Comment bump Wednesday: Whew doggie!

RFP solves the mystery of the scatologically challenged commenter “I Smell Poop”, who was insistent that our own Harry Connick Jr. is from Weston Connecticut.  Sight unseen I’ll posit Harry’s former homies are still feeling no love for the newest judge on American Idol. Those that wish to see more of Harry’s dark side should click here.

Next up is Ricardo, who may have solved the case of the local radio personality Jenn and her wild cab ride with a local cabbie. Like the late, great Ambrose Bierce used to say:

There is nothing new under the sun but there are lots of old things we don’t know.

Finally Kidd has proposed a solution for dealing with Louisiana’s problem with judicial overpopulation as identified yesterday by BGR.  I personally think his solution is a bit draconian.

Meantime in other news……

Katrina flood lawsuit plaintiffs ask judge to rule against Aaron Broussard ~ Paul Purpura

Cross motions for summary judgment on the same issue, in this case whether the former Goatherder in Chief was so busy lining his pockets with graft that his failure to lead Parish Government during and after Hurricane Katrina is tantamount to “willful and wanton misconduct” is a ballsy legal gambit folks.  Yes, my own considered personal opinion is that everything Broussard did was willful and wanton, likely right on down to the crocodile tears he shed on Meet the Press.  These Goatherders are excellent crocodile criers from way far back folks.

)

Set the alarms for September 19.

Just when you thought this JPAC debacle has been put to rest once and for all.

Jefferson Parish Performing Arts Center final agreement doesn’t include all costs ~ Ben Myers

My educated guess is the Parish will find the extra money by taking it from a program that benefits the elderly and disadvantaged. We’ll see.

Finally Nowdy checked in last night very indignant with Phil Bryant’s appointment of Chevron alum Steve Renfroe to the vacant Southern District PSC seat. She made her displeasure on this topic very clear fearing it will only serve to advance Gov Phil’s desire to make Mississippi into a nuclear waste dump. Quite frankly Governor Lawn Mower Fumes’ environmental record really stinks and what makes the man even more dangerous is his belief that God has sanctioned his actions.  The almighty tells me Gov. Phil’s political cronies looting the DMR is the work of Beelzebub not Jesus Christ.

Beware of the false prophets, who come to you in sheep’s clothing, but inwardly are ravenous wolves ~ Matthew 7:15

13 thoughts on “Comment bump Wednesday: Whew doggie!

  1. The Empire Parish

    Paul Purpera reveals himself as one of TIPSTY’s usual lickspittle fools, too lazy to open a lawbook or visit the internet. Instead of using banal characterizations such as “alleged,” Purpera could have educated himself and written a more informative article for his readers (after all, Purpera, you are writing for the readers, right, not the grifters in charge of the pseudo-paper).

    Just visit the federal websites, or some free online law website, and look at the LAW, in Title 33 of either the USC or the Code of Fed Regulations. Even a barely functioning literate like Purpera will see that federal law DOES require local governments to do those “minor things” like maintain levees or operate pump stations. Nothing “alleged” about it, azzhole.

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  2. Ashton O'Dwyer

    For those of you who believe that Judge John Peytavin will do the “right” thing in “The Broussard Flood Litigation”, don’t hold your breath. His DisHonor is the Father of a Jefferson parish attorney, Michael Peytavin, whose firm, Gaudry, et al, has made MILLIONS representing Jefferson Parish as “outside” (or is it really “outhouse” counsel. THE FIX IS IN, FOLKS, and has been for some time, but Darleen Jacobs and Carol Rogers (among others), who have FUCKED UP this case beyond all recognition, are BLIND to the patently obvious conflict of interests (and the CORRUPTION that flows from it) for several years now, ever since I brought this situation to their attention. Hey, GIRLS: You’d better put your E & O Carriers on notice! Ashton O’Dwyer.

