Legal Ethics

I rarely talk about judges or courts on this blog

Here is why.

Football Doldrums

What a depressing weekend.

Penn State loses to Iowa. Again.

The Steelers lose. Again. To Cincinnati (the Mrs. did a little victory dance around the living room over that one).

The Redskins lose. To Detroit, breaking a 19-game losing streak.

The only bright spot? Hampden-Sydney handled Guilford.

Well, at least one of the teams I care about won.

Neo-Con Pioneer Passes

Irving Kristol, former Trotskyite, American columnist, journalist, and writer who was dubbed the "godfather of neoconservativism," founder, editor, and contributor to various magazines, has passed away today in Arlington at age 89. He is widely credited with the observation that a neoconservative is "a liberal who has been mugged by reality."

He was one of the leading public intellectuals of the last half-century. His widow, historian Gertrude Himmelfarb, and son Bill Kristol, editor of The Weekly Standard, are notable public intellectuals in their own right.

Condolences to his family, and legions of admirers everywhere.

RIP

There Goes The Neighborhood

As I was driving in this morning, WMAL reported that the United Mine Workers Union had just signed a twelve-year lease to move its International headquarters to Triangle, in Prince William County, about five miles from my house, and that of another Right to Work lawyer.

One wonders whether it will be located on Old Mine Road.

Anyway, there goes the neighborhood.

Perhaps we'll be seeing these on our local roads.

Moonbats For Deeds Enlist Dishonest Attacks Upon AG McDonnell's Legal Ethics

Mike@Blueweeds has favored us with a "scholarly" discussion of Attorney General Robert McDonnell's actions in In re: Multi-Circuit Episcopal Church Property Litigation, Civil Case Nos. CL-2007-0248724 et al., the dispute heard in Fairfax Circuit Court over church property in the wake of the Episcopal Church's decision to endorse sin by, inter alia, allowing practicing homosexuals to become high-ranking clergy.

Now, I don't know if Mike is an attorney. I don't even know if he plays one on TV. But if this is the quality of his legal analysis, he might want to consider a suit to get a refund of his law-school tuition. I'd recommend that he not represent himself.

Mike complains long and loud that:

Attorney General of the Commonwealth of Virginia, Republican Bob McDonnell tried unsuccessfully to intervene in a private church property dispute on behalf of a conservative breakaway congregation involved in litigation over ownership of the historic Falls Church Episcopal.

He also asserts that:

Attorney General McDonnell obliged by filing an extraordinary Motion to Intervene the Commonwealth of Virginia on behalf of the Falls Church CANA congregation. One of the issues disputed in the trial was the constitutionality of the so-called Virginia Division Statute (Virginia Code section 57-9).

The Motion was vigorously opposed by the sin-endorsing Episcopalians.

But it's here that Mike starts to go a little ... well, wacky. His title claims that "AG McDonnell Used Office To Improperly Intervene In Falls Church Property Dispute" (emphasis added). He claims that:

The trial court did not ... allow McDonnell to intervene the Commonwealth on behalf of the conservative congregation. The court admonished McDonnell for his attempt to take sides with the conservative church congregation rather than to represent the interests of the people of Virginia, and issued an Order denying the McDonnell's Motion to Intervene....

The problem? Well, aside from the fanciful notion that defending the majority of a congregation seeking to retain its property is not "represent[ing] the interests of the people of Virginia" against a self-describedly "Christian" church which endorses activities condemned by both Old and New Testaments (a matter of opinion), the claims are false in virtually all of its factual particulars.

The Fairfax County Circuit Court initially "DEFERRED" (original emphasis) ruling on the Motion to Intervene in the very order to which Mike links, which is dated 26 February 2008. Nowhere does it "admonish" McDonnell or his office.

Now, I have not followed this controversy closely. But when I pointed out to Mike that "there is certainly an argument to be made that the AG has standing to intervene in any action challenging a statute of the Commonwealth of Virginia," he responded with this peurile little response, lacking the courage actually to post it publicly in the thread accompanying his rant:

"I discern no admonition to the Attorney General"
What a precious little pastry arguement you make. I linked to the trial docs ... go do your homework. When you're done, come back, so I can start schooling you on legal procedure.

And in fact, the Court later granted Attorney General McDonnell's Motion to Intervene, noting in a letter opinion of 16 July 2008, that "The Attorney General of Virginia has a unique interest in defending the constitutionality of the statutes of the Commonwealth," and citing the fact that the situation was rather unusual, as challenges to the constitutionality of state statutes are usually considered in Federal courts, where "a state attorney general's specific interest in defending the constitutionality of state statutes is explicitly recognized both in 28 U.S.C. s2403(b) and in U.S. Sup. Ct. R. 24(4)(c)." A link to this document is provided by another commenter; Mike neglects to mention it at all, relying instead upon the arguments made by parties opposing the intervention.

In short, Mike attempts to argue that Attorney General McDonnell engaged in legal misconduct even though the court endorsed McDonnell's effort by granting it!

I don't often discuss legal arguments in this space. But when someone like Mike alleges misconduct, his fatuous and factually false assertions must be identified.

