Law And More

Rod Blagojevich, et al. - Is U.S. President Donald Trump Delivering Justice or Building Political Capital?

The most influential section from Geoffrey Chaucer's "Canterbury Tales" is the depiction of the Pardoner. That Roman Catholic clergy peddles forgiveness of sins, via indulgences, for a price. 

Chaucer penned his classic in the middle ages. Later, in 1517, Martin Luther questioned that practice of indulgences in the 95 theses he nailed to the church door.

Now, the issue of pardons again arises. The question is if the U.S. President Donald Trump is delivering his version of justice in commuting sentences and granting pardons? Or is he more focused on building political capital in an election year?

As media outlets reports, the latest sentence shortening is for disgraced Illinois governor Rod Blagojevich. He had been sentenced to 14 years, essentially for public corruption. Among his crimes had been trying to sell the vacated seat of Barack Obama. 

Trump had known Blagojevich from his appearance on the celebrity apprentice show. At the time, that politico, with his Kennedy kind of mop of hair, was golden. 

In IL, parts of which remain machine territory, Blagojevich can be an asset for getting out the vote for Trump. After all, much of the Midwest hasn't bounced back economically the way the coasts have. Blagojevich can talk up the overall economic boom, the records on the Dow, and how 4 More Years can bring new prosperity to the heartland. Voters just shouldn't give up before the miracle. They should give the current administration 4 More Years.

Simultaneously, Blagojevich can get a fresh start in an industry associated with the Trump business empire. It is guaranteed he will be loyal. 

Full Disclosure: Even in Catholic grade school I recognized my extreme sinfulness. I invested my allowance in the purchase of indulgences. 

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"Brian Dux, et al. v. G. Michael Bugarin, et. al" - Reverse Kind of Lawsuit in Catholic Clergy Abuse Scandal

Back in 2002, the Boston Globe broke the story of the sexual abuse of young boys by Roman Catholic priests and the church's cover-ups.

Since then, there have been criminal arrests and imprisonments, lawsuits, big settlement payouts, and even bankruptcies filed by Catholic Church jurisdictions burdened by the funds going out and less money coming in as a result of the scandal. In prison, one of the priests outed by the Boston Globe - John Geoghan - was murdered by inmates. 

Law firm Jones Day has been in the loop defending players in the Roman Catholic Church. 

Now this: A lawsuit has been filed by 20 parish members at the Assumption of the Blessed Virgin in the Detroit metro area. It represents a new "wrinkle" in this continuing saga.

The litigation contends, reports USA Today, fraud by two church leaders who ousted a priest accused of sexually abusing two boys years ago. Because the priest was removed, they suffered emotional distress as a result of the loss. The request is for $20 million in damages.

The lawsuit is "Brian Dux, et al. v. G. Michael Burgarin et. al." The title defendant is a monsignor in charge of sex abuse accusations. The other defendant is the head of the archdiocese of Detroit. Here is a copy of the complaint.

The priest is Eduard Perrone. 

The lawyer for the plaintiffs is Christopher Kolomjec. He is a former Special Assistant U.S. attorney and Marine Corps. Judge Advocate.

The litigation is a response to what is perceived as hysteria resulting from the ongoing allegations of priest sexual misconduct. The details of the accusations are familiar: Those allegedly abused decades ago step forward in the current time, after therapy and great suffering. This represents an aspect of their healing process.

The motivation for the removal of Perrone, claim the plaintiffs, is really the Church's dislike of his conservative views and its fear of negative media coverage. 

In a sense, this is a play-out of the Roman Catholic Church's ongoing strategy for reducing the damage from lawsuits and bad press. Only it allegedly took a different form in this Detroit metro area parish. Instead of seeking the truth the Church, according to the litigation, protected itself by getting rid of the priest.

As many Catholics know, there can be a strong feeling of community in a particular parish. After all, the priest and the members of the congregation continually come together to celebrate the Sacraments, ranging from First Communions to Marriages. During the days in the early 20th century when immigrants from Europe were coming to America, the Roman Catholic Church provided both emotional support and concrete help. The parish school was the tool for socializing their children to the American Way of life. 

This kind of unusual lawsuit can trigger another round of crisis communications by the Roman Catholic Church. The reach could extend all the way to Vatican. Will Pope Francis come to feel it's necessary to make a statement and perhaps take action?

