Category Archives: The Law

Let’s Try It!

Ever since I encountered Malcolm X’s writings in the 60s, I’ve had a love/hate relationship with the phrase “by any means necessary.” I’m reasonably sure what Brother Malcolm was referring to was the right of the Black community to defend itself, violently if necessary, against any and all attacks on their rights.

I’m also pretty sure a lot of people interpret the phrase as a general call-to-arms and an incitement to violence. I beg to differ. I believe the phrase should be interpreted (ironically) literally, i.e. whatever works is what we do if we want to make positive, progressive change in this country.

We have a tool available to us and we don’t use it very effectively. I’m referring to voting. Historically, since the early 20th century, less than half the eligible population has voted in midterm elections. In 2018 it was 50%, for the first time since 1914.

If you don’t think there’s a correlation between voter apathy and the quality of representation we get, I’ve got a Louie Gohmert to sell you.

Voting is a “means” at our disposal. Protests, demonstrations, general strikes are “means” as well, but they’re not mainstream and, therefore, are far more difficult to pull off. The whole damn country votes on (or, thankfully, around) the same day every two years.

I know there are those who say voting doesn’t matter. I’m sure there are plenty of cases in which that’s true, but that doesn’t make it a universal truth. Regardless, when 50% or less of the eligible population bother to vote it’s much easier for a small but organized and cohesive group to take over the governance of your city, county, state, or federal government. Maybe even your HOA!

Please vote. Let’s give it a try. Make sure your friends and family know how important it is. Not just in this upcoming election, but from now on. From The standpoint of availability and feasibility, it’s the most “necessary” means at our disposal. Let’s wield it intelligently.


Legal “Goofing”

In my second year of law school I was able to secure a position with a sole practitioner in Beverly Hills. His name was Michael David Freeman and he hired me to be his legal secretary.

Although I had not done secretarial work before, I was a pretty good, fast, and accurate touch typist and I was doing well in school and kind of knew my way around the issues I would be dealing with.

MDF specialized in personal liability and property damage as the representative of three major car rental firms: Thrifty, Budget, and Dollar. He had previously been a C-level executive of one of them and had numerous connections.

We did some other work as well: a little contracts; some wills and trusts; and maybe a little family law. This was from (approximately) late ‘74 to late ‘76.

Shortly after I started working for him, he purchased an IBM memory typewriter and sent me to a one-day class in Century City to learn how to use the thing. It was my introduction to word processing, pretty much at the inception of the concept.

Between learning to skillfully use the device and sending out demand letters, discovery requests, and other miscellaneous documents, I sometimes riffed on the concepts I was conveying with a mix of facts and legal mumbo jumbo, and now and again would fire off a letter or two to friends … just for the fun of it.

Yesterday, while desperately searching for a document I needed in another context, I accidentally came across a couple of those letters. What follows is one of them I sent to my long-time, dear friend Loren.

Clearly, I had far too much time on my hands.

Hope This Is Legible

Speeding To Work

You may have heard of jury nullification, where a jury has the power to ignore the judge’s instructions and renders a verdict based on its belief in how justice must be meted out.

Since I started my new job in Agoura Hills, which involves a 25 mile drive mostly on freeways (118 -> 25 -> 101) I’ve noticed what I’m calling driver (or speeder) nullification. Shortly after transitioning from the 118 W to the 23 S there are numerous battery-powered signs on both sides of the freeway that say the speed limit is 55 MPH. They also have radar capability which shows the speed of approaching vehicles. If those vehicles are going too fast the sign says “SLOW DOWN.”

My experience is hardly anybody goes slower than 70 MPH and a large percentage of the traffic is moving at 80 MPH, though they may slow down when they see one of these signs. Not to 55, or even 60, but slower than they were moving a few moments prior to approaching the sign. Almost nobody goes 55 MPH and I’ve yet to see a vehicle pulled over and being ticketed. Frankly, I don’t see how they can, because just about every one of them is hauling ass (including me.)

It’s interesting.


State of the Union

The Criminal in Chief

This treasonous son-of-a-bitch is still holding our nation hostage with his lying and gaslighting. Now 1/6 was a fucking love fest? Donald John Trump incited and instigated the violence that took place at the Capitol on January 6 of this year. He IS responsible for the damages, injuries, and deaths.

I know its fraught with political consequences, but Trump MUST PAY for his criminality. AG Merrick Garland needs to bring charges against him, as well as the people who stormed the Capitol. If he is not held accountable, it will happen again and again until they succeed in tearing this country apart.


