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26 September 2020

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Bob of Bonsall

Nice to see Col. David Hackworth remembered. His memoir, About Face is an excellent read.

turcopolier

Bob of Bonsali

He would generally call me "buddy" or "pal." A great honor. He said he did not think me one of the assholes, of whom there are so many.

Fred

Robert,

Those judges are simply legislating from the bench, just like many of their predecessors have been for years. As to General Flynn's case, to quote the article you linked to:

"The appeals court ruled that Burnett’s summation had been so cogent and so well-expressed that he himself had corrected the error, and so upheld the conviction."

Sullivan will probably pull the same stunt on Sydney Powell and force her to go to the Supreme Court to have the writ of mandamus enforced.

Deap

Long felt there should be two training tracks within the study of law: (1) bench jurists and (2) lawyer practitioners- also divided into two sub categories: court lawyers and transactional lawyers - not unlike the UK barristers and solicitors.

Voters often ask how much "trial experience" a judicial candidate had prior to being on the bench - when in fact they should be asking how much legal scholarship and neutral jurisprudence engagement they have. Not just partisan infighting either as a plaintiff or defense client representative in court. Trial lawyers are cage match gladiators - qualities that do not necessarily translate into sober court decision makers.

Being a trial lawyer is exactly the wrong kind of experience to evaluate fo the position on the bench.. Because it is too narrow, too adversarial, too often manipulative abusing both procedure and evidence. Those are the qualities one wants in a court case lawyer; but they demonstrate no skill benefit for ultimately a jurist.

The jury tries the evidence as skillfully presented by the trial lawyers on both sides. The judge rules on the law. The judge should be a trained jurist, a neutral legal overseer; not just a trial lawyer who got kicked upstairs.

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