Thursday, September 11, 2014

McDaniel issues statement on appeal. (Updated)

State Senator Chris McDaniel posted this little blurb on his Facebook page and issued a press release as well:

Activist judges have been a problem in Mississippi since the 1950s, as we saw with the Kellum decision.

It is quite important to note that Kellum decision was an act of judicial activism. In that case, contrary to statute, the judge imposed the 20 day deadline only intended for county elections onto Congressional and statewide elections.

Were the State Supreme Court to uphold the recent ruling to dismiss based on Kellum -- which was based on laws repealed in 1970 -- they would affirm such judicial activism.

That type of judicial activism is abhorrent to conservative Mississippians, and its practice opens the door for judicial activism on any number of other issues brought before the court.
Now, I would like to see this case go to trial.  Bring the evidence before us, evidence that is allowable under the rules of evidence, and lets determine whether or not you have a case.  However, complaining about activist judges in the 1950's.  Um, you MIGHT want to rethink that statement.  What exactly were the activist judges activizing about in the 1950's in Mississippi?  Dare I say the dreaded "I" word? BOO! Integration.  The other usual hot-button issues on judicial activism didn't become issues until the 60's and 70's.   Chris, you might want to think before you start typing.  

Update: Here is the press release: 
The Mississippi Supreme Court granted Republican Chris McDaniel's request for an expedited hearing, and announced it will hear oral arguments en banc, or before the entire panel of judges, on October 2, 2014.

“We appreciate the Supreme Court’s attention to our challenge and their decision to hear arguments before a full panel of the Court,” said McDaniel of the Court's order.

"Activist judges have been a problem in Mississippi since the 1950s, as we saw with the Kellum decision, which, contrary to statute, imposed the 20 day deadline onto Congressional and statewide elections," said McDaniel spokesman Noel Fritsch. "Since the statutes are silent on any issue regarding a twenty day deadline, any approval of such a deadline by the Court without legislative approval would be judicial activism by definition."​

“The Mississippi Supreme Court recently ruled on authority to file a challenge in the case of Speaker Gunn v. Barbour.  In that challenge, Speaker Gunn filed his multi county election challenge 34 days after the election, and the Supreme Court found no reason to borrow the time limit in the county election statute of 20 days," said Mitch Tyner, McDaniel's lead attorney." Doing so here to prevent Senator McDaniel from presenting his case on the merits would be a double standard.”

43 comments:

Anonymous said...

The saddest commentary on all of this is that a plurality of republican primary votes actually supported him initially. We really dodged a bullet.

Anonymous said...

He is incapable of thinking.

Besides, if he was qualified at all, he would have used his position as Chair of the Committee of Elections to write legislation to correct this. He didn't, because he is not capable of functioning competently at a much less important job than the one he is convinced God told him he would have.

Anonymous said...

McD always resorts to ideological based threats when he does not get his way, which alienates the people who have to make decisions about him, which leads to more ideological based threats and more failure. When is he going to learn that true conservatives want representatives who can pragmatically, rather than ideologically, craft and negotiate solutions that a majority can implement? Just keep attacking away and tilting at windmills Chris: you will get nowhere that way and ultimately run out of money except for the proceeds from the extreme talk is cheap radio circuit.

Anonymous said...

That statement was attributed to his campaign spokesman, Fritsch, earlier in the week. I think history has shown there will be no thinking before typing/talking there.

Interesting appeal strategy. Demonize the trial judge (who you praised just a couple of weeks ago) and threaten the appellate court.

Anonymous said...

@10:31 I tried to make that point in the comments to that Facebook post. It was promptly deleted.

Anonymous said...

Does the statement even make sense? How can a 1959 court decision be both "judicial activism" that was "contrary to statute" and also be "based on laws repealed in 1970"?

Anonymous said...

This is what happens when parents give in to a two year old's temper tantrums! The child will become a narcissist who believes the world revolves around him and who inappropriately seeks the limelight!

Don't let your children grow up to be like McDaniel! Even if their peers and teacher temper the behavior, at some future point in the adult world, your child will begin to unravel.

Nothing will be off limits in trying to gain attention!

Anonymous said...

@10:53 I too have been deleted from his FB page. It is so sadly pathetic and telling that the man has to only have adoring fans post on his FB page. He does not want to hear any concern from anybody that does not worship him. And frankly, I am appalled by the ignorance in the comments there and he does NOTHING to correct them. You would think they would at least get, by now, that write ins are not allowed, but they do not. At this point I don't even care what corruption, fraud, vote buying or anything else happened if it kept Chris McDaniel from going to DC to represent me and my state. What a bullet we dodged!