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    1. The Empire Parish

      Considering the kleptocrats extort the citizenry and visit afflictions on them, Ashton, THEN go create law to immunize their actions, then make the serfs pay for both sides of the litigation and the judge, to boot, getting anything out of a kleptocrat criminal enterprise is an accomplishment.

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  3. Ashton O'Dwyer

    The “immunize their actions” is what sticks in my craw. The State statute which allowed so many of the defendants to “WALK” said something like they were immunized because they were responding to a disaster. Their post-KATRINA actions WERE A DISASTER, and had nothing to do with any reasonable and prudent response to a disaster. But Whitmer and Maestri and Broussard will keep their taxpayer-funded retirements (Broussard collecting while he is in jail!). Put this “Judge” and his son in jail! Ashton O’Dwyer.

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    1. The Empire Parish

      Ashton, you are being exceedingly churlish and perverse. In your years of experience, haven’t you realized that any case against a government body is essentially a sucker’s bet? The odds are not fifty-fifty, more like 10-90. Let’s get real – if the attorneys financing the case hadn’t done so, do you believe for a second anyone in the public would give a damn? Tell me how many “concerned citizens” attend hearings to evidence to the judge that they are mad and want something done. I’ll give you a hint, you should not hold your breath waiting.

      The attorneys and those familiar with the legal regime know well about what I write: in a perverse manner, or as Mencken might note, the people know what they deserve, and they get it, good and hard. One has to scratch one’s head that the sheeple give lip service to individual liberty and ownership of property, yet elect politicians who resemble the Golden Horde in extorting, looting, destroying and injuring people and property – and the same kleptos who then say, with middle finger emphasis, “sue us, we’ll wear you down and then seek immunity from the Legislature,” all the while the victim is financing both sides of the case AND the judge?
      Furthermore, recall that the neocon Mike Foster and his pack of corporatists told the people to willingly reduce their ability to get recompense from government crime – and the people bought it! See La.Const. Art. XII, Sec 10 (C).
      Given the odds against you, a successful case against a state or local kleptocrat gang is rare. Any attorney willing to go for it should be complemented. The payoff is uncertain, but the outlays are up front and non-refundable.
      In the case of Jefferson Parish, we have a lot of bullshit and blather by the local kleptocrats that they would not have done what was done – but not one has manned up and suggested settling in some meaningful – strike that, any meaningful manner.
      If you research the matter, you’ll notice the parish had some ridiculously low insurance policy, something like $6MM. That’s for a multi-billion dollar enterprise, Ashton. If a private sector company was so situated, you’d have some federal or state fascisti trumping up civil and criminal accusations. Yet do the sheeple of Jefferson Parish give a rats ass? Evidently not as one sees the usual suspects returned to office.

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  4. Ashton O'Dwyer

    Empire: I guess I’m still an “idealist”, although “reality” is just as you have laid it out. And in the meantime, I’m disbarred, all of my KATRINA litigation (including my “Broussard Flood” litigation – the “first filed”, long before the “Johnny-Come-Latelys” who have fucked up the litigation), and presumably all of my former clients now clients of “The Plaintiffs’ Committee”, having been “scooped up” by the PLC whose Members theoretically benefited from my disbarment, etc. (Indeed, the PLC Members in the “main” KATRINA litigation were DIRECTLY INVOLVED IN MY DISBARMENT, and communicated ex parte – a “No, no” -with Eastern District Judges to facilitate it, including “Duval-Daley-Fayard”). But at least three more points need to be made: (1) If HisDishonor, John Peytavin “Judge”, and his ethical son, Michael Peytavin “Attorney” for Jefferson Parish in “beaucoup” other litigation, were really “Honest Johns”, then they would have disclosed the Father and Son and Parish relationships at the very beginning of the Broussard Flood litigation and His DisHonor would have recused himself, sua sponte: (2) The Plaintiffs’ Committee Members, who have known about the Judge and his son’s conflict of interests for years now (The litigation is now 8 years old!) have NEVER filed their own Motion for Disqualification and/or Recusal of the Judge notwithstanding their knowledge of the conflict, adverse decisions by the Judge, and the fact that the Judge has their fate (and their clients’ fates) in his hands (If the case ever gets to trial, it will be “non-jury”); and (3) It is patently obvious that Broussard, among others, LIED when he claimed he knew nothing about “The Doomsday Plan”, and did not give the order to shut down the pumps and evacuate the pump workers 200 miles away. He and his lawyers know that it will be difficult for the plaintiffs to prove “willful misconduct” if Broussard was “deaf, dumb and blind”. And SO, Plaintiffs’ Liason Committee, if Broussard did not know, and did not give the order, who DID, and why are those persons not parties defendant? And WHY ISN’T THE STATE OF LOUISIANA A DEFENDANT? Jefferson parish is a political subdivision of the State. Could it be that some of your Members at one time actually represented the State in the “Victims of KATRINA” litigation, and THAT is why the State is conspicuous by its absence as a defendant in the Broussard Flood litigation? Ashton O’Dwyer.