We’re Entitled To Defend Ourselves

I have, in the past, asked when it would be time to consider acting out against polluters, climate change deniers and, especially, so-called governmental leaders as acts of self-defense. After all, increasingly severe weather events are killing large groups of people who currently have no say in how we deal with the climate crisis, which I believe is very real and abundantly documented.

So I’ve wondered just how long we’re going to sit back and allow our leaders and businesses to ignore what is patently obvious, ensuring more and more of us will be sickened, impoverished, and killed because of their greed and intransigence.

You might want to take 10 minutes of your time and listen to what Chris has to say here. It seems to me we have only about three paths to implement the changes that are necessary. Massive participation in the electoral process to fundamentally change our leadership, massive civil disobedience to disrupt the status quo, or massive violence to overthrow the government and install new leadership. I would prefer one of the first two (and, like Chris, I’m fairly convinced the second of the two has the best chance of making real, fundamental, transformative change) but I’m not opposed to the latter on ethical grounds. I do, however, think violence will end up hurting those who are the most susceptible to oppression and suppression and, therefore, am not terribly sanguine about such a direction.

I’m thinking this is something that will deeply impact all of use far sooner than we’ve been led to believe, and action is imperative. What do you think?


Missouri considering bill that would create armed ‘Minutemen’ volunteer force

As if there weren’t enough problems with the absolutely crazy proliferation of guns in the United States, some people are so caught up in the perceived value of everyone owning and constantly carrying guns, we’re beginning to see what I would consider crazier and crazier legislation to exalt the use of firearms. This article from American Military News is a bit disheartening. Isn’t this a mission the National Guard is designed to fulfill?

If you ask me (I know, you haven’t. Consider it a figure of speech on my behalf) this is nothing more than fear mongering; a cowardly bend of the knee to racism and xenophobia. We already have Police forces, Sheriff’s departments, and various types of Marshals, in addition to the aforementioned National Guard. Who are these “minutemen” going to protect us from? White supremacists. For some reason, I suspect this would actually prove to be a natural way for white supremacists to move closer to realize some of their darkest fantasies.

I’ll reiterate. Bad idea! Bad, bad fucking idea. Here’s an excerpt and you can read more at the link appearing below.

Lawmakers in Missouri are considering legislation that would make it legal to create a Missouri Minutemen, a group of legal gun owners who could be called to action by the governor. On Tuesday, state senators discussed S.B. 258, which would establish “that there shall be the minutemen of the state which shall be called into service by the governor for use in defense during a state of emergency with consent of two-thirds of the General Assembly.” According to the legislation, any legal Missouri resident who is legally able to own a firearm will be allowed to voluntarily join the minutemen

Source: Missouri considering bill that would create armed ‘Minutemen’ volunteer force


Time To Really Amend The Constitution

While doing a bit of research on the original sin of racism in the United States, I came across this quote by Benjamin Franklin. I find it a powerful argument for why the Constitution of the United States needs to be either completely re-written or deeply studied and amended. I say this because it was written entirely by white men. At the time, this made “sense” as nobody else was allowed to own property or to vote; not women, indigenous Americans, or black people, all (or, certainly, the vast majority) of whom were slaves at the time.

“I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected?” he asked.

Benjamin franklin – September 17, 1787

Things have changed considerably in the ensuing nearly 234 years and I believe our guiding documents should be updated to reflect the profound changes that have occurred in our nation during that time. From the ending of slavery, through women’s suffrage, to the Civil Rights Movement, and to the first Native American to be appointed to a Presidential Cabinet position, nearly everyone has been “emancipated” politically, yet our founding document still rests on the “prejudices, passions, errors of opinion, local interests, and selfish views” of the Founders. I believe we can … nay, must … do better.


White History Month’s Greatest Hits

I’m not normally fond of using WordPress’s “Press This” function, because it only pulls a few words into my blog from the original post. It’s good because it means anyone wishing to read the article can see it in its entirety as originally published, but it also means I might have to copy some words over to make the post a little more intelligible and to provide some needed context.

Nevertheless, this article is one I consider extremely important . . . for white people to read. As I commented when posting it to Twitter and Facebook: “We may not have invented racism, but we sure as hell have benefited from it these last 3 or 4 centuries. It’s up to us to end it. That’s the real “White Man’s Burden!”

