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Sunday, February 08, 2009
Paul Jacob :: Townhall.com Columnist
Citizenship and suppression in Jefferson's Virginia
by Paul Jacob
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“I’ve never seen the judicial system abused so much for purely political ends,” Substitute Circuit Judge Westbrook J. Parker said. “This should not happen in America.”

An excellent summary, but not of the indictments he dismissed or the petitions he threw out. Instead, he inadvertently summarized his own judgment.

A month ago, this Virginia judge threw out petitions gathered to remove four Gloucester County supervisors. The four had also been indicted by a grand jury for the crimes that had so disturbed their constituents. The judge dismissed the indictments, too.

And to add injury to his judgmental insult, he socked members of the Gloucester County Citizens for Accountable Representation — the group that had sponsored the recall — with an $80,000 bill to cover part of the supervisors’ legal fees, apportioned to the 40 members of the organization. The amount covered over 60 percent of the legal bill the supervisors had run up defending themselves.

The petitioners might not have been in this predicament had the state of Virginia possessed what many other states do possess: A right of political recall. Instead, in Virginia, elected officials may be removed from office, before the end of their terms, only in case of some sort of criminal activity.

The recall-for-cause law was so little used in the state that it took the Gloucester activists no small amount of time trying to figure out how to word and organize the petitioning process. The state provided no forms for this eventuality.

At issue in the recall was the behavior of these board members immediately after their election. The new supervisors held closed, secret meetings. This is against the law for public officials, and it irked (to put it mildly) the people who had voted them in. But because not all of them had been sworn in, the state’s open meetings law could be said not to apply to them. And that’s where the whole thing fell apart.

Of course, had the judge in the case been a reasonable jurist and not a hide-bound lackey for the political establishment, he would not have been so offended by the activists. He would have seen that secret meetings are bad things, rightly opposed — on principle as well as “politically” — by citizens. He would also have acknowledged that, in a republic — as well as the state where Thomas Jefferson served in office — we should expect citizens to recall representatives who disagree with them.

Recalls are as American as apple pie and parades on the Fourth of July.

Unfortunately, the judge saw none of this. He saw the legitimate activity of these citizens as some sort of abuse of “power.” And he sought to redress an imbalance. $2000 per citizen activist would send the right, chilling message, he thought.

Fear and intimidation too often work. From my own case in Oklahoma, I know that even the unsuccessful prosecution of a case against citizen activists can cause other citizens to think twice, thrice, or more, about taking on the Powers That Be.

Thankfully, the story does not end there.

First, Assembly Delegates Tom Gear and Harvey Morgan and Senator Thomas K. Norment have submitted bills to prohibit judges from penalizing activists who petition to remove officials. Gear characterized the Gloucester activists as “laymen . . . doing what they thought was the right thing to do.” He characterized the judge’s ruling “as a kind of intimidation.”

On Friday, the House passed Morgan’s bill, 93-3.

Second, the Gloucester activists have found support from the ACLU, which has declared that it will write a friend-of-the-court brief on their behalf. The Thomas Jefferson Center for the Protection of Free Expression will assist.

This is not merely a local issue. It obviously affects all Virginians. And the situation reflects what many citizens face throughout the union.

In Wilkes-Barre, Pennsylvania, for instance, a fight over a firehouse led to voters petitioning to decide the issue themselves. As I explained in my daily Common Sense radio program, the mayor didn’t do the right thing. He didn’t take to the stump for his cause in an open vote. Instead, he fought and blocked the petition in court. And he got a judge to grant the town government legal fees . . . from the main activist, Denise Carey.

Fortunately, Ms. Carey appealed her case, and won. She also won damages in a federal court case against the city.

It is good to see justice triumphing on appeal. But it would be better if politicians and judges didn’t conspire to overthrow normal democratic (and republican) practice in the first place. We do not serve them, they serve us; if we, the citizens, want them gone, we have legal means at our disposal. Or, should have.

And politicians and judges should not seek to block citizens from using these means. Threats, official reprisals? These are the tools of tyrants. Public servants, on the hand, serve at our discretion. Any idea to the contrary must be opposed on principle. The suppression of democracy “should not happen in America” . . . to quote one of the oppressors. 

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About The Author
Paul Jacob is President of Citizens in Charge. His daily Common Sense commentary appears on the Web, via e-mail, and on radio stations across America.
 
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What a Gig?

Wow.

What a gig?

I want to be a Senator or a Representative.

