Archive for Obama

Real Tort Reform

Posted in Uncategorized with tags , , , , on December 6, 2009 by judsonwheelerphillips

REAL TORT REFORM

As the debate over health care “reform” has been raging, one of the flash points for both parties has been over malpractice tort reform.

When doctors are spending over half a million dollars a year just for their insurance premiums, something is really wrong. You cannot watch daytime TV without seeing ads for personal injury attorneys, trolling for new clients.

The primary reform offered is to cap pain and suffering judgments. The most common figure is $250,000. The theory is that plaintiff’s lawyers take a cut of the recovery and the biggest part of the recovery is the award for pain and suffering, if that figure is limited, the lawyers will start looking elsewhere and there will be fewer lawsuits.

I do not like that. First, I think it is the right of the jury to decide that. A jury can punish a bad doctor with a large verdict. Arbitrary government caps interfere with the free market. Finally, what is your pain and suffering worth? If a doctor screws up and leaves me in pain for the rest of my life, I can guarantee you, my pain and suffering is worth a whole lot more than $250,000.

So what is the solution?

In litigation, there are three types of burdens of proof. The first is proof beyond a reasonable doubt. This is the burden of proof in criminal cases. In civil cases, the burden of proof is a preponderance of the evidence. All that means is, that is it more likely than not, something happened. Basically, you flip a coin.

There is a third burden of proof, called clear and convincing evidence. It is only used in a few types of hearings, but if we want real tort reform, then all we need to do is to raise the burden of proof in medical tort cases from a preponderance of the evidence to clear and convincing evidence. This would eliminate many really weak lawsuits, yet would allow juries to compensate someone who has been badly injured by true negligence.

This is a tort reform that would cost absolutely nothing.

This is simple and would be effective. Which is probably why you do not hear a word about it coming from Washington.

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Folly in Monroe County

Posted in Uncategorized with tags , , , , , on December 6, 2009 by judsonwheelerphillips

Folly in Monroe County

Last week, parts of the Internet were abuzz. A county grand jury in Tennessee was going to consider treason charges against Barack Obama. Many friends of mine repeated this on Facebook. I tried to politely tell them this one was a crock, but unfortunately, the story continued to grow. I emailed a friend who had been repeating the story and asked him what he expected out of this. He said he hoped the grand jury would return a “True Bill” and then the courts would be required to subpoena Obama’s actual birth certificate from Hawaii.

Walter Fitzpatrick decided he wanted to present this evidence to the county grand jury in Monroe County, Tennessee. Monroe County is a small Tennessee county, in the southeastern corner of the state, bordering on North Carolina. I do not know if Fitzpatrick lives there or if that was just a target of opportunity. Either way, it was a waste of time and he made a fool of himself and the movement he seeks to advance.

A grand jury in Tennessee is required to investigate and inquire about criminal violations that occur within a specific county. Under Tennessee law, an indictment can only be returned for violations of the Tennessee Code Annotated. Treason is not a violation of the Tennessee Code Annotated.

On December 1, 2009, Fitzpatrick, apparently ignorant of the purposes of a grand jury in Tennessee, went to present his matter to them. He became very upset when he was told he would only be allowed to present the matter to three members of the grand jury.

In Tennessee, cases are generally presented to the grand jury that originate from a law enforcement agency. Those go, with the assistance of the District Attorney’s office, which acts as legal advisor to the grand jury, directly to all thirteen members. Citizens who wish to make complaints to the grand jury may do so. Typically, when a citizen petitions to present a matter to a county grand jury, they will first be asked to present their matter to the foreman of the grand jury and two other members of the grand jury. Jurors serving on the grand jury are citizens doing their jury duty just like anyone else and this is a procedure that exists to save time and minimize inconvenience to the citizens serving.

WVLT TV out of Knoxville aired video of the event. Fitzpatrick is seen on the video becoming very agitated and being told by someone, presumably the foreman of the grand jury, to calm down. Eventually, he went in and presented his “evidence” to the three-member panel.

I really wish Fitzpatrick and his supporters had thought about what they were doing or had even bothered to get some legal advice before proceeding.

