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	<title>Tim Trott's Blog &#187; Uncategorized</title>
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	<pubDate>Wed, 01 Sep 2010 00:28:46 +0000</pubDate>
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		<title>Let the Indictments Begin</title>
		<link>http://blog.ttrottlaw.com/?p=146</link>
		<comments>http://blog.ttrottlaw.com/?p=146#comments</comments>
		<pubDate>Wed, 01 Sep 2010 00:28:46 +0000</pubDate>
		<dc:creator>Tim Trott</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.ttrottlaw.com/?p=146</guid>
		<description><![CDATA[President Obama has just concluded his speech on the end of combat operations in Iraq. As we now turn to the joy of the welcoming home our service men and women, let us not forget those who brought us into this illegal war.
Others have made the case more eloquently than I. The Bush, Cheney, Rumsfeld [...]]]></description>
			<content:encoded><![CDATA[<p>President Obama has just concluded his speech on the end of combat operations in Iraq. As we now turn to the joy of the welcoming home our service men and women, let us not forget those who brought us into this illegal war.</p>
<p>Others have made the case more eloquently than I. The Bush, Cheney, Rumsfeld cabal sold this war to the American people with lies and fear. It has cost, to date, some $748 BILLION dollars, 4500 American lives and the deaths of countless innocent Iraqis.  As a lawyer, I always hear that we are a nation of laws. Then now let those laws be enforced. Let those who avoided service when it was their turn now be accountable to the American people for this tragic farce.</p>
<p>Attorney General Holder: Go to work.</p>
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		<title>Religion and Public Office</title>
		<link>http://blog.ttrottlaw.com/?p=142</link>
		<comments>http://blog.ttrottlaw.com/?p=142#comments</comments>
		<pubDate>Sun, 22 Aug 2010 22:32:45 +0000</pubDate>
		<dc:creator>Tim Trott</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.ttrottlaw.com/?p=142</guid>
		<description><![CDATA[There has been much ado, lately,  about Muslims and political office. Much of this pointless controversy is being fed by the supposedly strict constructionist radical right who believe the nation should be free and safe for all&#8230;as long as they are White Anglo-Saxon Protestants.
Now I admit to being something of a Constitutional nerd. I hand [...]]]></description>
			<content:encoded><![CDATA[<p>There has been much ado, lately,  about Muslims and political office. Much of this pointless controversy is being fed by the supposedly strict constructionist radical right who believe the nation should be free and safe for all&#8230;as long as they are White Anglo-Saxon Protestants.</p>
<p>Now I admit to being something of a Constitutional nerd. I hand copies to each new class I teach and tell them how vitally important it is that they get acquainted with it. Well, in getting ready for the forthcoming semester, I am reminded of Article VI, Clause 3, which reads in relevant part:</p>
<p><strong>&#8220;&#8230;no religious Test shall ever be required as a Qualification to any Office or Public Trust under the United States.&#8221;</strong></p>
<p>Tricky document that Constitution.</p>
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		<title>The Unbearable Bumbling of Prosecutors</title>
		<link>http://blog.ttrottlaw.com/?p=140</link>
		<comments>http://blog.ttrottlaw.com/?p=140#comments</comments>
		<pubDate>Wed, 18 Aug 2010 00:01:16 +0000</pubDate>
		<dc:creator>Tim Trott</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.ttrottlaw.com/?p=140</guid>
		<description><![CDATA[So the feds charged Blago with 24 counts of criminal violations. They got a hung jury on 23 counts, and a conviction on one. What does all this mean?