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"I am the law!" Frank Hague Said

Many current progressives came of age after the era of the Big Urban Political Machines.

Therefore, they may be bug-eyed by contemporary national, state, and local politics. Much of that has taken on the attributes of the old machines. 

Let's cut to the chase: Reform is difficult. It could be years before there is a lessening of the hold of those machines on human beings. 

Essentially, those old machines had been well-oiled welfare systems.

They provided everything from emergency employment to the desperate to a free bed in a nursing facility for grandma.

Your side street needed for the snow plow to swing by?

The first step was to walk over to the Catholic parish rectory and talk to the priest.

He talked to someone.

That someone passed the message along.

The snow plow appeared just before sunset, the workers jubilant that they were earning overtime.

The system worked well for many folks in the loop.

During the 1950s, I grew up in the vestiges of the Frank Hague power structure in Jersey City, New Jersey. His welfare approach included building the amazing maternity hospital - Margaret Hague, named after his mother. That facilitated safe births for generations of residents of Hudson County, NJ. Mine was among them. 

In a sense, the machine was a form of voodoo, casting spells. 

What I know from back then is what I wish I didn't. That way of seeing the world and making decisions about behavior is a closed system. There was the saying: You can't fight city hall. 

From the get-go, that instilled a compulsive suck-up culture. My immigrant family sought out opportunities to be of visible service to the powers that be. Of course, they pulled in those of us born here.

Vividly I remember transporting whatever on the bus to some power player. Yes, I went alone, a grade-schooler. Catholic families were too over-burdened with children to be protective. In our neighborhood, little ones tumbled out of tenement windows w/o bars. They disappeared under moving cars. 

Unlike many of my relatives, I wanted a ticket out. I got that ticket punched through academic excellence. That consisted of a full scholarship to an out-of-state college.

There were years of being a free thinker and a free spirit. That scared my family.

Now they are mostly all buried in Holy Name on Montgomery Avenue. So, they aren't around to hammer me with "I told you so." In the current political climate, I have surrendered to the harsh adage: You don't fight city hall. 

Reflection: The evolutionary fundamental of adaptation ensured the survival of the species.

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Skepticism - The Mindset of Thinking Like a Lawyer

Strong traditional thinking had hardened into dogmatism - in some pockets of America.

One result might have been what Jennifer Hawes describes in her book "Grace Will Lead Us Home."

It was Dylann Roof's commitment to the doctrine of white supremacy that compelled him to conduct a massacre at Emanuel AME Church in Charleston, South Carolina.

Roof was so certain of his belief that, as he told law enforcement, he felt he had no choice but to gun down the African-Americans during their bible study. Because they had been so nice to him - and welcoming - he really didn't want to take their lives. But, in how he processed his thoughts, it was a must-do.

In Toledo, Ohio, the Secular Humanists of Western Lake Erie - SHoWLE - is trying to prevent that kind of embrace of absolute certainty.

Its mission is to establish a mindset of skepticism. The leader is Doug Berger. He might be thought of as the Christopher Hitchens of the midwest. Or, the professor in law school you owe your successful career to.

Recently, Berger has introduced a podcast. The first, which you can listen to here, is "Skepticism with Matt McMahon of Toledo." Essentially, the meme is the need to test out one's own assumptions.

The tough nut to crack, points of McMahon, is to make questioning a daily habit. That's what every 1L in law school has to experience. Deep critical thinking is not a one-shot deal. 

Not only troubled human beings like Roof hunger for absolutes. It had been that chase after certainty that has been the platform for religions. Now, that platform is crumbling. When asked about their religions, more and more are answering: No religion.

Part of what is generating that "no religion" is education. The habit of thought which McMahon recommends is the scientific method. That's really another way to frame "thinking like a lawyer."

Since the advent of the GI Bill, more of those in America have been able to attend college. In some form, a required course has been on understanding the methodology of the scientific method. Meanwhile, education at all levels is searching for how to instill critical thinking versus transmitting a formalized body of knowledge.

The  tragedy of much of education in America is that, as some law students bluntly put it, it took going to law school for them to override conventional patterns of thinking.

Berger will conduct podcasts on a regular basis. Here you can keep up-to-date and provide feedback.

