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Thursday, June 20, 2013

AG Strange Resorts To Tortured Statements Of Law In Seeking Sanctions Against Macon Co. Residents


Johnny Ford
Alabama Attorney General Luther Strange repeatedly misstates law in seeking sanctions against Macon County residents for filing a federal lawsuit against him.

That is the heart of the residents' response to Strange's motion for sanctions, filed June 5. 


Strange says the lawsuit against him and Governor Robert Bentley is frivolous, has no support in the law, and was filed for purposes of harassment--and he claims the plaintiffs and their attorneys should be sanctioned under Rule 11 of the Federal Rules of Civil Procedure (FRCP). But Macon County residents, led by Tuskegee Mayor Johnny Ford, argue in a reply that Strange tramples relevant law in an effort to intimidate them and avoid discovery that could shine light on his financial ties to Indian gaming interests.


Massachusetts attorney Donald LaRoche responded for the plaintiffs in an opposition to sanctions dated July 19, 2013. (See the full opposition at the end of this post.) From the LaRoche filing:



The legal claims in this lawsuit are not barred by clear and on point Supreme Court precedent. On the contrary, the actions of the Defendants in this matter are a blatant violation of the Voting Rights Act of 1965. 
Defendant Strange’s Rule 11 letter, dated 4/15/2013, was designed to intimidate the plaintiffs and their counsel. This letter contained a deadline that was not cited anywhere in the rules, demonstrating Attorney General’s Strange propensity to go to any length to strong arm the plaintiffs into submission to his misinterpretation of the law.

How off target is Strange on the law? LaRoche provides plenty of answers to that question. Here are a few of them:


The plaintiffs in the instant case have filed a complaint that has more than a reasonable factual basis. As argued in both the complaint and in the opposition to the defendants’ motion to dismiss, there are no general laws in Alabama which relate to bingo because it can only be authorized in a particular county by constitutional amendment. . . . Attorney General Strange repeatedly states that the plaintiffs’ complaint makes claims that are not “warranted by existing law or by a non-frivolous argument extending, modifying or reversing existing law or for establishing new law.” However, the Attorney General fails to cite any existing law or conclusive precedent to support this contention.

Strange, former Governor Bob Riley, and their allies have repeatedly cited a case styled Barber v. Cornerstone Cmty. Outreach, Inc., 42 So. 3d 65, 86 (Ala. 2009) in their attacks on non-Indian gaming facilities, such as VictoryLand in Macon County. LaRoche takes an intellectual machete to that argument and leaves it in shreds:


The Attorney General cites Barber v. Cornerstone Cmty. Outreach, Inc., 42 So. 3d 65, 86 (Ala. 2009) and Ex parte State of Alabama, _ So.3d _, 20143 WL 765747 (Ala. Mar. 1, 2013) as support for this position that “the Alabama Supreme Court has addressed these ‘bingo’ amendments in multiple counties and these decisions apply statewide.” Barber v. Cornerstone only addressed the bingo constitutional amendment for Lowndes County, Amendment No. 674. . . . The bingo constitutional amendment for Lowndes County is significantly different from the Macon County bingo constitutional amendment. Most importantly, Lowndes County’s sheriff is not constitutionally delegated the authority to promulgate rules and regulations for the operation of bingo in the county as this Court recognized in Hope for Families v Macon County Greyhound Park, Inc., 721 F. Supp. 2d 1079 (M.D. Ala. 2010). The State Supreme Court also recognized in Cornerstone that they “did not adhere to the boundary lines long established in [their] precedent.” Tyson v. Macon County Greyhound Park, 43 So. 3d 587 (Ala. 2010). As such, Cornerstone is inapplicable.

Ex parte State of Alabama is the 2013 case where the Alabama Supreme Court forced Macon County Circuit Judge Thomas Young to approve Strange's petition for a search warrant at VictoryLand. LaRoche shows that Strange's reliance on that case is misguided:


Ex parte State of Alabama is also inapplicable here because it involved a mandamus petition related to the refusal of a circuit judge to issue a search warrant when the circuit judge determined that probable cause did not exist. . . .  A determination of the existence of probable cause does not end the inquiry, it only begins it.

