Tuesday, June 4, 2024

Supercharging the "rule of law" debate in Alabama

[For relevant previous blog entries, go to Be An Alabama Rootstriker* with Rob Shattuck: Interim Alabama report to ABA Task Force for American Democracy (al6thcongdist-ihaveuntiljan13.blogspot.com)]

Email to Alabama law profession
From: Rob Shattuck <rdshatt@aol.com>
To: Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; Jennifer Buettner <jbuettner@birminghambar.org>; mckinney@watsonmckinney.com <mckinney@watsonmckinney.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; flatta@burr.com <flatta@burr.com>; wbrewbak@law.ua.edu <wbrewbak@law.ua.edu>; sgarrett@bsol.com <sgarrett@bsol.com>; ccampbell@faulkner.edu <ccampbell@faulkner.edu>; blakehudson@samford.edu <blakehudson@samford.edu>; christy.crow@jinkscrow.com <christy.crow@jinkscrow.com>; ajoseph@maynardnexsen.com <ajoseph@maynardnexsen.com>; richard.raleigh@wbd-us.com <richard.raleigh@wbd-us.com>; daoffice@baldwincountyal.gov <daoffice@baldwincountyal.gov>; baldwinDA@baldwincountyal.gov <baldwinda@baldwincountyal.gov>; "baldwinda@baldwincountyal.gov" <baldwinda@baldwincountyal.gov>
Sent: Tuesday, June 4, 2024 at 06:31:22 PM CDT
Subject: Supercharging the "rule of law" debate in Alabama
Be An Alabama Rootstriker* with Rob Shattuck: Supercharging the "rule of law" debate in Alabama (al6thcongdist-ihaveuntiljan13.blogspot.com)

Email interschange with Supreme Court Justice Will Sellers
From: Rob Shattuck <rdshatt@aol.com>
To: jws <jws@willsellers.com>
Cc: Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; Jennifer Buettner <jbuettner@birminghambar.org>; mckinney@watsonmckinney.com <mckinney@watsonmckinney.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; flatta@burr.com <flatta@burr.com>; wbrewbak@law.ua.edu <wbrewbak@law.ua.edu>; sgarrett@bsol.com <sgarrett@bsol.com>; ccampbell@faulkner.edu <ccampbell@faulkner.edu>; blakehudson@samford.edu <blakehudson@samford.edu>; christy.crow@jinkscrow.com <christy.crow@jinkscrow.com>; ajoseph@maynardnexsen.com <ajoseph@maynardnexsen.com>; richard.raleigh@wbd-us.com <richard.raleigh@wbd-us.com>; daoffice@baldwincountyal.gov <daoffice@baldwincountyal.gov>; baldwinDA@baldwincountyal.gov <baldwinda@baldwincountyal.gov>; bob@schreiberadr.com <bob@schreiberadr.com>; jvance@law.ua.edu <jvance@law.ua.edu>
Sent: Thursday, June 6, 2024 at 06:16:08 PM CDT
Subject: Re: The Magna Carta’s Constitutional Tradition
Dear Supreme Court Justice Sellers:
Thank you for replying to me.
If I may, I will avail of your declining to speak about the "rule of law" and the "weaponization of the justice system" debate that is engulfing the United States, in order to do some speaking of my own.
In the justice system and its "rule of law", judges and prosecutors have much discretion that they are supposed to exercise in "unbiased" ways and not to serve partisan political purposes. Judges and prosecutors frequently do internal wrestling with themselves in trying to exercise their discretion properly.
It is easy for outsiders to charge that judges and prosecutors have exercised their discretions improperly, but it is difficult to be able to "prove" improper partisan political purposes.
In the Trump cases, Trump and the Republicans are charging that the January 6th case, the documents case, the Georgia election interference case, and the New York hush money case, have all been brought by prosecutors for improper partisan political purposes and that the cases are not defensible applications of the rule of law to Trump.
The happenstance that the New York hush money case has been tried first and that the result was Trump convictions is causing all-out political war to erupt and an all-out attack by Trump and Republicans on the justice system.
Since you decline to speak, I don't know what your views are on whether this all-out attack on the justice system by Trump and the Republicans threatens destruction of the justice system and the rule of law. The matter is being momentously played out in this 2024 election year.
It should be kept in mind that the all-out attack of Trump and the Republicans on the justice system is in the context of Trump's absolute immunity claim before the United States Supreme Court, and Trump's chief argument for absolute immunity being that the justice system is so defective in subjecting the President to the rule of law that, as a result, the President must have absolute immunity.
In my view, the Alabama law profession's unwillingness to engage in discussion about this lends support to Trump's claim that the justice system is so defective that it cannot be relied on to properly and fairly apply a rule of law to Presidential actions and, as a result, the President must have absolute immunity.
That is a very drastic consequence of the silence of the Alabama law profession.
I will keep up my badgering about this in such ways and such quarters in Alabama and outside of Alabama as I am able to arouse myself to do.
Again, thank you for replying to me.
Sincerely,
Rob Shattuck______
On Wednesday, June 5, 2024 at 06:34:16 PM CDT, jws <jws@willsellers.com> wrote:
In short, no._________
On 06/05/2024 7:04 PM EDT Rob Shattuck <rdshatt@aol.com> wrote:
Dear Supreme Court Justice Sellers:
Today Alabama Daily News published your commentary Will Sellers: The Magna Carta’s Constitutional Tradition - Alabama Daily News (aldailynews.com).
Is there any chance you can speak to the debate over the "rule of law" and the "weaponization of the justice system" that is engulfing the United States? Be An Alabama Rootstriker* with Rob Shattuck: Weaponization of justice system (al6thcongdist-ihaveuntiljan13.blogspot.com); Be An Alabama Rootstriker* with Rob Shattuck: Interim Alabama report to ABA Task Force for American Democracy (al6thcongdist-ihaveuntiljan13.blogspot.com); Be An Alabama Rootstriker* with Rob Shattuck: Supercharging the "rule of law" debate in Alabama (al6thcongdist-ihaveuntiljan13.blogspot.com).
Thank you.
Sincerely,
Rob Shattuck
Mountain Brook