A Tennessee county grand jury cannot return a treason indictment against Obama. If for some strange reason it did, the District Attorney would immediately dismiss it as an invalid indictment, as a Tennessee county grand jury cannot indict someone for something that is not a crime under the Tennessee Code Annotated. And if for some reason the DA refused to dismiss the case, a court would do so immediately before requiring service of subpoenas. As much as I dislike Obama, I would agree with the grand jury, the DA, or the Court.

For anyone who thinks I am the one who does not know what he is talking about, you should know that I have practice law in Tennessee for almost 22 years. I spent ten years as a prosecutor and have worked with and presented to county grand juries.

At the end of the day, all that happened in Monroe County is that the grand jury had its time wasted and Fitzpatrick accomplished nothing. While I do not care what liberals think and there is nothing we can do that will make them approve of us, there is a middle ground an America that we need in order to get a majority and take this county back. This kind of foolishness will not help us win.

Using “Justice” to destroy America

Posted in Uncategorized with tags , , , , , , on November 23, 2009 by judsonwheelerphillips

Using “Justice” to destroy America

A few days ago, the alleged Attorney General, Eric Holder, announced that Kalid Sheik Mohammad and other 9/11 conspirators would be tried before a civilian court in New York. Most Americans were outraged by this. I was more than outraged and appalled. I understood this more than most Americans. You see, I am a criminal defense lawyer.

If someone wanted to truly gut our intelligence agencies and our anti terrorist efforts, there could be no better way than by putting these terrorists on trial in a Federal court, giving them all of the rights an American citizen would have. Let me spell some of this out for you.

In a criminal case, first there is the right to discovery. That means the prosecution has to turn over EVERTYTHING it intends to use against the defendant. This includes lists of witnesses so they can be interviewed and investigated. Tangible evidence. Tapes. Reports that have statements the defendant made. It covers a lot. Much of this information is classified. The courts have a system for dealing with classified information in a trial. The Classified Information Procedures Act does set parameters to try and keep classified information secret. But that assumes that all parties are willing to abide by the rules. As we saw in the case of radical lawyer Lynn Stewart, some of these radical lawyers, who support these terrorists, are quite happy to violate the rules and share information they are not supposed to release.

Does anyone remember the case of Johnny Walker Lindh? Do you know why he only got 20 years? The Bush administration agreed to a plea bargain to keep classified information from being released in a public trial. Lindh was an American citizen and his lawyers were going to put the Bush administration on trial. Now, instead of having an administration that wants to protect this country and keep our antiterrorism strategies secret, we have an administration bound and determined to destroy our ability to defend ourselves. This trial will be a gold mine for Islamic terrorists. They will know how we operate, what we are doing and where our weaknesses are.

Since a defendant has a constitutional to subpoena witnesses or items that maybe material to their defense, the list of subpoenas will be monumental. Even if the items are not presented at the trial, the defense will be allowed a fishing expedition into all kinds of classified operations.

In addition, the defendant is entitled to “exculpatory” evidence. This means more fishing expeditions. The personnel files of CIA operatives will be fair game. If you are a CIA operative, how well are you sleeping, knowing the government will turn over your personnel file to a radical lawyer, who will share it with his terrorist client?

This begs the whole question of whether these clowns can even get a conviction. In 1962, the United States Supreme Court, in a case called Mapp v. Ohio, established something called the exclusionary rule. Evidence gathered in violation of someone’s constitutional rights could be excluded at trial. Extreme and outrageous government conduct can even be a basis for dismissal of the charges. Can you imagine how much of the government’s case is even going to make it to trial with a liberal judge? And what happens if a liberal Federal Judge dismisses the case against Kalid Sheik Mohammad? Are we now going to release him?

Obama, Holder and the hard left have one further agenda item here. They want to put America and the Bush administration on trial. By allowing these cases to be heard in a civilian court, that will be what happens. Ultimately, these lunatics want to see George Bush, Dick Cheney and others hauled before the International Criminal Court in The Hague to be tried for crimes against humanity.