Finally, LaRoche shows that the plaintiffs have a firm foundation for their case, and Strange does not meet the standard required for Rule 11 sanctions:


This complaint is not replete with scandalous allegations that have no relevance to the legal claims that plaintiffs are actually trying to make, but puts forth sufficient factual matters with exhibits that are plausible on its face. The plaintiffs’ contentions are that when Defendant General Strange decided what bingo must be and issued his May 2011 memorandum, he usurped the authority which had been vested solely in the Macon County Sheriff. So while General Strange may have the authority to ‘enforce’ bingo regulations or general criminal laws, he does not have the authority to ‘create’ or ‘promulgate’ the rules anymore than he has the authority to ‘create’ or ‘promulgate’ general criminal laws (such authority being vested in the legislature).


40 comments:

Redeye said...

Sigh

Anonymous said...

Would love to see Johnny Ford and the lawyer from Massachusetts clean Luther's big clock before this is said and done.

Anonymous said...

That's a common tactic for lawyers who have no case or have no defense--misquote the law.

Anonymous said...

Anon @ 12:16 PM
Completely agree!!!!!

Anonymous said...

Luther's trying like hell to avoid discovery.

Anonymous said...

Isn't it funny . . . bullies always seem baffled when victims stand up to them. They just don't know how to handle it.

Anonymous said...

I think Ford and LaRoche will clean Luther's clock. They are much smarter than he is.

Molli said...

LS,
The only thing Strange Luther has going for him are the plethora of bought-and-paid-for corrupt judges presiding in Alabama. Do you know which judge in the U.S. District Court for the Middle District of Alabama will be making rulings on these filings?

If Strange Luther thought this case was so "frivolous" one would assume he would let it play out in court as he most likely does with all other frivolous cases filed against the AG.

Hopefully this case will end all this targeted bullying brought on by the organized crime politicians. Great work as always and keep us posted.

Anonymous said...

In my opinion Luther doesn't know the law. He relies solely on Sonny Reagan Bob Riley's ex-legal advisor. All Luther knows how to do is lobby and bull###t people into thinking he knows what he's talking about.If there is not a law on the books to support his argument he manipulates the Supreme to make it a law. Alabama has to rank number one in political corruption.

legalschnauzer said...

Molli:

I'm pretty sure the judge on the Macon Co. case is Harold Allbritton.

Anonymous said...

Thanks for the update LS.

I have a question (may be dumb) but if Big Luther is found guilty do they impeach him or does Gov. Bentley fire him? Just curious since the people voted him for AG. Thanks. And any news on when the trial will begin?

legalschnauzer said...

Anon at 3:22--

This is a civil matter, not a criminal case, so it won't be a matter of Luther being found guilty or not guilty. It will be a matter of, "Are he and Bentley liable or not?"

Discovery in the civil case could turn up evidence of Luther's ties to criminal acts, but that would have to be brought as a separate matter. Real discovery probably will reveal criminal acts--as well as those of Bob Riley, Rob Riley, etc.--so that's why they are trying to shut this down now, via intimidation.

I don't look for this to ever go to trial. I think it will either be dismissed or settled.

Anonymous said...

Was Big Luther in Gay Paree on the public dole - maybe with a GF in tow? THIS guy was, which somehow mainstream media did NOT report (which is shameful) - pic dated June 15, 2013:

https://twitter.com/tigerfantastic/status/345949595555221505/photo/1

Anonymous said...

Maybe Bob Riley thinks France doesn't have an extradition treaty with the US . . . .

Anonymous said...

In Luther’s defense, nobody ever said he knew much about the law. After all, he was just a hobby horse at Bradley Arant and then an oil company lobbyist. He’s not supposed to know much about the law, as he is used to breaking the law. The Feds are going to have a heyday with Luther and his gang as the only thing they like taking down more than an Attorney General is a Governor.

legalschnauzer said...

Anon at 4:21--

Thanks for the pic of Bob Riley in Paris. I urge readers to check it out. What was he doing there? Who paid for his trip?

Anonymous said...