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First Bernie Ebbers, Now Bernie Madoff - How Much Elasticity Is There in Compassion

Religions such as Christianity and philosophies such as some schools of Buddhism have as a tenet: compassion. 

Recently, Bernie Ebbers was granted compassionate release for a medical condition. He died not long afterward. Through his machinations as chief executive officer at WorldCom investors lost everything. After the lawyers sued and then took their fee investors (including me) received peanuts.

Now, Bernie Madoff has applied for compassionate release because of a chronic kidney disease, reports The Wall Street Journal. He could be dead in 18 months.

Many of those who invested with Madoff did receive some or all of their funds. But, that was after their own enormous suffering. 

Essentially "compassion" is defined as a feeling of sympathy and sorrow for those who have encountered some misfortune. That generates a motivation to relieve that suffering.

That feeling, researchers have proved, is wired into humans via mirror neurons. To simplify that, mirror neurons are the source of empathy. 

However, the issue with the Ebbers and Madoff types can trigger the question: Should the capacity for compassion be stretched to the point of extending it to convicted criminals? 

In a prison's medical facilities, the criminals will receive the appropriate care. If there are people who still care about them, there will be visitors. Spiritual advisors are available. 

Why then should the be granted more than that?

It's interesting to reflect if mirror neurons can be exploited by the bad guys?

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The Former Lawyers in the U.S. Senate Should Have Known Better

The ABC Evening News with David Muir dominates the category.

That's because those behind and in front the camera know how to conjure up drama.  Yes, all the world's a stage. 

Those in the U.S. Senate lack that theatrical know-how. Yet, as the New York Post reports, the Senators are baffled that the Senate spectator gallery is half empty.

Their back offices, which should be filled with public relations types, can't put together what should have been the Greatest Show on Earth for 2020.

That is weird since many of the Senators have a lawyering background. Lawyers are socialized to put on show, be it in the courtroom or across the negotiation table.

 Here are 4 tips to reverse this failure to engage.

Create mystery. Everyone anticipates an acquittal. To derail that mindset senators should posture voting for conviction. A wonderful side benefit of that is that they will receive lots of coverage in the media. The media is the most powerful institution in the world. 

Stop being so repetitive. The American people feel reduced to being a child whose adults in the loop continue to nag about the same things. Even in search engine optimization (SEO), Google is punishing posters who get stuck in one message phrased in an infinite number of ways. 

Raise the Emotional Intelligence (EI) double-digit points. The ugliness of extreme polarization is turning people off. Ranging from Dale Carnegie to Dan Goleman, those smart about how to win friends and influence people hammer the importance of being tolerant, respectful, and willing to listen. Actually that dates back to St. Francis of Assissi who preached the value of struggling to understand rather than being understood. Here is his iconic prayer. 

Render public service back home. The impeachment trial is typical inside the beltway, that is, looking inward. Break that spell by reaching out back in the home state and do good. Are the supplies for the food pantry running low? Organize an initiative to solicit and collect food from local restaurants and grocers. Part of the popularity of the ABC version of the news is the "American Strong" snippet at the end of the broadcast. It melts our hearts. Yes, 21st century humans still have hearts. 

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"Bridget Kelly v. U.S." - SCOTUS May Rule Bridgegate Legalities Reflected Prosecutorial Overzeal

So, far, reports Fox, things look promising at SCOTUS for the plaintiff in "Bridget Kelly v. U.S."

Here is the Writ of Certiorari. Jones Day is representing Bridget Kelly. The legal matter had been known as "Bridgegate." 

The majority on the U.S. Supreme Court zeroed in on the issue of possible prosecutorial overzeal.

The blocking of the lanes on the George Washington Bridge for a political agenda was distasteful. However, those in the loop doing that had the authority to authorize such an action for municipal property. Also, no money or property had been exchanged for political favors. Moreover, recent trends in federal anti-corruption law have tightened the criteria for classifying as a crime such activities.

However, Ruth Bader Ginsburg and Sonia Sotomayor had concerns about the legalities and messages sent about a ruling on behalf of the plaintiff. But those represent two out of nine. 

In the high court for the one-hour argument had been former New Jersey governor Chris Christie.

He hadn't been personally fingered in the legal sense in Bridgegate. He contended he was unaware of the decision of Kelly and others to block the lanes. That was even though the caper was pulled off to punish a politico who was not supporting the governor in his reelection campaign.