This whole nightmare goes back to the concept that elections matter. If there had been a good conservative nominated by the Republican Party, Obama would be a footnote in American history. Now, thanks to his election, there may not be much more American history to be written.
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The Arrogance of Obama

Posted in Uncategorized with tags , , , on June 7, 2009 by judsonwheelerphillips

The arrogance of Obama

Obama is finally coming home after his groveling tour among third world leaders. The only exception was at the beaches of Normandy, where he at least had the good graces not to say what he really thinks about the American military, then or now.

Obama flew home on Air Force One leaving his wife and children in Paris for an extra day of shopping. Apparently no one is raising any concerns about this.

Why is it a concern if they want to go shopping?

Perhaps they should consider this: Our country is hovering near 10% unemployment. If the Obamas want to do some shopping, how about shopping in this country. How about shopping and buying American made products? After all, some of the people who made those products actually voted for the teleprompter in chief.

But more importantly and never mentioned by the slobbering Obama-media, is the cost of this. When the first family is out and about, they have security costs. I do not complain about their security, because, no mater how much I dislike them, I do not want to see something happen to them. But, those costs are a lot higher when they are overseas than when they are here at home. Just as important, how are they going to get home? Some how, I do not see Michelle and the girls flying coach on a Delta transatlantic flight. My guess is Obama is either going to send the VC-25 (aka 747) back for them or a C-32 (Aka a 757). Either way, this extra day of shopping is going to cost the taxpayers hundreds of thousands of dollars, if not millions.

When Obama is not groveling in front of third world tyrants, his arrogance towards the American people is amazing. He stiffs us with debt that we may never be able to pay off and he celebrates by inviting cronies to the White House for Martinis and $100 a pound steak. He wants a cool photo of Air Force One so his office scares the daylights out of New York at a cost of at least half a million dollars. He wants a date with Michele, so what does he do? Rustles up an Air Force plane and takes it to New York at a cost of at least $250,000 and probably a whole lot more.

Obama’s attitude is typical of liberals. He seems to confuse the term public servant. It means he serves the public, not the public is his servant. We do not live and pay taxes just so he can gallivant around and have a good time. These are tough times for Americans. The teleprompter in chief should realize that and act accordingly.

Of course, in another 513 days we will give him an education on what the American people think of his arrogance.

My independence (from China) day

Posted in Uncategorized with tags , , , on June 4, 2009 by judsonwheelerphillips

My independence (from China) day.

One of the things that has really grated on me for the last couple of years is how hard it is to find products that are made in America. I deliberately look to see the place of manufacture. Most of the time, if it is made in China, I take a pass. That has not been a hard and fast rule.

Until now.

I am not sure what set me off. I think it was the announcement that Hummer was being sold to China. Hummer is a big, tough, rugged, all American vehicle. Like the jeep of half a century earlier, it got it’s inspiration from the vehicle used by the American military. Yet this American icon will now be owned by a Chinese company. For the last twenty years, we have been selling out our manufacturing base to China and financing an absurd level of spending on a Chinese credit card.

No more.

At least not on my part. If it is made in China, I am not buying it. This is going to be tough, since my kids’ toys are mostly made in China. We will just have to find something else.

With the Obama administration bound and determined to destroy the American economy, there are few things we can do until the 2010 election. One of the few things we can do is to help our neighbors by buying American and not Chinese.

If it is made in China, leave it on the shelf!

Tea Party 2.0

Posted in Uncategorized with tags , , , , , , on May 6, 2009 by judsonwheelerphillips

April 15, was a wonderful day. Over a million people participated in tea party rallies across the nation on that day. It was our shining moment.

Three weeks later, that now seems like a distant memory. The national leadership has splintered and shattered and the scene has been repeated at many local levels. Where there was once unity, there is now chaos. And while this happens, the Obama/Pelosi/Reid axis of fiscal evil continues to destroy the country.

I have been saying that we had until 2010 to stop the Obama/Pelosi/Reid axis of fiscal evil. I no longer believe that. I believe we have to evolve the tea party movement into a potent political force now to change votes in congress before the big votes come up shortly on cap and trade, national health care, massive tax hikes, etc. We have to draw a line in the sand and stand and fight, while we still can.