In a criminal case, a jury must render a unanimous verdict for either acquittal or conviction. When a jury cannot reach a unanimous verdict, the result is [...]]]></description>
			<content:encoded><![CDATA[<p>So the feds charged Blago with 24 counts of criminal violations. They got a hung jury on 23 counts, and a conviction on one. What does all this mean?</p>
<p>In a criminal case, a jury must render a unanimous verdict for either acquittal or conviction. When a jury cannot reach a unanimous verdict, the result is a hung jury, or in legal lingo, a <em>mistrial</em>.</p>
<p>When there is a mistrial, the law allows the prosecutors a do-over. That means the bumblers in the U.S Attorney&#8217;s office get to spend our money to try the case all over again. And no, the doctrine of double jeopardy does not apply to mistrials. Almost as soon as the result was announced, the lead prosecutor, a hot shot named Patrick Fitzgerald, said how he was going to retry Blago.</p>
<p>Prosecutorial behavior often amazes me. Because they are armed with our money, every time they have an axe to grind they can just try, try and try again. I&#8217;m no fan of Blago, a bungling clown in his own right, but I question the motives of a prosecutor who could only get a guilty verdict on 1 of 24 counts. If he wants to pout because his slam dunk case just bounced off the rim, let him do it&#8230;but on his own dime.</p>
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		<title>Who Brings a Gun to a Snowball Fight?</title>
		<link>http://blog.ttrottlaw.com/?p=138</link>
		<comments>http://blog.ttrottlaw.com/?p=138#comments</comments>
		<pubDate>Tue, 22 Dec 2009 01:50:14 +0000</pubDate>
		<dc:creator>Tim Trott</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.ttrottlaw.com/?p=138</guid>
		<description><![CDATA[So there was delightfully friendly snowball fight in DC. Why not? Here we are in the midst of the Holiday Season. It snows. It&#8217;s the natural thing to do. A snowball hits a red Hummer. A man gets out brandishing a gun. That&#8217;s right. A gun. It turns out this fellow is a DC detective.  [...]]]></description>
			<content:encoded><![CDATA[<p>So there was delightfully friendly snowball fight in DC. Why not? Here we are in the midst of the Holiday Season. It snows. It&#8217;s the natural thing to do. A snowball hits a red Hummer. A man gets out brandishing a gun. That&#8217;s right. A gun. It turns out this fellow is a DC detective.  See the video at:</p>
<p><a href="http://www.youtube.com/watch?v=sFC8mNdxV0c">www.youtube.com/watch?v=sFC8mNdxV0c</a></p>
<p>Of course other cops showed up. Then they realized it was one of their own who pulled the gun. He got away. With a police escort.</p>
<p>Shame.</p>
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		<title>The Audacity of Nope</title>
		<link>http://blog.ttrottlaw.com/?p=136</link>
		<comments>http://blog.ttrottlaw.com/?p=136#comments</comments>
		<pubDate>Fri, 11 Dec 2009 21:32:06 +0000</pubDate>
		<dc:creator>Tim Trott</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.ttrottlaw.com/?p=136</guid>
		<description><![CDATA[I have been patient. So too, I am afraid, are many people who awaited our new President&#8217;s progressive leadership. We&#8217;re still waiting.
Health care. During the campaign the President was a proponent of universal health care. Not anymore. The President offered no plan of his own, leaving it to that impotent debating society known also as [...]]]></description>
			<content:encoded><![CDATA[<p>I have been patient. So too, I am afraid, are many people who awaited our new President&#8217;s progressive leadership. We&#8217;re still waiting.</p>
<p>Health care. During the campaign the President was a proponent of universal health care. Not anymore. The President offered no plan of his own, leaving it to that impotent debating society known also as Congress. The health care bill we&#8217;re about to get does nothing to reform health <em>insurance</em>, where the true change is needed.</p>
<p>The economy. Unemployment at 10%? Continued bailouts? Stimulus? Who stimulated what for whom? The same old crew who oversaw the economic collapse is still in charge. Wall Street rebounds while regular folks keep getting laid off. Again, instead of genuine economic reform, all the current leadership seems to be doing is looking to restore the <em>status quo ante</em>.</p>
<p>The war(s). Escalation in Afghanistan? Secret incursions into Pakistan (can you say Cambodia 1970?). And a Nobel Peace Prize?</p>
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		<title>Beware the Video Professor</title>
		<link>http://blog.ttrottlaw.com/?p=132</link>
		<comments>http://blog.ttrottlaw.com/?p=132#comments</comments>
		<pubDate>Tue, 03 Nov 2009 01:52:22 +0000</pubDate>
		<dc:creator>Tim Trott</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.ttrottlaw.com/?p=132</guid>
		<description><![CDATA[John Scher, that friendly &#8220;video professor&#8221; guy on TV who implores you to, &#8220;Try my product,&#8221; for only the cost of shipping appears to have quite a scheme going. Here&#8217;s the deal. When you think you order one of his computer training CD&#8217;s for what you think is only the cost of shipping, you get [...]]]></description>