Anonymous said...

Be careful Jackson, the Jones County redneck train is heading your way!! Long lines at every Golden Corral or Ryan's in the entire metro.

Anonymous said...

Was McD an only child? Is that the source problem?

Anonymous said...

@11:48.. they will never understand the fact that write ins are not allowed. Apparently, the concept is simply too much for them to wrap their brains around. I've been monitoring his facebook page for quite a while and laughing at some of the ignorant comments on that page. Some of the smarter ones will correct them and say "hey guys write ins are not allowed" but that point still has not gotten across to them. That's fine, let these idiots vote for Chris as a write in, it's one less vote for Childers I guess.

Anonymous said...

I've been monitoring his facebook page for quite a while and laughing at some of the ignorant comments on that page.

No surprise you are as obsessed elsewhere than just at JJ.

Anonymous said...

1:00 pm It's fascinating! So few of us know people this bizarre!

Anonymous said...

It's a self-defense measure 1:00 pm. I want to avoid these people.

Today they are a political danger to themselves and others , but tomorrow they could be a physical danger!

I just want to be sure not to accidentally hire them or be in proximity to them.

Anonymous said...

@12:28 yes, he is an only child. I have always said that explains a lot.

Anonymous said...

Always a good thing to be aware of the nutter's new secret phrases. If you know the secret phrases then the hidden nutters reveal themselves.

Anonymous said...

I'd give it the attention it deserves. Nothing.
" activist judge(s)" so sayeth the activist tea party trial lawyer turned potential candidate.
I think the sole aim of this tea party activism is to demonize the GOP, thuscreating a democratic sympathy.
It took rainbow money from the club for growth to back this idiot. Think about it. If you wanted to polarize and sway public opinion, what would your strategy be?

Democrats have lovingly sent money to these people watching them hang themselves on their own ropes.
( no racial mess meant, it's just a metaphor for unchecked power).




Anonymous said...

So, let me get this straight: a sore loser -- who is chairman of the Senate election committee and never took any action to legislatively overrule the Kellum decision -- is criticizing what he terms "judicial activism" when he is seeking to have a court throw out an election and declare him the winner, despite the fact that he lost by thousands of votes? Oh the delicious irony. You can't make this shit up.

Anonymous said...

Granted, McDaniel is not likely the one writing the posts on the Facebook page, but they are still attributable to him. How close are comments accusing trial judges of activism and thinly-veiled threats against (elected) supreme court justices to violating Rule 8.2 of the Mississippi Rules of Professional Conduct?

"A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to tits truth or falsity concerning the qualifications or integrity of a judge . . . ."

Anonymous said...

His audience craves this type of material.

His audience is tired of blacks getting preferential treatment, gays being recognized as humans, women aborting babies, Jesus being thrown out of schools, Mexicans being allowed a chance to immigrate to the US, etc.

Their hands are thrown up, their mouths agape, their eyes ignited....to the point that it does not matter WHAT someone says from their side of things....just say SOMETHING with a "praise Jesus" in it and they follow walking not unlike a zombie.

Its religious and racial capitulation.

To make it erupt, let there be an actual economic collapse....that's when things will stop being typed here and things will get real in the roads.

Set your clock.

Anonymous said...

Mr. McDaniel, have you no sense of decency, sir? Have you left, at long last, no sense of decency?

Anonymous said...

Please, MAKE IT STOP!!!!
I'm assuming that, if the Supremes rule in favor of McD, it goes back to Judge McGehee in Jones County-whose character the McD's have so roundly impugned. Sounds like a smart strategy to me.
IF it goes back, is there a way that those of us who made the mistake of voting Republican in the counties he wants thrown out file file an injunction against having our votes thrown out?

Anonymous said...

I'm not so sure he isn't the one posting on Facebook. With an narcissistic personality like that, I could see him monitoring every comment, scripting every post and deleting everything that contains the slightest hint of criticism or dissent. He would have plenty of time on his hands in between writing fund raising pleas and headlining barbecues. He seems to have never had much interest in his current job anyway, as is evident from his poor attendance in the State Senate.

Anonymous said...