Although not legally spanked, Christie, it was speculated, lost his shot at running for U.S. president because of the scandal. Those who understand how political operations work hammered that staff wouldn't have taken that step without the okay from above. Those kinds of organizations run on power. 

Ever since the Bridgegate story broke, in some circles there has been intense sympathy for Kelly. To them she symbolized The Good Catholic Girl - who had never came into her own. She continued to follow the socialization of much of Catholicism for females to support those in authority. The meme was selflessness. In addition, Kelly is the mother of four.  

The founder and operator of this blog is among those hoping SCOTUS gives Kelly a shot at a fresh start. I have a hunch that this ordeal forced her to find a self.

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Authority in Play - Lessons for Lawyers from Megxit, Iran, France, and the American Revolution

With a very American perspective in The New York Times, columnist Maureen Dowd reflects on the "corgi-and-gin-loving racket." That is, the very wealthy reign of the House of Windsor. 

Essentially, ranging from Prince Andrew's alleged sexual misconduct to Megxit, this is yet one more institution in which trust is lost.

Actually those in the new land went to through that crisis of belief and support about two and a half centuries ago. What was to evolve into the headquarters for global capitalism, the colonists' mindset was about money. The British form of taxation was siphoning off too much of it. 

Windsor's moral authority on everything and anything has blown up.

It would be no surprise if in a future Edelman Trust Barometer there is an allusion to the collapse of belief in the need for the British monarchy.

There is a push-back on the leadership in Iran.

And, in France, Everyman and Everywoman are saying "nonono" to the government's big idea about upping the age of retirement. 

Obviously, Megxit is a microcosm of an extreme paradigm shift in values. That mirrors the intensity of rebellion of not only the American Revolution, but also the French and Russian ones. Of course, lawyers have to pay heed. Law is a man-made institution. The human intersects with all those rules.

The world is bearing witness to that in how Judge James Burke has decided to oversee the Harvey Weinstein trial. Sure, his interpretation of the rules could give ammo to the defense to appeal a conviction. However, currently, it's a kind of "woke" for how judges impose common sense in the convoluted entity that the legal system has become. In time, SCOTUS could decide on the side of simplification: It's that simple that Weinstein shouldn't have been using his cell phone in the courtroom.

With the Barbarians at the Gate, all those with any authority will have to revisit what they consider their "core competence." The question is: What are you best at, what value does that create, how to communicate that, and what is an appropriate reward for all that? 

That type of comprehensive review includes lawyers, both litigation and transactional.

Law.com keeps presenting evidence of the disruptions in the legal sector. Actually, what could be happening is one of those Big Bangs. Law firms, courts, trade associations such as the US Chamber of Commerce, and clients have the opportunity to be proactive on this one.

Communications specialists such as myself are already busy bees recommending:

The new language of authority. Bring on the "we." That's why diversity is so important. With all the current challenges, it's necessary to be inclusive of all points of views and backgrounds. No secret, the legal sector suffers a diversity-challenge. 

Toned-down tone. Authority must sound like it recognizes the unknowability of so much. A Zen mantra is: Clear Thinking, Don't Know.  On "Criminal Minds," there is often an overhaul of the profile. A great moment in broadcasting had been when superprofiler David Rossi had to wrestle with ambiguity.

Confidence in the ability to try on ideas and experiment with solutions. That's how law firm Motley Rice became a respected brand. It put out there and kept refining the traditional concept of public nuisance apllied to product liability. In the California lead paint class action litigation that had resulted in a seminal win. SCOTUS wouldn't review the conviction. 

Connecting. For centuries, the model for that has been how Jesus Christ reached myriad constituencies. Harvard, Stanford, and Yale law schools can launch seminars analyzing the persausive genius of the early Christians. Lawyers have to achieve, metaphorically, eye contact in new business development and all other constituencies to generate positive outcomes for those clients. 

Meanwhile, the 2020 campaign provides a platform for wrestling with the issue of what kinds of leadership are a fit for times of such change. Lawyers should have lots to say about that.

Takeaway: Underneath all the rules is the human need to trust. 

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No Happy Endings, As Lawyers Well Know

The Rhode Island Supreme Court tossed the class action lead paint public nuisance long-running lawsuit. Here are details from Anthony J. Sebok.

