the letter on the door so your business is not f*cked with.”

The restaurant remained closed the next two days because “management and staff were concerned about safety,” according to the release. “30+ staff members (mostly immigrants) were unable to earn a paycheck.”

The article includes the list of demands:

The demands and an attached contract, which were created by local organizers and activists, ask NuLu business owners to:

    • Adequately represent the Black population of Louisville by having a minimum of 23% Black staff;
    • Purchase a minimum of 23% inventory from Black retailers or make a recurring monthly donation of 1.5% of net sales to a local Black nonprofit or organization;
    • Require diversity and inclusion training for all staff members on a bi-annual basis;
    • And display a visible sign that increases awareness and shows support for the reparations movement.

This is a shakedown. Those responsible for threatening the business need to face legal consequences. Any person who vandalizes the business in any way needs to be arrested and kept in jail for a while. This is the kind of behavior that goes on in a town controlled by the Mafia. It is not acceptable in an American city. It is wonderful to see much of the community come out in support of Fernando Martinez and his restaurant.

Time For A Flip

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Yesterday Legal Insurrection posted an article about the criminal investigation into Spygate.

The article notes:

When Barr appointed John Durham to handle the investigation, later in May, the finger-pointing among those involved in investigating Trump started, leading to the the pressing question was Who’s going to cut a deal first in Spygate?

The drama between Brennan and Comey is just the surface. The Durham investigation could reach out of the FBI-CIA up through the Obama administration, including then Attorney General Loretta Lynch and the White House itself.

There is the potential for a lot of finger pointing, as Karie Pavlich tweeted:

The Comey vs Brennan vs Clapper vs Lynch vs Obama show is going to be awesome

https://twitter.com/KatiePavlich/status/1128438654781808641

Since the NY Times reported that the Durham investigation is a criminal investigation, that is the question again.

The stakes are so much higher for those involved. Whoever cuts a deal first could be spared prosecution or prison. So someone is likely to sing, and that someone likely is a mid-level person in the FBI who was disgusted with what happened but close enough to it that the person is at risk.

The question in the article is, “Who is going to be the first to flip?”

An article posted in The American Thinker today may provide a clue. The title of the article is, “Andrew McCabe withdraws his lawsuit against the Department of Justice.”

The article at The American Thinker notes:

Here’s the interesting question: Did he dismiss it because concluded it’s a loser, especially in light of anticipated indictment — or did he(his attorneys) conclude his suit waived his 5th Amendment rights?  By dismissal with consent, without prejudice, does that waiver go away? If so, it might mean he expects to be indicted.

Mark Levin last night said he’d been offered plea deal — and turned it down.  So makes sense to dismiss suit to preserve waiver, which I suspect dismissal in this fashion likely does[.]

I realize we have wandered into the weeds here, but the big picture is simple–there are some people who are not willing to go to jail simply for following orders. Those people will make a plea deal to save their own skins and thus implicate the people giving the orders. I suspect there are more than a few high ranking people in the intelligence community who are not sleeping well right now. Their dream of having Hillary Clinton elected and all of their misdeeds buried for good has obviously not come true.

Why There Is So Little Reporting On The Actions Of Hamas

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A website called Legal Insurrection posted an article yesterday about the lack of reporting in the mainstream media about the activities of Hamas.

You may recall a April 11, 2003, New York Times article by Easton Jordan entitled “The News We Kept To Ourselves.” The article states:

Over the last dozen years I made 13 trips to Baghdad to lobby the government to keep CNN’s Baghdad bureau open and to arrange interviews with Iraqi leaders. Each time I visited, I became more distressed by what I saw and heard — awful things that could not be reported because doing so would have jeopardized the lives of Iraqis, particularly those on our Baghdad staff.

For example, in the mid-1990’s one of our Iraqi cameramen was abducted. For weeks he was beaten and subjected to electroshock torture in the basement of a secret police headquarters because he refused to confirm the government’s ludicrous suspicion that I was the Central Intelligence Agency’s Iraq station chief. CNN had been in Baghdad long enough to know that telling the world about the torture of one of its employees would almost certainly have gotten him killed and put his family and co-workers at grave risk.

That is the way thugs in the Middle East handle reporters. Things have not changed–that is the modus operandi used by Hamas.

The article at Legal Insurrection reports:

The Times of Israel confirmed several incidents in which journalists were questioned and threatened. These included cases involving photographers who had taken pictures of Hamas operatives in compromising circumstances — gunmen preparing to shoot rockets from within civilian structures, and/or fighting in civilian clothing — and who were then approached by Hamas men, bullied and had their equipment taken away.

The article at Legal Insurrection included tweets from reporters and stories of intimidation of reporters. The reason we are not hearing both sides of the story of the Gaza-Israeli war is that one side is a bunch of thugs who are endangering their own civilian population and doing everything they can to hide the truth.