The reason the Gunn case is not precedent and not on point on the issue of the time deadline is that no one thought to raise the issue and no one apparently was aware of the deadline established by Kellum. Frankly, the Kellum case was not in the annotations or properly noted in the legal research sources, thus it was easily overlooked. Had Jep Barbour's lawyers have been aware of it, they would have raised Kellum back then. However, Gunn doesn't address the issue and therefore cannot be relied on as precedent on the issue of time limits for a challenge. That silence is not precedent especially when the parties have not raised the issue is elementary in the proper understanding of precedent in a common law system. Gunn is of no benefit to McDaniel, but is all he has to go on.

Anonymous said...

The same half-dozen Cochran supporters keep chasing their tails and smelling each other's asses.

Kingfish baits the hook and the Cochran minnows jump right in the boat.

The saddest commentary ...

We really dodged a bullet.

He is incapable of thinking.

... he is not capable of functioning competently ...

Just keep attacking away and tilting at windmills

This is what happens when parents give in to a two year old's temper tantrums!

Nothing will be off limits in trying to gain attention!

What a bullet we dodged!

Long lines at every Golden Corral or Ryan's in the entire metro.

... the concept is simply too much for them to wrap their brains around ...

So few of us know people this bizarre!

Today they are a political danger to themselves and others , but tomorrow they could be a physical danger!

Always a good thing to be aware of the nutter's new secret phrases.

Oh the delicious irony. You can't make this shit up.

Mr. McDaniel, have you no sense of decency, sir? Have you left, at long last, no sense of decency?


ROFLMAO.

Anonymous said...

"Furthermore the Court will be faced with the specter of acting as an activist court.
Since the statute is silent on the issue of any deadline for multi-county elections, any ruling that supports a twenty day deadline without judicial approval is, by definition, judicial activism."

This is such a great legal strategy. First, possibly piss of the judges that are to hear your case by declaring them as "activists" if they dare rule against you, Second, plead your case on the internet and not in court and claim that it is "on the merits",Third,be such a douche bag that you can't shut your mouth without begging for money.

And my secret word was "endspan this", one can only hope.

Anonymous said...

4:10 pm
Isn't that exactly what was said by counsel for the Army in Senate hearings to Joseph McCarthy? So applicable, because McD is a later day, would be Sen. Joseph McCarthy. Just say anything to become a US Senator.

Anonymous said...

a quick check of the Supreme Court docket shows that no request for an expedited appeal process was filed by either McDenial nor Senator Cochran. Another damn lie from this scumbag and his cult. the scheduling order was made pursuant to Court rules that certain classes of cases, including election contests, are to be expedited. Why do they tell lies that are so easily exposed?

Anonymous said...

12:29, unfortunately, a write-in vote for McDaniel IS a vote for Childers.

We need to wake up, conservatives! Don't think Childers can't sneak up and win this thing....there are enough butthurt McDaniel voters out there to split the Republican vote and give the election to Childers.

At the end of the day, I surely wish McDaniel could put the good of the country over the good of himself and just concede! Yeah, I voted for him twice, but I'm certainly having voter's remorse. Had I known of what he is capable before I voted, Cochran would have gotten mine.

Here's the main takeaway from all of this: In November, Mississippi MUST send a Republican Senator back to Washington. For the foreseeable future, it looks like Cochran is MUCH more likely to defeat Childers than McDaniel. Therefore, if McDaniel had the COUNTRY in mind, he would concede, let Cochran run his campaign, and plan for next time.....if that's even a realistic possibility for McDaniel now.

Anonymous said...

In the era of electronic legal research, "it wasn't in the annotations" is a piss-poor excuse.

2nd year law dropout from Texas Southern said...

5:11 - thank you. While staying off social media discussions on this lately any quality lawyer - obviously by definition that is going to eliminate McDaniel and Tyner - recognize that the Supremes are not going to address an issue not raised to them. In the Gunn case, nobody raised the time factor in the case. There were some strange factors at place then, but the 20 day rule would still have applied. But the attorneys for Barbour (Jep) did not raise the deadline - either at the circuit court stage in front of Judge Forrest Johnson or on appeal to MSSC.

This is another - one of many anothers - red herring being drug through this proceeding by McDaniel and his incompetent team. Just like using the defense that "its not in the annotations" as a defense. Anyone that actually does research can take 921 & 923 in the current code and see where they came from in the 1942 code. Looking at the supplements to the '42 code Kellum is right there in front of you.

Lawyers that depend on 'annotations" or on Westlaw for their total research aren't worth the $15 that these McDites are sending in for this wonderful legal defense.

Johnny Weir said...