			<content:encoded><![CDATA[<p>John Scher, that friendly &#8220;video professor&#8221; guy on TV who implores you to, &#8220;Try my product,&#8221; for only the cost of shipping appears to have quite a scheme going. Here&#8217;s the deal. When you think you order <strong>one </strong>of his computer training CD&#8217;s for what you think is only the cost of shipping, you get <strong>three </strong>CDs. You then have 10 days to see if you like the product. What? I only ordered the free training CD. If you haven&#8217;t contacted them within that time you get a hefty charge on the credit card. Of course that&#8217;s the type of thing that no one clarifies for you. What&#8217;s worse is that when you think you are only ordering one CD lesson, you are actually signing up for what marketers call a continuity program. In other words. &#8220;Professor&#8221; Scher has 36 different programs he&#8217;d like you to buy. He&#8217;s going to send you one every month. So if you&#8217;re not careful, you could be on the hook for some serious credit card charges.</p>
<p>His TV commercials are very misleading. His offer is too. So, as my old Latin teacher used to say, &#8220;caveat emptor&#8221; (let the buyer beware).  And don&#8217;t try his product.</p>
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		<title>So long, Teddy</title>
		<link>http://blog.ttrottlaw.com/?p=126</link>
		<comments>http://blog.ttrottlaw.com/?p=126#comments</comments>
		<pubDate>Sat, 29 Aug 2009 13:27:29 +0000</pubDate>
		<dc:creator>Tim Trott</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.ttrottlaw.com/?p=126</guid>
		<description><![CDATA[Smarter, more articulate persons than I are writing about the passing of Sen. Edward M. Kennedy. They are writing and speaking about the great work he did and the personal demons he battled. So I shall leave that commentary to others. As to his legacy, historians have much to ponder as they begin to put [...]]]></description>
			<content:encoded><![CDATA[<p>Smarter, more articulate persons than I are writing about the passing of Sen. Edward M. Kennedy. They are writing and speaking about the great work he did and the personal demons he battled. So I shall leave that commentary to others. As to his legacy, historians have much to ponder as they begin to put pen to paper. Or finger to keyboard as it were.</p>
<p>There is something Teddy, quoting his brother Jack, said that helped me clarify my own political philosophy. It also helped me clarify my view of the world. They are words to live by. I put those words here today in the hope that they will continue to inspire me, and perhaps others.</p>
<p><em> &#8220;If by ‘Liberal’ they mean someone who looks ahead and not behind, someone who welcomes new ideas without rigid reactions, someone who cares about the welfare of the people &#8212; their health, their housing, their schools, their jobs, their civil rights, and their civil liberties &#8212; someone who believes we can break through the stalemate and suspicions that grip us in our policies abroad, if that is what they mean by a &#8220;Liberal,&#8221; then I&#8217;m proud to say I&#8217;m a &#8220;Liberal.&#8221;</em></p>
<p>RIP.</p>
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		<title>School Administrators: Think Twice Before You Strip Search a Student</title>
		<link>http://blog.ttrottlaw.com/?p=91</link>
		<comments>http://blog.ttrottlaw.com/?p=91#comments</comments>
		<pubDate>Sat, 27 Jun 2009 00:17:28 +0000</pubDate>
		<dc:creator>Tim Trott</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://blog.ttrottlaw.com/?p=91</guid>
		<description><![CDATA[Clarence Thomas notwithstanding, the United States Supreme Court stood up for the Fourth Amendment, and in particular, the rights of children in school. It also struck a blow against overzealous school administrators who all too often think themselves an arm of the police department. In an 8-1 vote, the court held that a strip search [...]]]></description>
			<content:encoded><![CDATA[<p>Clarence Thomas notwithstanding, the United States Supreme Court stood up for the Fourth Amendment, and in particular, the rights of children in school. It also struck a blow against overzealous school administrators who all too often think themselves an arm of the police department. In an 8-1 vote, the court held that a strip search of 13 year old Savana Redding violated her constitutional right against unreasonable searches and seizures.</p>
<p>One day in October 2003, a school administrator, believing that Savana was giving ibuprofen to friends directed that the school nurse conduct a strip search of Savana. Further description of the event is unnecessary.</p>
<p>It is well settled that children do not surrender their civil rights at the schoolhouse door. American schools are all too often little more than warehouses for children, where the goal is more order than education. I have seen in my own practice how school administrators have abused the vast power they wield in the schoolhouse. In one case of mine a student dropped a prescription pill he had, lawfully, on his person. What was the school&#8217;s first reaction? To get the student to the school nurse to see if there might be some immediate medical problem? To call the student&#8217;s parent to be sure the medication was proper? No. The child was sent home under suspension. The the police were called. By the time I was contacted, local law enforcement was about to launch an investigation aimed at charging this student with possession with intent to deliver a controlled substance, i.e. drug dealing. The kid dropped a pill he was supposed to take with his lunch. It was a misunderstanding. But when I met with school administrators, they treated this child as if he were a criminal..with disdain and disregard. Unacceptable.</p>
<p>This is not to say that school administrators should not be concerned about possible drug trafficking on school premises. Of course they should. However, as the court said in this decision, while latitude must be allowed to school administrators in order that they protect the students in their charge, the Fourth Amendment places limits on how far they can go. This time they went too far.</p>
<p>Score one for the Bill of Rights.</p>
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