Just A Reminder

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On Monday, Legal Insurrection posted an article reminding us that U.S. Marine Sgt. Andrew Tahmooressi is still sitting in a Mexican jail. Sgt. Tahmooressi evidently took a wrong turn near the California–Mexico border, had guns in his car, and was arrested on March 31 when he entered Mexico.

The article reports:

According to the reports, Tahmooressi has been subjected to punching, slapping, deprivation of food and water, and being chained to a bed with a “four-point restraint for almost a month.” It appears that the Mexican officials are treating him as a gunrunner.

These are some quotes from the article:

As Tahmooressi explained, out of a parking lot, “I just made one wrong turn, and then that one wrong turn that I thought was going to take me north to San Diego was actually an on-ramp that swooped around back to the south and to Mexico.”

… According to Jill Tahmooressi, her son immediately disclosed to the border guards that he had weapons and requested that he be allowed to turn around, she said.

“The first thing he said to the first person that stopped him was, ‘I got here accidentally; please let me turn around. I have three guns in my truck,’ ” his mother said.

A 911 tape released by U.S. Rep. Duncan Hunter, R-California, appears to support his version of events.

We are not at war with Mexico. We have diplomatic relations with Mexico. This was obviously a mistake, and this man has been in jail for long enough for the Obama Administration to take action to get him home.

It is disgusting that American influence has declined to the point where we cannot encourage Mexico to release an honorably discharged United States soldier.

This situation is a sharp contrast to the recent trade of five high-ranking  enemies of America for one possible deserter. This is not the America I grew up in.

 

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Does The Supreme Judicial Court In Massachusetts Care About The Law ?

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Yesterday Legal Insurrection posted a copy of a letter sent to the Chief Justice of the Massachusetts Supreme Judicial Court regarding recent statements by Michael Fredrickson, the General Counsel of the Massachusetts Board of Bar Overseers. Within a few hours after William Jacobson reported on his website, Legal Insurrection, that Elizabeth Warren was practicing law without a license, Mr. Fredrickson gave an interview defending Elizabeth Warren.

The article reports:

That Mass Lawyers Weekly interview has been the basis for the defense of Warren.  After all, if the General Counsel of the entity with quasi-regulatory authority publicly announced a conclusion, why treat the issue seriously?  Even The Boston Globe has a similar quote from Fredrickson today, and uses that quote to dismiss the issue out of hand.

Yet the issue is serious, as even people who did not initially agree with me have acknowledged.

Fredrickson effectively quashed the public discussion by virtue of his title and position.

Fredrickson later admitted, however, that he was not speaking on behalf of the BBO and was not reaching any conclusions as to Warren individually because he knew so little about her practice….

This is the press release from the Republican Party, including the letter to Chief Justice Ireland:

Boston- Today, MassGOP Chairman Bob Maginn sent the following letter to the Honorable Chief Justice Roderick L. Ireland of the Supreme Judicial Court regarding recent comments made by Board of Bar Overseers General Counsel, Michael Fredrickson. The letter raises concerns about Mr. Fredrickson’s public comments that “appear to advance a partisan agenda that is inconsistent with any agency within the judicial branch.”

Supreme Judicial Court
The Honorable Roderick L. Ireland
John Adams Courthouse
One Pemberton Square, Suite 2500
Boston, MA 02108

October 8, 2012

RE: Michael Fredrickson

Dear Chief Justice Ireland:

I am writing to express concern that the Board of Bar Overseers General Counsel Michael Fredrickson has made public comments without the benefit of any investigation or due process regarding legality of U.S. Senate candidate Elizabeth Warren’s practice of law from her office in Cambridge without admission to the Massachusetts bar. Mindful that Attorney Fredrickson has a fine reputation as General Counsel to the Board of Bar Overseers (“BBO”), a fictional writer, and law professor, I am nonetheless compelled to make your office aware of his recent public statements, as follows:

• “Michael Fredrickson, general counsel for the BBO, says he does not believe a law professor would be considered to have ‘a continuous presence’ or ‘an office practicing law.’ ‘If they actually practice here – as some part-time law professors at some of the smaller schools do – they might,’ Fredrickson says. ‘But being a professor at one of the large schools, their office is a professor’s office, and the fact that they tend to dabble in the practice of law doesn’t run afoul of our rule. I don’t think Elizabeth Warren would fall within that, such that she would have to register here.’ (Lisa Keen, “Warren law license matter called non-issue,” Mass Lawyers Weekly, 9/24/12).