Buy the job for half a million $, earn $5 million in bribes, pay off my backers for $2 million and I am still rich.

The Clintons were very poor, but after 8 years they are now near Billionaires.

Arab money? Chinese money? Don't matter. Money is money.

What a gig? Treason? Don't matter. We can stall.

"I can't remember, the worst December..."

But, after the statute of limitations had expired, the papers were magically found on a table in the foyer.

What a gig?


Supposed Judges too? Who would have thought?

I can lie with the best of them, if I choose, but I always give myself away with uncontrollable giggling.

I am therefore, unelectable.

Dang ! Dang !


Sic Semper Tyrannis
We in Virginia have a history of revolting behavior. Servants of the people that forget who they answer to do so at the risk of being dealt with in a manner befitting tyrants.

Ratas y Ratones
I used to play poker with my Lab, but he was such a good liar with those innocent brown eyes, he always cleaned my clock. Then i figured him out. Every time he got a good hand, he wagged his tail.

TruLib
Well said. Imagine how Patrick Henry would've reacted to this outrage.

The best defense being a good offense, we should seek to have Westbrook J. Parker removed from office. Meanwhile, we must press the General Assembly to create a workable political recall process. While we're about those tasks, we should persuade the legislators to clarify some of the issues in this case, e.g., whether they really meant for open-meetings laws to be obeyed, whether officials who haven't been sworn in can take official action, and whether arrogant judges should be imprisoned or hanged.

"I am strongly in favor...
...of common sense, common honesty, and common decency. This makes me forever ineligible for public office."
H.L. Mencken

You Ain't Seen Nuthin' Yet
Obama is reconstituting the NSC, with major, sweeping powers - which will enable him to utilize Executive Order 11490 and others which will, for all intents and purposes, deprive us of our liberty. That is, martial law.

If you think this is a joke, ask Tommy Franks. Ask people who watched Ollie North and Bud MacFarlane et al put together plans - "what-if" plans for a declaration of a national emergency. The mechanisms have been made more hair-trigger, and the current President is doing what several presidents in our history would have done, given the opportunity: turned us into a military dictatorship.

Frankly, President G.W. Bush kept us from that, because a major terrorist strike (more widsespread) would have the American people calling for their own imprisonment. And with this current administration, buoyed by people who don't think we're at war? That the terrorists are merely misunderstood brigands?

So far, no one seems to see this - unless you talk with police, who will be part of a national police force. They know something is up. And others who work inside the organizations that will be used to suppress popular dissent: they know. Most of them do not want to see us go down that road.

Watch the NSC closely. You can see how things are stacking up for yourself.

Paleocon
I sent Webb a note lambasting him for supporting Marxism. If you don't see me posting here in the future you will know the "organs" have grabbed me.

TruLib
I may be in an adjacent cell.

On a recent visit to Williamsburg I was struck anew by the scope and audacity of what the Founders did. They risked EVERYTHING to challenge the greatest temporal power on earth. More to my present point, they did so over arrogations and atrocities milder than those we endure every day without complaint. How things have changed.

When will the media do their job
When will Frank, dodd, clinton, Carter, waters, and any one else involved be charged, with wasting trillions of dollars by passing the Community RE-Investment Act.
Politicians should be held accountable for the frivilous laws they write or laws that are unconstitutional.

william
You have some growing up to do!

Has now one told you the President of the USA was a Republican for the past eight years?

Has no one told you that the Speaker of the House has been a Republican for 12 of the past 14 years?

For your spin to work, I would have to believe that the liberal, homosexual, Demoncrat from Massachusetts, that is both gay and liberal, has more power than the President of the United States of America.

Did you know that the Speaker of the House was a Republican from January, 1995 through January of just last year?

Did you know that the House Finance Chairman was a Republican from January, 1995 through January of just last year?

What's the point of being in the majority if, you don't exercise power?

Any attempts of Republican reform of Fannie and Freddie the past decade was about taking power from those two entities and giving it to Wall Street. Wall Street used an average leverage factor of 40 and Freddie and Fannie about five. It was all this over-leveraging that imploded the Financial markets.

zapdatdoodoo
It's the olde chicken & egg thing.

If 'ol Dhimmi Carter (Dem-o-RAT) & Slick Willie (Dem-o-crap)
hadn't messed w/ CRA then threaten banks w/ prosecution for not lending to the po' sheeple,I guess the crooks on Wall St. wouldn't have been able to do their thing would they?