UPDATE: J.C. Wilmore ("The Richmonder") is attempt to raise the drumbeat here, and repeats many of the same misrepresentations as Mike.

Iconography And The Cult Of Personality

An excellent discussion on the power of iconography, one which recognizes President Barry's effort to create a cult of personality:

WaPo Spike Watch: Day Two

Well, it only took two days for the Washington Post to mention Deeds position.

But let's make sure we understand this: the Post "uncovers" a twenty-year-old master's thesis by McDonnell, and it's front-page, above-the-fold, three-day story. A ten-year-old Deeds campaign position which would be characterized as "anti-gay" by virtually every partisan for the radical homosexual agenda is revealed, and the Post limits its coverage (so far, and as far as I can tell) to an internet post.

Is there really anyone who will suggest that the WaPo is anything but an adjunct of the Democrat Party?

WaPo Spike Watch: Day One

Last night, VA Blogger at TC broke the blogosphere story of Creigh Deeds' "homophobic" remarks in a campaign flyer of only ten years' vintage. I wrote about it shortly later. The Weekly Standard had a post about it late yesterday afternoon.

And yet, the Washington Post has nothing about it. It's editors are spiking* the story. Now, I realize that it was a busy news night. After all, it's much more important to reinforce the lies of President Barry. And to trash a GOP congressman for (rudely) telling the truth about it.

So now, a new feature on Skeptical Observor! The WaPo Spike Watch. The WaPo has spent a week trashing Republican former Attorney General Robert McDonnell over a two-decade old master's thesis --- a compilation of academic musings --- which purportedly trashes a few far-Left sacred cows, and the voters have yawned. Now, someone has produced a Deeds' campaign piece which rejects the radical homosexual agenda.

Until the WaPo applies similar standards to Creigh Deeds, its clearly-preferred candidate for Virginia Governor, I'm going to note it here.

Day. By. Day.

___________

*A newspaper term that means a story is killed because an editor doesn't like its politics. Famously written about by former Washington Times editor Arnaud de Borchgrave and Robert Moss in a political thriller about 25-30 years ago.

Creigh Deeds Is A "Homophobe"!

Yeah, yeah. I know. Nobody who uses the word "homophobe" should be taken too seriously. It is, after all, usually just a term to belittle those who oppose the radical homosexual agenda.

But that's what the far Left would call someone who made a statement such as this.

VA Blogger at TC has the story here.

And he asks the reasonable question: "When should we expect a front-page A1 story from the Washington Post about this?"

If enough Conservatives hold their breath waiting for that, Deeds may just pull it out.

Is This The "Hopey-Changey" For Which You Voted?

So President Barry says that the "time for bickering is over" on health care.

Another sanctimonious boob dismisses serious policy differences by belittling them.

This is "bipartisanship"? This is "reasonable discussion"?

No. This is typical far-Left arrogance.

The problem for President Barry is not that this is "bickering." It is not misrepresenting the contents of his proposals.

President Barry's problem is that the GOP and Conservatives are telling the truth about his proposals.

Moonbatosphere Moron ... But I Repeat Myself

With today's WaPo attack piece on Bob McDonnell --- surprise! The WaPo is taking the pro-homo side in the culture war --- Virginia's moonbats are engaged in an "Amen!" chorus. Or is it the other way around?

I found one particularly interesting. Now, I suppose there are plenty of reasons to criticize McDonnell on this, but Fred attacks McDonnell's dismissal of the complaints about the blocked re-appointment of a Virginia Beach judge as "irrelevant" to this race, "seeing as how Governors appoint judges!"

Uh, except when the legislature is not in session, and then only temporarily, not in Virginia they don't.

Fred, you're a moron.

Dan Snyder Is Pond-Scum

Give the guy credit, though: in a league in which Al Davis and Jerry Jones are both owners, Dan Snyder still manages to be the most hated owner in the league, and by his team's own fans. It's not that the Redskins have stunk up the place under his ownership, though they have. It's not the revolving door in the Head Coach's office, though there's been that, too. It's not even charging $8 for one beer even though a case of it should cost less than that.

It's things like this, which convince me he works at it.

And that, while I'll attend an occasional game, I will never be a season ticketholder.

Does It Have Twice The Nuts?

Pathologically far-Left Ben & Jerry's has a new flavor to celebrate the legalization of homosexual "marriage" in its native Vermont: "Hubby Hubby."

I suppose it rolls off the tongue more easily than "Fraudulent Poseurs."

Interesting Description

According to the New York Daily News, the State Department is investigating private guards at the Kabul, Afghanistan, embassy for frat-house activities and other "deviant behavior."

I put the last in quotation marks because, well, that's apparently the phrase the State Department is using.

Interesting phrase. In an Administration which seeks to mainstream homosexuality, endorses single-sex "marriage," and wants to provide Federal civil rights protections for ... well, "deviants," it is indeed breathtaking to contemplate what qualifies as "deviant behavior."

Brilliant!

Every freedom-loving blogger should embed this one:



H/T to Greg L