• “Fredrickson stated that he did not purport to determine whether Warren violated the applicable law. He said he was just ‘speaking hypothetically’ and not specifically as to Warren because ‘I know so little about Elizabeth Warren and her practice.’” (http://legalinsurrection.com/2012/09/no-mass-board-of-bar-overseers-has-not-exonerated-elizabeth-warren/)

• “Fredrickson confirmed that he did make the comments attributed to him in MLW, but also made clear that he was not speaking on behalf of the BBO. Fredrickson said it was his ‘personal reading’ of the law, and that he was ‘not speaking on behalf of the Board of Bar Overseers.’” (http://legalinsurrection.com/2012/09/no-mass-board-of-bar-overseers-has-not-exonerated-elizabeth-warren/)

Taking into consideration the honored tradition of the Supreme Judicial Court (“SJC”) and the BBO with regard to not politicizing the carrying out of your respective responsibilities, Mr. Fredrickson’s public comments appear to advance a partisan agenda that is inconsistent with any agency within the judicial branch. Foremost, Mr. Fredrickson’s statements arrived in the public dialogue devoid of any formal investigation, fact finding, or proper evaluation. Further, upon consultation with counsel, I understand Mr. Fredrickson’s conclusions to be incorrect. As a threshold, the part-time practice of law is not any less the practice of law; and, without an appropriate exception to the Rules of Professional Conduct, a license is required for the practice of law in the Commonwealth. Lastly, while I notice Mr. Fredrickson’s repackaged his statements as those of his own and not of the BBO they still may be attributable as opinions of the SJC and the BBO without a formal correction.

In view of the aforementioned, it may be appropriate for the SJC or the BBO to issue a statement recognizing the lack of authority and enforceability of Mr. Fredrickson’s personal views. Accordingly, with this correspondence, I deferentially request that the SJC issue a statement or direct the BBO to issue a statement to that effect.

Respectfully,

Bob Maginn

cc:
Susan Mellen, Supreme Judicial Court, Clerk
Christine P. Burak, Legal Counsel to the Chief Justice
Michael Fredrickson, Board of Bar Overseers, General Counsel
David S. Mackey, Board of Bar Overseers, Chair

This is an issue that needs to be investigated.

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Should Political Candidates Be Held To The Same Laws As The Rest Of Us ?

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Yesterday a website called Legal Insurrection posted an article about the law practice of U. S. Senate Candidate Elizabeth Warren.

William A. Jacobson, the writer of the article, reports:

I confirmed with the Massachusetts Board of Bar Overseers by telephone that Warren never has been admitted to practice in Massachusetts.  I had two conversations with the person responsible for verifying attorney status.  In the first conversation the person indicated she did not see any entry for Warren in the computer database, but she wanted to double check.  I spoke with her again several hours later, and she indicated she had checked their files and also had spoken with another person in the office, and there was no record of Warren ever having been admitted to practice in Massachusetts.

Meanwhile, the article also states:

Regardless of where she was admitted, Warren consistently since the late 1990s has held herself out as having her professional address for legal representation at her Harvard Law School office in Cambridge, Massachusetts.

Warren was listed as “Of Counsel” on Travelers’ Supreme Court Brief, listing her Harvard Law School office as her office address:

I called a lawyer I know and asked if this was normal practice. I was informed that the average lawyer would be disbarred (or worse) for practicing law in Massachusetts without having been admitted to the bar in Massachusetts.

The article further states:

There is no requirement that a law teacher be licensed to practice law in Massachusetts in order to teach or publish on topics related to law.  In fact, a law teacher need not even be a lawyer.  Once that law teacher starts acting a lawyer, however, the normal licensing rules apply.

The question becomes whether Warren was “practicing law” at her Cambridge address, or doing something that does not constitute the practice of law.

A person practicing law in Massachusetts needs to be licensed to do so.  Superadio Ltd. Partnership v. Winstar Radio Productions, LLC, 446 Mass. 330, 334, 844 N.E.2d 246, 250 (Mass. 2006)(“As a general proposition, an attorney practicing law in Massachusetts must be licensed, or authorized, to practice law here”).

As a lawyer, she would have known that she had to be admitted to the bar in Massachusetts to practice law in Massachusetts.

The article concludes:

I detail above the facts and law which lead me to the conclusion that Warren has practiced law in Massachusetts without a license in violation of Massachusetts law for well over a decade.

I expect Warren will disagree, and I welcome a discussion of the facts and the law.

I doubt that will happen.  Instead, and similar to how her campaign tried to demonize me and the Cherokee women who questioned her supposed Native American ancestry, I expect Warren’s campaign will attempt to deflect these serious issues by attacking the messenger.

Warren should disclose the full scope of her private law practice.  Perhaps there are facts not publicly available which will demonstrate that Warren was not engaged in the practice of law in Massachusetts when she earned $212,000 from Travelers, plus other fees from others who sought out her legal expertise dating back to the 1990s.

The voters of Massachusetts are entitled to know, before they vote, whether one of the candidates for Senate has not been following the rules which apply to everyone else.

Massachusetts voters have a choice in November between a man who legally practiced law in this state for a number of years and a lady who seems to have very little regard for the law.

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Clint Eastwood Remixed

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Posted at Legal Insurrection yesterday:

I like the combination of the video from the Superbowl and the Clint Eastwood speech at the Republican Convention. The speech at the Republican Convention did nothing for me, although my husband loved it. My husband finally concluded that if you didn’t like the ‘spaghetti westerns,’ you probably didn’t like the convention speech.

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