LS, I think Bob's lobbying employer Airbus may have been footing the bill for many in the delegation - it is possible that Riley himself arranged this wasteful excessive orgy. In THAT case, Bob Riley MAY have viloated the Alabama ethics law yet again - and could conceivably go to jail, if anyone would demand an honest accounting of his activities.

Anonymous said...

http://www.slate.com/blogs/behold/2013/06/20/jan_banning_down_and_out_in_the_south_puts_a_face_to_the_homeless_population.html

HOPEFULLY Go-Go Go Johnny Go gets the south into modern day reality.

Legal Schnauzer the law should be in a place where all can take down off the bookshelf what you do, because the education is what has to be in order to walk, talk, and be upright as human.

You're awesome dawg!

Robby Scott Hill said...

It doesn't bother me that this blog is hosted on Google servers or that the NSA is monitoring my comments and Facebook shares, etc. Frankly, some of the lower level NSA employees & its up and coming managers might learn a thing or two about the value of our civil liberties and the Bill of Rights. The Romans did not understand Greek Culture until they conquered them. Before two generations had passed, educated Romans were speaking Greek, worshiping their gods and giving birth to mixed race children. Moorish America is coming. Bill Clinton was the first Black President. Barack Obama is the first Moorish President. He is the Son of Africa and living proof that the future of America lies with the Black, Brown, Yellow & Red Men & the Poor White whose destiny is to mix with the other races and produce the Moorish American of the Future.

Anonymous said...

What idiot would want their picture taken with Bob Riley poster child for corruption?

Coyote Lane said...

I agree Robby Scott Hill.

Clinton was said to be the FIRST 'black' President and that's of course because he could supposedly blow the horn so bluesy.

Obomber the Obummer is our FIRST JEWISH 'black' President. Operative word: "Jewish".

Clinton has a main squeeze on an island in Africa, she is a princess and he makes certain the globalist NGO he runs pays her lots and he flies into his landing spot there, regularly.

And Syria is the point where we all originate from, according to the bone diggers that know. Syria had older law than the Code of Hammurabi, considered the oldest tablets of stone law.

Syria law was truly an enlightened civilization and like the Greeks, wiped out.

The Greeks were plagiarized by the Romans. The Romans were actually the final collapse of the Republic that was the USA model of 'government', too.

CRASSUS was a general in the Roman army who went into Syria and thought he could conquer the tap root of civilization. Syrians were said by Crassus to be far lesser 'warriors' NO standing army AND he-Crassus with a legion to wipe them out.

After all he was THE Roman Army General that started the 'FIRE BRIGADE' that we get to this very day, think 9-1-1, cause that is how it started in Rome, with Crassus and his 'militia' that either put out the fire [no doubt started by one of Crassus' 'slaves'], or let the property burn to the ground should no money be paid to stop the burning. Crassus owned MORE SLAVES than any other Roman and property too. But, Syrians sent him home to Rome with his mouth filled, melted gold for his insatiable greed. His head only went to the top brass of the Roman Army.

WE, THE USA, were very blessed with THE CURRENCY RESERVE GLOBAL.

This has been destroyed and what a tragedy. Americans had no idea how truly blessed we have been as a nation. BUT OUR CRASSUS PRESIDENTS, and the CRASS in our so called 'government' that have made certain the fire sales are abundantly lucrative for the Roman Army Generals, don't think about how history looks at failed empires. ROME ITALY isn't at all what it was in the time of the Republic. See how America may look now that the reserve currency can't even buy the poor 'black' presidents anymore gum to chew on while remembering.

Coyote Lane said...

btw ~SURVEILLANCE 24/7-365 IS because the poor American 'slaves' have been kept by CRASSUS US-GOV in a state of supreme engineered 'brain dead' GMO and 'gender bent'.

We are living in a time when zombies are actually real.

YOUNG WOMEN ARE 'PILOTS' for the so called military. What this defines is they are DRONE ENGINEERS and this is simply sitting like playing video games and targeting the 'human population' as though 'virtual'.

Pathetic. Our country has no idea what it was to be the EARTH reserve currency, but the time is coming when the wiping out of native populations globally is no more by the 'European Predatory Whites.'

What to do?