I propose we start what I am calling tea party 2.0: The tea party minutemen. We need to target at least ten senators and up to 50 or even more congressmen to try and change their votes. The congressmen and senators we chose are those who can be influenced. Rinos, blue dog democrats and democrats in predominantly republican states or districts, particularly the senators who are up for election in 2010.

Once we target these Senators and Congressmen, we need activists in the area who can help coordinate protests, using such resources as talk radio (while we still have it) the internet, and other sources to message people about events. We need to stage tea parties in front of the offices of these Senators and Congressmen. Trust me, if 500 to 1000 or more protestors show up in front of the office, the staffers will be calling Washington. When these Senators and Congressmen come home for events, we are there with hundreds of protestors. Most politicians are cowards. They are thinking about either their reelection or moving up the political food chain. We need to put the fear of the American people into them so that they will think long and hard before voting for the Obama/Pelosi/Reid agenda.

In Tennessee, we have two RINO senators to target. Of the 9 members of the Tennessee congressional delegation, the 4 Republicans are more or less solid. 2 of the democrats are hopeless cases (Cooper and Cohen). But there are three congressmen in TN who I think are vulnerable. These three are from districts that either have been Republican or are trending Republican/Conservative.

We need to assemble members of our movement who are willing and able to come, sometimes on short notice to these offices to put pressure on these elected officials to stop the Obama/Pelosi/Reid agenda while we still can.

I have been asked, what do we need to do next? Here is the plan.

We need volunteers to help in particular states. We need to target Senators and congressmen who may be vulnerable and might buckle under some pressure.

As soon as we identify these senators and congressmen, we need to get people to start hitting them with faxes, emails, letters and calls. We need to start flexing our political muscles now!

There are several important bills coming up soon. The “hate crimes” bill, the silence talk radio bill, Cap and Trade, National health care, to name a few. There are more out there.

If you are interested in working in your State or Congressional delegation, please email me through this blog or come to TeaPartyNation.com.

Finally, while I claim credit for this idea, I do not own this idea, just as no one owns this movement. We need to act and we need to act now. That means it doesn’t matter which “group” you are affiliated with. Be it NTPLC, TPN, TPP, 9/12 or any other group, we need people to get involved now. If you have friends you know that might be interested, share this blog with them. Ask them to email me. I’m not trying to be the leader here, only the organizer. And if anyone wants to help with that, please email me at the blog or get on Teapartynation.com.

The Obama/Pelosi/Reid axis of fiscal evil has not stopped, even though we have had a bad couple of weeks. We need unity NOW! We don’t have to all belong to the same group or even like each other. We do have to work together.

President Pantywaist

Posted in Uncategorized with tags , , , on April 10, 2009 by judsonwheelerphillips

President Pantywaist strikes again.

We all know what has happened. Obama went to Europe on the “we surrender” tour. As he left Washington from his latest round of epic failure, a North Korean sat on a launching pad. To no one’s surprise, despite the warnings from the Obama messiah, Kim Jong Il lit the fuse and sent his little missile flying into the Pacific Ocean.

At the time of the launch, the US Navy had two Aegis equipped, Arleigh Burke class Destroyers in the area. They were both capable of shooting down that missile. It is obvious that the President had order the Navy, before the launch, not to intercept the missile.

In response to the missile launch and our non-action, President Pantywaist when to the United Nations Security council and got…absolutely nothing. So to truly impress the mentally ill midget who runs North Korea, he announced a 1.4 billion dollar cut in our missile defense budget.

Between bowing to Islam’s equivalent of the Pope and not bowing to the Pope, Obama tried once again to destroy our security. We have three missile defense sites. They have a dozen launchers each. One is near Washington, one is in Alaska and one will be in Poland, unless Obama can manage to give that away, which he seems bound and determined to do.

Russia has hundreds of missiles. So does China. Missile defense will not stop them. Our nuclear deterrent will. What missile defense will do is stop a missile from a rogue nation, like, say, North Korea.

During Obama’s magical mystery tour of the G20 in Europe, the British media was merciless to him. One called Obama a “surrender monkey.” Had that been the American media, there would have been hell to pay. Unfortunately, the truth hurts.