Check this article out. You might want to read more at The Root as well.

After a grueling 28 days of watching corporations, institutions and random white people pretend to care about the legacy of Martin Luther King Jr., Harriet Tubman and that other Black guy with the big part in his afro (I think it’s Booker T. Douglass), we now return to our regularly scheduled program.

Source: White History Month’s Greatest Hits


Why I’m Not a Journalist

In January of 1971 I was living in Berkeley (aka Berzerkeley), California. I was “working” at an underground radio station run out of the living room of one of the guys who lived in my building. The address of our building was serendipitously easy to remember; it was 1776 Leroy, just north of the UC campus. I had a one-room, no-water flat though, during that winter there were times when moisture dripped from the walls. I had to go down the hallway to get water, relieve myself, or take a shower. I had a hotplate in my room and, truth to tell, I don’t recall if I had a small refrigerator or we shared one in a common area.

Our studio put out 500 watts of power, but we only had a 1/10 watt transmitter our engineer had managed to sneak up and secure at the top of the Engineering Building on campus. We had dual turntables, a reel-to-reel tape recorder, and various other recording devices, microphones, etc. With that little of a transmitter we only reached about 5 blocks square, which was a substantial portion of the north campus community.

In addition to playing music, I thought it was important for us to report on local news, as well as national political news if it happened nearby. On January 5 of that year, the trial of Angela Davis began in the Marin County Courthouse, a little over 20 miles away. One of the devices we had was a boom box that had a cassette tape recorder and I decided to haul my ass over to the courthouse and cover the trial.

I later provided armed security for the McAfee family, whose farm was used for Angela’s bail, when they appeared at this concert.

When Angela Davis’s attorneys came out to speak to the crowd, they were inundated by reporters, journalists, and photographers. There were so many of them (in case you aren’t familiar with this case, it drew international attention) her supporters could not hear a word that was being said. I knew that my boom box could be used as a megaphone, and I knew how to make it happen. I offered her attorneys the use of what I had turned into a way to amplify their voices and reach her supporters. They gladly accepted.

So … everyone got to hear the update Angela’s attorneys provided. Unfortunately, it meant I didn’t get to record anything. I returned to Berkeley empty-handed, save for the memory I had of the event. I had nothing to report other than that. No audio at all. Though I later published the Los Angeles version of The War Bulletin, which was produced in Berkeley, and I’ve written and published several newsletter over the years, that was really the end of whatever career I might have had as a journalist. I wasn’t capable of detaching myself from the story (at least not THAT story) and recognized I didn’t have what it takes to “get” the story.

PS – Today is Angela’s birthday. Happy Birthday, Comrade. Wishing you many more.


Buh Bye, Y’all.

Seventeen states have joined the State of Texas to petition the United States Supreme Court to delay the certification of the results in Pennsylvania, Wisconsin, Michigan, and Georgia, arguing that alleged issues with the votes need to be investigated. While alleging fraud, the lawsuit offers no evidence that fraud has occurred. Instead, they argue that new methods of voting (all of which were approved by State Legislatures) could have resulted in fraud arguing, “The constitutional issue is not whether voters committed fraud but whether state officials violated the law by systematically loosening the measures for ballot integrity so that fraud becomes undetectable.”

What’s disturbing about this lawsuit’s theory of the case is that mail-in voting has been in use for decades, and these alleged “vulnerable” methods of voting have only been expanded in use, not changed in how they’re implemented and exercised.

This is really the height of frivolity and, in my opinion, every one of these Attorneys General should be investigated by their state bar. This is a naked attempt to disenfranchise millions of voters, most of whom are persons of color, aka Democrats. The four states they’re targeting are Michigan, Wisconsin, Pennsylvania, and Georgia. Many have pointed out, and I will as well, they aren’t alleging the same issues in states where Trump won, even though the situation in those states is similar to that of the four targeted states.

I’m not sure if the decision is expected today, though the Electoral College convenes on Monday to officially cast their votes and that will further cement the Biden/Harris victory. I believe the Court will want to render their decision prior to that happening. We’ll see. I’ve been consumed by fixing a health insurance problem I have for my kids, and a bunch of recipes I have to help my 17-year-old shop for and cook/bake, so haven’t been paying attention quite as closely as I normally would. I do expect it will be thrown out. What we don’t know is whether or not the justices will take the opportunity to teach these idiots a lesson in constitutional law. That would be a hoot.


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