Reboot AND revise our REPUBLIC'S MONEY RIGHT in the US Constitution, Article I, Section IX, Clause VII. AND also our BILL OF RIGHTS model for the other countries that saw better than apartheid and, holocausts of never ending genocide .. AMERICA WAS STANDING FOR THIS and TIME to come back home to US, too:

Enlightened Society.

As always LS & RSH, bowing to your lights within-without.

Anonymous said...

Judge Albritton was the judge that heard the case when Lucky Star sued Victoryland and Macon County's sheriff. The case was later settled by the opposing parties after Albritton ruled against us and the jury awarded Lucky Palace 60 million. I am no lawyer, but it is doubtful the judge will dismiss this case, since his ruling earlier supported the opinion that Victoryland was a legal business. An illegal business cannot be held liable.

Robby Scott Hill said...

Let the record show there was an apparent housecleaning at the Office of General Counsel of the Alabama State Bar on this date. General Counsel James Anthony McLain and at least one other member of his staff are gone.

legalschnauzer said...

Rob:

Can you ID the other person? With the recent exit of Robert Lusk, that would make three key bar folks out the door.

Robby Scott Hill said...

The third person is the late Sam Partridge who has been gone since last year. He passed in the hospital in February of this year http://obits.al.com/obituaries/birmingham/obituary.aspx?pid=163336715

legalschnauzer said...

Gosh, Sam Partridge was only 46 years old?

Anonymous said...

"PARTRIDGE, SAMUEL SCOTT Samuel Scott Partridge, Esquire, 46, resident of Elmore County, Alabama, died Saturday morning February 23, 2013 of natural causes"

46 years young, natural cause, death?

seems too fishy

J.T. said...

Gov Bentley cannot fire the attorney general. The A G in Alabama is independent of the governor.

legalschnauzer said...

My understanding is that heart attack was official cause of death for Mr. Partridge.

Coyote Lane said...

"Sudden" heart attacks are caused also by one of the new weapons, can't be detected and there are a number of ways this gets accomplished as 'natural cause(s)'.

Actually this weapon is now quite old since the electronics are now working on literally taking our keystrokes as we type and sending frequencies of high-high volts that do incredible damage. Soon to come in full force.

Mobile phone devices cause ringing in ears and the non stop ringing in most Americans is intentional bio-weaponry, kidney imbalance, on purpose.

Kidney failure is often mistaken as a heart attack, btw.

HERMAN MELVILLE.

Brazilian protesters and around the world are modeling their spirit after our very own Herman Melville, and so REMEMBER STANDING MAN is the slogan of the young in revolt across the planet STANDING against the revolting 'whitey' which Melville would be proud to know "Roaches In Robes" also STANDS in the face of what he saw first hand in America's first colonial siege, TYPEE.

Melville was a great poet, too, he wrote first hand about the Civil War and it's worth all Americans to pick up MOBY DICK and Melville's works of great literary genius, and remember our roots. Nathaniel Hawthorne and Melville lived within 6 miles of one another while writing our greatest historical 'truths', as art worthy of honoring.



Anonymous said...

Obama Identified As a Profiteering Co-Conspirator

The late Bob Chapman, while appearing the Alex Jones Show in June of 2010, revealed that Obama’s only asset holder, Vanguard I and Vanguard II, dramatically sold off BP stock only few weeks before Gulf oil explosion. Chapman also revealed that “According to this FSB report the largest seller of BP stock in the weeks before this disaster occurred was the American investment company known as Vanguard who through two of their financial arms (Vanguard Windsor II Investor and Vanguard Windsor I Investor) unloaded over 1.5 million shares of BP stock saving their investors hundreds of millions of dollars, chief among them was President Obama. The FSB further estimates in this report that through Obama’s three accounts in the Vanguard 500 Index Fund he stands to make another $100 million over the next 10 years as their largest stock holding is in the energy giant Exxon Mobil they believe will eventually acquire BP and all of their assets for what will be essentially a “rock bottom” price and which very predictably BP has hired Goldman Sachs to advise them on.” Watch the entire interview below.

http://www.thecommonsenseshow.com/2013/06/21/depopulating-an-entire-region-of-the-country/

Anonymous said...

http://iaals.du.edu/initiatives/rule-one-initiative

About the Initiative

Rule One is an initiative of IAALS dedicated to advancing empirically informed models to promote greater accessibility, efficiency, and accountability in the civil justice system. Through comprehensive analysis of existing practices and the collaborative development of recommended models, Rule One Initiative empowers, encourages and enables continuous improvement in the civil justice process.