You have to give it McDaniel he really got the state govt. looking at cross over voters. Hoseman can see how the vote can be swayed by cross over voting. Louisiana & another state changed voting laws. Perhaps MS will changes the laws too...

Anonymous said...

And Kellum is now in the annotations for 23-15-923 from Lexis who are the official code publishers.

Anonymous said...

5:12 pm If Mr. McDaniel didn't feel the need to keep filing suits, issuing press releases, posting on his FB page, begging for money there would be no bait.

Repeating verbatim the comments of those with whom you disagree isn't a good tactic. It's especially not a good idea when similar comments are being made , not just here, but all over the country.



Anonymous said...

5:12 be sure to get the video when you read all those comments to the crowd at the next McDaniel fundraiser. Maybe instead of fundraisers you call them come to jes*s meetings? Or exorcisms?

Anyway I wrote one of those quotes and would love to see that on video. The crowd reaction should be precious too. One more thing, make a donation on my behalf to the cause. Give till it hurts and think of me when you do it. Meow!

Anonymous said...

Please work on sentence construction and verb tenses.

Your grammar should have been better than this by the end of the 5th grade.

There was a time you would have not been promoted ( assuming you were) to the 6th grade without a better grasp of the English language.

Telegraphing your poor educational background negates any influence you wish to have.

You would be well served to try to educate yourself.

Anonymous said...

McD's lack of publicity lately must be getting him down.

Anonymous said...

Is this a boring English class or a political blog? Tighten your bowtie son and swallow a minnow.....hahaha.

Anonymous said...

3:44 pm Weir advertises himself as an intellectual minnow with his extremely poor grammar.

Most of us don't pay much attention to those who can't talk or write coherently.

But, way to strike a blow for ignorance!

.

Adam Pythagoras said...

They attacked the windmills but we withstood the tests. They are a political and physical danger to all! We dodged a fusillade of bullets!!!

Anonymous said...

11:20 said, quoth, How can a 1959 court decision be both 'judicial activism' that was 'contrary to statute' and also be 'based on laws repealed in 1970'?

I'll bite. The gist of the stance being put forward is that judicial activism happened during the 1959 decision, Kellum, which applied the 20-day-deadline from the county-level election statutes to a larger election (sections 3141 and 3143 if memory serves).

The laws used in Kellum were the 1942 election-code, which was repealed in the 1970s, and thus the argument is, that judge McGehee in 2014 should have used the current statutes, sections 921 and 923, not relying on the precedent set for the repealed laws. McGehee was not activist, in other words, but he was following an precedent which itself was created by activists.

The weakest part of the argument is the contrary-to-statute portion, since both the 1942/1959 statutes and also the 1970s/2014 statutes are explicitly silent on whether there is a deadline of any sort for statewide/congressional elections. But if you go with the idea that silence implies no deadline was intended by the legislature (as opposed to the idea of in para mutuel or whatever the latin phrase was about reading-it-all-together-holistically), then the contrary-to-statute argument applies to the 1959 kellum decision, which ought not have replicated the explicit deadline from one section into another which was silent about deadlines, and by extension, also to the 2014 McGehee decision (assuming he were to ignore the precedent as activist... and then by analogy refuse himself to apply the same replication-of-the-deadline logic to the modern statutes).

Clear as mud?

Anonymous said...

I would be very interested in hearing from the McDaniel camp legal historians of exactly how activist justices on the Supreme Court have been a problem since the 1950s? An assertion of fact has been made by McDaniel, now I would like to see the argument. What justices and cases can they cite besides Kellum? I should note that Kellum was a unanimous decision, and hardly seems to be a case of radical activism, but rather represents a reasonable effort to apply a rather poorly drafted statute in a manner consistent with the Mississippi Constitution to avoid chaos in election challenges to statewide and congressional elections. As they say on radio, I'll hang up and listen.

Anonymous said...

Yep, 7:06 AM, clear as mud. However,that, along with the general absurdity of all this helps to explain why Judge McGehee delivered his explanation for his ruling with a very pained expression. He did not look like a man who was enjoying himself and I did not envy him. But he did explain that his ruling was based on the "reading-it-all together" line of reasoning. My bet is that his ruling will be upheld by the Supreme Court. (I'll laugh hysterically if that Court is then derided as "activist.")I'm not sure how I feel about that. I'd kind of like to see McDaniel's legal team try to defend the admissibility of the evidence they've made public so far, and then the probative value of whatever they actually get admitted. On a side note, has anybody else noticed how many of McD's Facebook cheerleaders and outraged supporters are from out of state?



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