Despite recent writings, this is not a “legal” blog. It just appears that way sometimes.
The House’s select committee’s vote to file contempt charges against Mark Meadows for his refusal to participate in the committee’s investigation into the January 6, insurrection is causing some very interesting and potentially damaging text messages to be released to the public for the first time. It seems the messages which occurred in the heat of the insurrection paint a much different story than the “spin” Trump’s supporters have been putting on the insurrection since January 6. The messages are not a surprise to me as I am sure that congress members caught in the middle of the insurrection feared for their safety regardless of their party. It is all the “spin” afterwards that attempts to tell a different story than we witnessed on TV, or we now read in the text messages. The “spin” is trying to rewrite history. What we witnessed on January 6 must have been fake news.
Today I received another update the status of the criminal charges against Nick Lyon, the former director of DHHS, stemming from the Flint water crisis. The update was provided by Jim Haveman, former director of DHHS under Engler and Snyder. Here are excerpts of Haveman’s update.
On November 19,2021 Judge Kelly in Genesse County issued a ruling barring Attorney General Nessel’s office from reviewing and/or producing materials that the AG’s team seized in preparing for the prosecution of the defendants. The AG team must establish a taint team to review all documents to assure client-attorney privilege has not been violated. The court recognized the unethical behavior of AG Nessel’s team.
On December 10,2021 Assistant Attorney General Chris Kessel filed a challenge to Judge Kelly’s ruling. The challenge basically says that Judge Kelly was misled. Kessel argues that his team has read the material but will not use it, the defendants cannot prove that the AG Prosecutors used the material and it will cost too much to do a taint team. On page 10 of the challenge document Assistant Attorney General Kessel writes that if the taint team must be used as ordered by the Court, it will take 100 attorney reviewers (working 7 hours a day) 3 years at a cost of 48 million to complete the requirement of the court.
Keep in mind that it was AG Nessel and her staff who made the mistake of not using a taint team from the beginning. Now they want Judge Kelly to go along with “opps we made a mistake but it’s not our fault!” AG Nessel team will probably appeal Judge Kelly’s decision if she stays with her original order. If AG Nessel appeals that decision, who will pay for that appeal to cover up AG Nessel’s teams clumsy handling of this case?
At some point in time someone is going to say enough is enough and this case will either be dismissed, or the charges will be dropped. In the meantime, the taxpayers continue to foot the bill for the mistakes of the AG’s office and Nick Lyon and his family continue to be in “legal limbo” on a case that is entering its 7th year.
In another legal case. The Detroit News and other news outlets are reporting the Michigan Supreme Court will hear arguments Wednesday in the case brought by three media outlets against the Michigan Citizens Redistricting Commission. The lawsuit seeks the release of the commission’s legal memos and recordings of the Oct. 27 meeting under the argument that the constitution requires the panel to conduct all business in public and publish data and supporting materials used to develop the maps that will govern Michigan’s elections for the next 10 years. Lawyers for the commission argued Monday that news outlets suing over its use of private legal memos and a closed session had overinflated the commission’s responsibilities to transparency under the constitution. In a legal response the lawyers argued that the Michigan Constitution anticipated the commission’s need for legal representation in all its forms and took a narrower interpretation of the panel’s mandate to conduct business in public and publish supporting mapping materials was appropriate to protect the commission’s ability to defend itself. The constitution, the commission said, gave the panel powers to make its own procedural rules, engage staff and hire “legal representation” to defend its maps against litigation. The constitutional amendment, the filing said, does not “abrogate” the commission’s right to confidential legal memos or “confidential consultation.”
It seems the only ones benefitting from all of this are the lawyers, most of whom are being paid by us taxpayers. Maybe Shakespeare had it right.
What are you doing today to stop violence? What are you doing today to expand mental health services for those in need? What are you doing today to make sure your guns are not are accessible to minors in your household?
Stay Safe. Social Distance. Wear your mask when indoors in public places. Schedule your vaccine and booster.
Orchid of the Day: Pfizer. for announcing on Tuesday that its Covid pill was found to stave off severe disease in a key clinical trial and that it is likely to work against the highly mutated Omicron variant of the virus
Onion of the Day: Former NY Governor Cuomo. He may end up losing all of his royalties from his book he wrote allegedly using government resources to help write.
Quote of the Day: “It’s really bad up here on the hill.” “The President needs to stop this asap.” “Fix this now.”. Messages of members of congress during the January 6 insurrection.
Shakespeare notwithstanding our daughter Millie, Georgetown law/Johns Hopkins MPH works as a poverty lawyer on behalf of vets who may have gotten a raw deal from the military; e.g. Vietnam Vets with PTSD who were denied treatment b/c it wasn’t a dx at the time they got sick. Just to give a counter to your argument with which I totally agree with in the instances you cite. Good work Tom. Merry Christmas 🎄