Oh,& let's not leave out Franklin & Jamie (again more Dem-o-'s)for awarding themselves BIG bonuses for the great job they did at Fan & Fred.

You're right zappy...dam them Repub's!

billybob
80% of the sub-prime loans made were outside the government's regulatory framework. Private mortgage companies made, by far, the most sub-prime loans. They did so, because Wall Street could quickly package them up and sell them off, making a profit for everyone involved. Only banks that had FDIC insurance and are regulated by the government are subject to the Community Reinvestment Act.

How many loans was the insurance company AIG forced to give?

How many loans were Bear Stearns, Lehman Brothers, Merrill Lynch, JP Morgan, Goldman Sachs, AIG and American Express forced to give? Nil, they were outside the regulatory framework.

Are you telling me all those pesky credit card and home re-fi offers I got in the mail was because the government forced the companies to send them? I got dozens every week!!

Some Assembly Required
I bought a T-shirt recently that said, " Rope, Tree, Journalist, Some Assembly Required. I think this should be expanded to include judges, politicians. The old cowboy ways don't look so bad right about now. A little public square hanging might just straighten some of these folks right up. The cheats and liars will never stop if they know they can get away with this stuff. I'm not saying anyone should act on that, but if we put the fear of God into some of these folks, things might start to change.

Not sworn in?
Did the article say that the officials in question (or at least some of them) had not been sworn in? In fact, then they were not officials and were simply private citizens, just as (now) President Obama was until January 20 (although, until he resigned his Senate seat, he was a Senator.)

There is not and should not be any law against private citizens (even if they have been elected but have not yet taken office) holding private and "secret" meetings. Those people can not make any decisions (since they are not yet in office.)

I would agree that it may not have a good appearance or maybe not even be ethical but it can not be illegal ("freedom of assembly" anyone?)

As an elected official myself (but not in VA,) I have, since I have been sworn in, scrupulously observed my state's Open Public Meetings Act (and I didn't have any private meetings with the other who was elected with me and any already sitting members) but I certainly believe I should have been able to.

Those citizens should have understood the law (or their attorneys should have explained it to them.)

I might agree that charging the citizens attorney fees for (now) officials, who might have had their attorneys covered by the city, might be a little over the top but the citizens were wrong.

Pistol...

Pistol
Location: FL
Reply # 3
Date: Feb 8, 2009 - 6:16 AM EST

Ratas y Ratones
I used to play poker with my Lab, but he was such a good liar with those innocent brown eyes, he always cleaned my clock. Then I figured him out. Every time he got a good hand, he wagged his tail.

~~~

Yeah, those Labs are such good liars!

I was the happy recipient of a lab doberman cross one time. What a treat.

Dog slept with the wife every night. Tolerated me.

She often watched VHS tapes of old movies on the couch. The dog laid upside down behind her, and was happy.

Went to bed one night, dog crawled up from the bottom of the bed, to snuggle between us. Didn't get much sleep from laughing so hard.




George
George at 2:04. OK, so if they weren't sworn in how were they conducting meetings? Were these meetings in government buildings or private homes? Think a little.

Don't leave out the most needed step...
...the judge **MUST** be fined or removed. That is the ONLY way to prevent such wanton disregard for citizens' rights in the future.

Why is everyone so willing to remove legislators but not judges? Judges are not supposed to be gods, despite their own propoganda that would try to claim that they are.

Willian, check the calendar
Willian, check the calendar.

Pelosi and Reid have been running Congress since 2007. The Congress had a worse approval rating than George W. Bush.

Funny how the media didn't cover that.


George
What about the official who -had- been sworn in already, ie., the sitting officials? Aren't they subject to the sunshine laws? What are the definitions in VA? Were they "doing business?" That is, where they discussing and making decision on job matters, even though not all were not yet in office? Where they acting as if they already were in office? Note that while the citizens were petitioning for recall, the Grand Jury had -indicted- the 4. This was more than some ignorant citizens getting carried away. There was the criminal justice system involved as well.

Double Standard
Gee. When a citizen circulates a recall petition, the judge awards costs to the other side and apportions the costs personally among all the members of the organization. When a SWAT team busts down the wrong door, kills the dogs, and wounds the wife and kid, in the rare case the judge awards damages, it is covered by the taxpayers -- that is, the victims of tyranny end up covering each other's costs, and the perps (cops) get away more or less untouched.

Wot a Kountry.
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