Monday, February 7, 2011

A strange world

John A. Vogt
     Many months ago, I was deposed for hours by defendants’ attorney, John A Vogt, for Westphal v. Wagner (the prayer suit, of which I am a plaintiff). He’s a Jones Day lawyer.
     Jones Day is a fancy schmancy “blue-chip” law firm. Very pricey. Very creepy.
     At one point during the deposition, I somehow opined that former OC Sheriff Mike Carona was a corrupt bastard who was headed to prison. Vogt took immediate offense. He commenced interrogating me, questioning my assumptions, forcing me to support my claim. He was pissed. (At the time, Carona had already been convicted, but I do believe that the decision was then on appeal. I guess the appeal didn’t work. As you know, recently, Carona entered federal prison in Colorado.)
Brian A. Sun
     I was perplexed by Vogt’s odd passion for Carona, that manifest rat bastard. (I think I may have referred to Carona as a "rat bastard." You know me. That didn’t help.)
* * *
     I shoulda known. Tonight, reading some old newspaper articles, I happened upon the fact that Mike Carona was represented by Jones Day at his corruption trial.
     —For free. Yep. You’ll recall that Carona quickly ran out of money, what with his endless legal problems. He was damned lucky that Jones Day stepped up, I guess.
     I did a little looking. Near as I can tell, Carona’s attorneys were Brian A. Sun and Jeff Rawitz, both senior attorneys at Jones Day.
Jeff Rawitz
     Rawitz, it seems, was a particularly well-known and respected attorney. Like Vogt, he was a classic, hard-charging bastard of an advocate.
     As it happens, during the Carona trial, Rawitz started displaying odd medical symptoms. Soon after the trial, he was diagnosed with Lou Gehrig’s disease. He died last September. (See 10 times bigger than lifeLA Times.)
     Now, why would Jones Day attorneys volunteer to defend a bastard like Mike Carona? What’s that all about?
     What a strange world. There are smart people, I guess, who, as late as 2010, still believed in Mike freakin' Carona. Maybe they still do.
     Damn!

Special board meeting Tuesday

    The district would have us believe that the prayer case, Westphal v. Wagner, is over and done with. How come then the special meeting re W v. W scheduled for tomorrow?
    Here's the notice:

Click on graphic to enlarge

• College receives accredation [sic] warning (Lariat)

Nancy's spin: Americans United responds

     Over the weekend, Queen Nancy (aka SOCCCD board president Nancy Padberg) put out a highly-questionable press release concerning recent developments in Westphal v. Wagner. I responded by noting that the press release exhibited very significant "spin" (see Premature pronouncement).
     It appears that Queen Nancy even contacted the Lariat, hoping that they would promote the fiction that the district has won the case. In any case, I’ve been contacted by Lariat reporters for a story about recent developments. I've urged them to wait until after the Feb. 17 settlement conference.
     AMERICANS UNITED RESPONDS. Today, the Legal Director of Americans United for Separation of Church and State (plaintiffs' legal representation) has sent the following to the Lariat:
     The court's decision was far more balanced than the District's press release suggested. The court ruled that The Trustees have twice violated the Constitution by making religiously hostile presentations, and the court ordered them not to engage in any such behavior in the future. So the District actually LOST a significant portion of the case.
     And the plaintiffs are going to appeal the balance of the case to the United States Court of Appeals, where they have a very strong chance of success. So while the District has already spent over a million dollars on a high-priced law firm, its financial hemorrhage will only continue on appeal. And if the plaintiffs ultimately prevail, the District will have to pay the PLAINTIFFS' attorneys' fees as well. So the District could well be out several million dollars when the case is over.
     Public colleges are places of learning, not worship – which is why none of the other 100+ community colleges in California includes prayer at their events. Students and faculty represent the full diversity of this great Nation – Christians, Muslims, and Jews, as well as Buddhists, Agnostics, and Atheists among them. Replacing the prayers with a moment-of-silence would avoid imposing the wishes of the majority on the minority, while still allowing those who wish to pray to do so in whatever way they hold sacred. And it would have the added benefit of allowing the District to focus its resources on teaching, not preaching.
     Readers would do well to remember that the plaintiffs in this case for years asked trustees to moderate their prayer behavior, but, as usual, the board behaved arrogantly and irresponsibly, actually upping the ante by showing “Jesus” videos and imposing pro-religious rants upon the public in scholarship ceremonies. It was only after that behavior that plaintiffs finally pursued litigation.
     And contrary to statements by at least some defendants (e.g., Don Wagner), plaintiffs are not “atheists” whose actions reflect hostility toward religion. Rather, plaintiffs comprise a group of faculty, students, and members of the community who embrace the notion, expressed in the 1st Amendment of the Constitution, that government should not act to establish religion. (In truth, plaintiffs include theists as well as agnostics and atheists.)


COMPARE AND CONTRAST:
     You might want to compare my January 31 post ("The latest on the prayer case") about recent court developments with the district's curious recent press release (see below). Just who's doing the spinning here?

The district's cherry-picked Feb. 4 announcement:

     The plaintiffs previously moved the District Court for a preliminary injunction over such speech. The Court denied that motion. The District then filed a motion for summary judgment, based upon uncontroverted evidence, to dismiss the case as a matter of law. On January 28, 2011, the District Court granted the District’s motion on plaintiffs’ challenge to the constitutionality of the invocations, and found that such speech, in this context, does not violate the First Amendment to the United States Constitution.

DtB's Jan. 31 post:

     Today, Judge Klausner issued a substantive ruling according to which (1) the Board’s generic invocations have a permissible purpose and effect; (2) we plaintiffs are entitled to a declaratory judgment that Mathur’s Fall 2009 “Jesus” video and Wagner’s 2008 scholarship ceremony rant were unconstitutional; (3) the Defendants will be ordered to comply with their policy regarding invocations (i.e., they can’t be sectarian, hostile, etc.).
     Next come proposed judgments (by plaintiffs and defendants) and a settlement conference (with another judge).

Berardino to County: John Williams is the problem

Union head slams county’s public guardian rescue plan (OC Reg; Watchdog)

     A plan by the county’s CEO to hire a new executive manager to step in and overhaul the culture and the personnel at the beleaguered Public Administrator/Public Guardian was blasted by the county’s employee union boss as insufficient and wasteful of taxpayer dollars.
     Oversight and new management are needed to immediately make personnel and policy changes as a result of issues raised repeatedly by the Orange County grand jury and the county’s own investigation into how the agency does business, county Chief Executive Officer Tom Mauk says.
     But Public Administrator/Public Guardian John S. Williams is already being paid $153,206.40 a year to head the office – and Williams, who is elected public administrator and appointed public guardian, has been repeatedly warned he needs to make significant changes to his agency.
The problem
     “The last thing the county needs is another executive with an extravagant salary and obscene perks,” said Nick Berardino, general manager of the Orange County Employees Association. “Adding another executive is not going to solve the problem.”
     The problem, Berardino said, is Williams himself. Adding another layer of bureaucracy isn’t going to fix that, he said.
     Williams’ private attorney Phil Greer, declined to comment….

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

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