Email to Alabama law profession: N.B. Stephen Miller and Steve Bannon
From: Rob Shattuck <rdshatt@aol.com>
To: Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; Jennifer Buettner <jbuettner@birminghambar.org>; mckinney@watsonmckinney.com <mckinney@watsonmckinney.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; flatta@burr.com <flatta@burr.com>; wbrewbak@law.ua.edu <wbrewbak@law.ua.edu>; sgarrett@bsol.com <sgarrett@bsol.com>; ccampbell@faulkner.edu <ccampbell@faulkner.edu>; blakehudson@samford.edu <blakehudson@samford.edu>; christy.crow@jinkscrow.com <christy.crow@jinkscrow.com>; ajoseph@maynardnexsen.com <ajoseph@maynardnexsen.com>; richard.raleigh@wbd-us.com <richard.raleigh@wbd-us.com>; daoffice@baldwincountyal.gov <daoffice@baldwincountyal.gov>; baldwinDA@baldwincountyal.gov <baldwinda@baldwincountyal.gov>; "baldwinda@baldwincountyal.gov" <baldwinda@baldwincountyal.gov>; bob@schreiberadr.com <bob@schreiberadr.com>; jvance@law.ua.edu <jvance@law.ua.edu>
Cc: jws@willsellers.com <jws@willsellers.com>
Sent: Friday, June 7, 2024 at 05:04:43 PM CDT
Subject: To Alabama law profession: N.B. Stephen Miller and Steve Bannon
In my email yesterday to Supreme Court Justice Will Sellers, on which you were copied, I said, "In the justice system and its 'rule of law"' judges and prosecutors have much discretion that they are supposed to exercise in 'unbiased' ways and not to serve partisan political purposes."
It is becoming clear that Trump wants judges and prosecutors to start exercising their discretion in 'biased" ways and to serve his personal and partisan political purposes.
This past week Trump's minion Stephen Miller urged Republicans to get “off the sidelines” and target Democrats, publicly putting to the Republicans the question: "Is every Republican DA starting every investigation they need to right now?" 'Get In The Game': Stephen Miller Urges GOP To Use 'Power' On Democrats In Bonkers Rant (msn.com)
And Trump's minion Steve Bannon puts it as, “There are dozens of ambitious backbencher state attorneys general and district attorneys who need to ‘seize the day’ and own this moment in history.” The G.O.P. Push for Post-Verdict Payback: ‘Fight Fire With Fire’ - The New York Times (nytimes.com).
So, Alabama law profession, be silent as you choose, and then prepare for the reaping of a whirlwind.

Email updating what Sec. Allen is and is not doing re election integrity concerns
From: Rob Shattuck <rdshatt@aol.com>
To: Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; mckinney@watsonmckinney.com <mckinney@watsonmckinney.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; flatta@burr.com <flatta@burr.com>; jwilson@birminghambar.org <jwilson@birminghambar.org>
Sent: Wednesday, June 19, 2024 at 06:15:12 PM CDT
Subject: Updating what Sec. Allen is and is not doing re election integrity concerns
In Be An Alabama Rootstriker* with Rob Shattuck: So, here we Alabamians are in the 2024 elections (al6thcongdist-ihaveuntiljan13.blogspot.com), I charge that Secretary of State Allen has failed to do things he should have done to help allay huge concerns about election integrity that have been caused by four years of Trump charging that the 2020 elections were rigged and tens of millions of Americans believing Trump, and that, instead, Secretary Allen has covered himself by doing insignificant things in the name of improving election integrity, which things will not bother Trump.
I have previously informed you, as representatives of the Alabama law profession, about the foregoing, in the course of my efforts to get the profession to participate in a public airing of the election integrity issue. You have declined to participate.
Your declining to participate contributes to Secretary Allen being able to go unchallenged in how he addresses election integrity concerns.
The article Sec. of State Allen: Biden trying to win election ‘by attempting to legitimize illegal immigrants’ (1819news.com) reports on Secretary Allen's latest addressing of election integrity concerns.
It is not too late for the Alabama law profession to participate in a public airing in Alabama of the election integrity issue.
Thank you.
Rob Shattuck
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