The lawyers, including those from Jones Day, and the defendants, including Sherwin-Williams, were mighty pleased. But no one, especially the lawyers, considered that - or outcomes in most pieces of litigation - a happy ending. 

In Santa Clara, California, there was pending another class action lead paint public nuisance lawsuit. For that there would be catastrophe. Not only did Sherwin-Williams et al. lose. Soon enough, as expected, there were copycats lawsuits in Pennsylvania. 

Meanwhile, Sherwin-Williams had to pony up legal costs. Along the way, at least in some circles, its brand took a hit.

But only rather recently is America, the new land filled with opportunity, coming to embrace that there are no happy endings. After all, the inhabitants of this New Canaan will eventually all die. Wealth, power, influence, good looks - none of those can be negotiated for an exception. 

In pop culture, especially all versions of the medium of what's broadly classified as "television," sophisticated - that is, lucrative - programming now has darkness hovering over.

That's very different from the happy ending of every episode of early television. In "Father Knows Best," Jim Anderson solves all emotional boo-boos around the dinner table before the last commercial. Lassie always came home."Perry Mason" ensured justice was done.

In contrast, "The Sopranos" ends in ambiguity and "Breaking Bad" brings insight to Walter White too late.

In the popular "A Million Little Things," as cancer survivor Maggie evolves the relationship with Gary goes kaput and saving the Katherine-Eddie marriage entails war on D. 

And we are sufficiently skeptical about human nature to wonder if, during the last season of "Criminal Minds," David Rossi can hold his marriage together. 

It's so obvious: Human beings are, as William Shakespeare put it, "cankered in the grain." A long successful career in criminal law has helped target Alan Dershowitz. He is fighting for his brand and legacy, including with his book "Guilt by Accusation." Here is my article published on that.

I had been managing communications for a lawyer considering a lateral. "You are exchanging one set of problems for another set. The latter may or may not be less stressful to manage." She stayed put.

Overall, happy endings could go the way of the low-IQ phone. We were entering the era of Post-Christianity. That optimistic ideology is flickering out. Even Pope Francis, in his Christmas message, warned that around the world acceptance of Jesus Christ as savior is declining. 

The genius of 20th century dramatist Eugene O'Neill was that he gave his plays no happy endings.  Audiences were thrown off their belief game - and came back for more.

When I was shaken out of the Catholic school-girlish notion (including a women's Catholic college) about the goodness of mankind, my two businesses had a comeback. 

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Post-Christianity - In Reason We Trust

Pope Francis leveraged his Christmas message to warn leadership in the Roman Catholic Church that, overall, the beliefs of Christianity are becoming increasingly irrelevant. 

Meanwhile, Gallup found that only about 50% of Americans are members of a formal religious organization. That's compared to 70% in 1999. 

Organizations such as the Secular Humanists of Western Lake Erie, led by Douglas Berger, are gaining traction, even in the states whose signature is evangelical Christianity. Here is my exclusive interview with Berger.

And, for the first time in what has turned out to be a very long life, I have stood my ground publicly: I stated I do not celebrate Christmas because I am not Christian. My current value system? Fluid.

The influence and power of Christianity had been profound. It underlies many religions, including, of course, Roman Catholicism. Businesspeople who have been through the ups and downs of their own professional life might put it this way: Christianity had a good run.

For more than 2,000 years, Christianity had been a dominant brand with large market share. In the communications industry, some might attribute that endurance to the platform of brilliant story-telling. The New Testament bears witness to the basic tenets of the teachings of Jesus Christ. As literary art, students of persuasion analyze the methodology.

How will the world of post-Christianity play out? No one knows.

Depending on the next election in the U.S., the evangelicals could begin to represent a fading ideology. Extreme conservatism could lose its hold throughout America. 

Parents would have to scramble to provide a fresh value system for their children.

Courts will have to pull down, finally, those backdrop signs of "In God We Trust." Trial lawyers will have to reframe opening and closing arguments which had been embedded with Christian assumptions about values.

And, those of us who have suffered as free thinkers could be left alone. Christians will lose the moral authority to pontificate what we ordinary human beings should do or not do.

Perhaps critical thinking can be taught in public high schools. That would negate the requirement of college to supposedly teach how to reason. 

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