Robby Scott Hill said...

In the name of Brother Malcom X, I'm praying for a strong wind http://legiscan.com/AL/text/SB213/id/640441

Robby Scott Hill said...

Act No. 2012-412 Pensions of public employees and officials can be revoked for conviction of felony related to public duties.

Anonymous said...

Murphy Schnauzer, you have taught all the barkers down there what a real woofer can do.

All those sounds of legal, aren't so scary to the folks that also love to have the real dogs in town in charge.

http://iaals.du.edu/rebuilding-justice

Anonymous said...

... fear of paedophilia, may well have been used to elaborate a huge system of espionage and domestic surveillance – Henry Porter, The Guardian 21 June

~~how the criminal class justifies its injustice is to turnaround what is really going on and blame the innocent of the guilty crimes

http://www.globalresearch.ca/britains-surveillance-state-the-secret-ops-of-the-government-communications-headquarters-gchq/5340053

Anonymous said...

The dart from this secret CIA weapon penetrates clothing and leaves nothing but a tiny red dot on the skin. On penetration of the deadly dart, the individual targeted for assassination may feel as if bitten by a mosquito, or they may not feel anything at all. The poisonous dart completely disintegrates upon entering the target. To watch a one-minute video on this top secret weapon with testimony taken both from a CIA employee and at a Congressional investigation, click below.

Click here for one-minute video of top secret dart gun

http://www.wanttoknow.info/war/top_secret_weapon_lethal

Anonymous said...

RSH, WINDS STRONG ARRIVED

“In Praise of Mess, Chaos and Panic” and

"Fed Up With All the Bullshit” and

"'Itelligence, Corporatism and the Dance of Death”

Silber concludes:

>> The intelligence-security industry isn’t about protecting the United States or you, except for extraordinarily rare, virtually accidental occurrences

>> It’s about wealth and power

>> Yet every politician and every government functionary speaks reverently of the sacred mission and crucial importance of “intelligence” in the manner of a syphilitic preacher who clutches a tatty, moth-eaten doll of the Madonna, which he digitally manipulates by sticking his fingers in its orifices

>> Most people would find his behavior shockingly obscene, if they noticed it

>> But they don’t notice it, so mesmerized are they by the preacher with his phonily awestruck words about the holy of holies and the ungraspably noble purpose of his mission

>> Even as the suppurating sores on the preacher’s face ooze blood and pus, his audience can only gasp >>

>> “We must pay attention to what he says! He wants only the best for us! He’s trying to save us!”

>> What the preacher says — what every politician and national security official says on this subject — is a goddamned lie

>> The ruling class has figured out yet another way to make a killing, both figuratively and literally

>> They want wealth and power, and always more wealth and power

>> That’s what “intelligence” and “national security” is about, and nothing else at all

>> When you hear Keith Alexander, or James Clapper, or Barack Obama talk about “intelligence” and surveillance, how your lives depend on them, and why you must trust them to protect you if you wish to continue existing at all, think of the preacher

>> Think of his open sores, of the blood and pus slowly dribbling down his face

>> All of them are murdering crooks running a racket

>> They are intent on amassing wealth and power, and they’ve stumbled on a sure-fire way to win the acquiescence, and often the approval, of most people

>> They are driven by the worst of motives, including their maddened knowledge that there will always remain a few people and events that they will be unable to control absolutely

>> For the rest of us, their noxious games are a sickening display of power at its worst

>> For us, on a faster or slower schedule, in ways that are more or less extreme, their lies and machinations are only a Dance of Death

>> There is much more in Silber’s essays; go read them all now, if you haven’t done already

FOLLOW THE MONEY

http://www.globalresearch.ca/follow-the-money-the-secret-heart-of-the-secret-state-the-deeper-implications-of-the-snowden-revelations/5340132

Robby Scott Hill said...

Amen Anon. 2:50PM on 6-23-13!