Wednesday, December 16, 2020

New API fellows

Alabama Policy Institute has announced that former former State Senator Bill Hightower, Bishop Jim Lowe, and former State Senator Bryan Taylor have become fellows of the Institute.

I look forward to reading the pieces these new fellows of the Institute put forth on about subjects that they consider of importance in furtherance of the Institute's non-profit, non-partisan mission as an educational and research organization committed to free markets, limited government, and strong families.

Friday, December 11, 2020

Denouncing ALGOP in Congress

Reps. Byrne, Brooks, Palmer & Aderholt have signed an amicus brief supporting  the Trump backed lawsuit that has been filed in U.S. Supreme Court seeking to overturn election.

On Twitter, I denounced, and I will solicit other Alabamians to denounce, Reps. Byrne, Brooks, Palmer & Aderholt for signing the amicus brief.

I request Gov. Ivey to denounce Reps. Byrne, Brooks, Palmer & Aderholt for signing the amicus brief. I solicit from her staff to have an opportunity to speak to a staff member of Gov. Ivey about why I have denounced Reps. Byrne, Brooks, Palmer & Aderholt, and why Gov. Ivey should denounce them.

It is appropriate for me to provide a written explanation of why Gov. Ivey should denounce Reps. Byrne, Brooks, Palmer & Aderholt.

I will do that here.

[to be completed]

Pending composing my explanation of why Gov. Ivey should denounce Reps. Byrne, Brooks, Palmer & Aderholt (and Rogers, who was added to list of brief signatories), I append here an email from Dr. Mark Elovitz, a friend of mine in Alabama, who has the professional credentials set out at the end of the below email.

From: Mark Elovitz
To: MARK CAR
Sent: Fri, Dec 11, 2020 8:06 am
Subject: Lemmings, Legal Madness & Seditious Abuse
Question: What do you get when you cross a herd of sheep with a herd of lemmings?
Answer: A herd of 106 Congresspersons compulsively rushing over the cliffs of legal madness while wittingly plunging themselves into the abyss of featherbrained incompetence, wretched ineptitude and contumacious insolence.
> If the foregoing sounds harsh, it is. If the foregoing seems partisan, it is. If the foregoing appears unlikely, unbelievable and unfathomable, it is not. In fact, that herd of Republican Congresspersons impertinently, fractiously and pigheadedly signed the President’s notoriously moot and mercilessly meritless Petition urging the Supreme Court to invalidate millions of votes cast for President-Elect Joe Biden.
> Now then, let’s be crystal clear. Mr. Trump has the absolute right to file a legally sound Petition/Brief. Members of Congress have an unquestionable right to lend their names, their respect, their prestige and their honor to the President’s Petition. However, it must needs be unequivocally stated and resolutely asserted that having the right to act does not convey even a semblance of legitimacy, a scintilla of authenticity or a shred of viability to the substance of that Presidential Petition (i.e. Trump’s currently pending Supporting Brief in behalf of the underlying Petition filed by the Texas Attorney General and supported by 17 other Attorneys General ).
> Perhaps most critically, the President’s Supporting Brief combined with the underlying Petition constitute what has been aptly characterized as “seditious abuse of the judicial process.” And, that is the egregious rub. Here’s why.
> Rule 11(b) of The Federal Rules Of Procedure (the rules that apply to pleadings filed in Federal Courts (The Supreme Court and all lower Federal Appellate and District Courts) requires that pleadings (petitions, motions, etc) must be supported by sound grounds. Absent legal jabberwalk, that rule requires that there must be real facts and/or bona fide legal argument based on existing law that underlie the grounds for which the requested relief is asserted.
> Then, also seriously consider that speculation, hypothesis, conjecture, supposition, bald-faced allegations and debunked conspiracy theories do not qualify as “sound grounds.” In fact, when the Court determines that the pleadings have been knowingly or wittingly filed without the requisite sound grounds, then the Court may impose such sanctions as it deems proper upon the offending counsel.
> Considering the abysmal
> absence of substantive facts (evidentiary support or existing law) undergirding Mr. Trump’s current Brief & the underlying Petition to the Supreme Court, the American public might well be prepared for a scathing dismissal of Mr. Trump’s Brief and the underlying petition it supports. Indeed, no court (neither the Supreme Court nor even the most unheralded, most undistinguished or lowliest court in the land) could or should entertain any filing not predicated upon sound grounds.
> Therefore and upon information and belief, the Supreme Court is likely (but certainly not guaranteed) to dismiss the cited pleadings with appropriate derision if not also with sanctions. In so doing, the Supreme Court would be brusquely asserting that American democracy and our legal system will not be cowed by fatuous litigation nor will they be subverted by Presidential authoritarianism, by specious Congressional partisanship or by the vapid protestations of jaundiced, jaded and injudicious legal counsel.
> Premises considered, one is reminded that it was none other than President Lincoln who wittingly urged: “Never stir up litigation. A worse man can scarcely be found than one who does this!”
> Enough said?
>>> M.H. Elovitz, Ph.D., J.D.*
>>> Director
>>> Centre For Strategic Geopolitics

*Dr. Mark Elovitz currently is the Director of the Centre for Strategic Geopolitics, a world affairs think tank. Dr. Elovitz has been a professor of law, a litigator, a U.S. Air Force Officer, a T.V. World Affairs Anchor and Commentator, and was a consultant to the Federal Government on public policy in Washington during the Carter and Reagan Administrations. He has also authored hundreds of articles, essays and other publications on topics ranging from legal liability, enhanced healthcare delivery, religion, and biomedical ethics to public policy, foreign affairs and geopolitics. Dr. Elovitz has been a participant in the U.S. Naval War College's Current Strategy Forum and has testified before the U.S. Congress' Committee On Foreign Affairs. Dr. Elovitz currently consults and frequently lectures on world affairs and geopolitical issues. Singapore's Presitge Lifestyle Magazine 2012 calls Dr. Elovitz a "seminal visionary. https://stratgeopol.blogspot.com/

Also, I post Alabama's Joe Scarborough's brutally stinging denunciation this morning of the106+ GOP in Congress who signed brief to have SCOTUS overturn election.

And I've requested Governor Ivey to denounce Reps. Byrne, Brooks, Palmer & Aderholt

Then there is Jerry Carl, newly elected representative to Congress from the Alabama 1st Congressional district. 

Senator-elect Tommy Tuberville could be so stupid as to do Trump's bidding on January 6th.