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    1. The Empire Parish

      You fairly have me on some of those points, Ashton, as I’m not involved in the litigation but only reading the record for use in other litigation. As to not bringing in the state thieves, I frankly suspect that given Jeff is a home rule parish that the state thieves would file a SJ real quick and more likely than not prevail. As for doing a double dip and tackling the levees and drainage in one case, true, but Louisiana’s history of legislation on levee districts is (surprise!) inconsistent. Some are required/mandated to maintain levees; others are merely authorized. I recall one of the old districts in Jeff was mandated, but not certain about the rest. And frankly, very few judges would grasp a constitutional law argument regarding the state retention of the properties and any police power issue. Unless you have a case on point, the very nonsense a civil law jurisdiction is supposed to disregard, again, very few state judges exercise the wit God gave them to figure out the rest through statutory construction. After all, what’s the purpose of creating an autonomous entity but for the purpose of sloughing off responsibility?
      I understand your point about rounding up all the scum and making them co-defendant. However, absent the money, Ashton, does an attorney realistically go on a crusade just to extract a pound of flesh without recovery? Tactically does it make sense to have co-defendants doing the Tammany Ring fingerpointing at each other only to delay the proceedings and potentially confuse a judge/jury of nitwits?

      No, sad to say, in these cases you play the hand dealt you. You can get creative, and I’ve seen tries in other cases, but at the end of the day the “play” is managed to see how everyone can get to the table and each get a little something to eat?

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  5. Ashton O'Dwyer

    The “money” is the Sovereign State of Louisiana. If you don’t “hit” the State, somehow, you’re “whistling Dixie”, particularly since the Plaintiffs Liason Committee allowed this case to be transferred to State Court (I filed in Federal Court), where AN ACT OF THE LEGISLATURE IS REQUIRED TO SATISFY ANY JUDGMENT (if these ASSHOLES even GET a Judgment. Fat chance of THAT ever happening! Maybe there’s some money in the plaintiffs’ lawyers’ Errors and Omissions policies. This WILL be a Chapter in “the Book”. Ashton o’Dwyer.

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  6. Ashton O'Dwyer

    If the case were being litigated in Federal Court, there would at least be an argument that a Judgment was executable without an Act of the Legislature, because the Judgment Debtor(s) did not follow Federal law and keep the pumps manned when they were MOST needed, all in violation of the Code of Federal Regulations. AND that the Judgment Debtors violated “Corpse of Engineers’” Engineering Regulations having the force of law which required that the pumps be at a certain elevation, and that they be equipped with “back-flow” valves, check valves or similar devices which would have PREVENTED Lake Pontchatrain from “EMPTYING” into Jefferson Parish after the pumps wer shut down and the pump workers sent 200 miles away. By the way, WHO DID give the order? WHO DID receive it? WHO TOLD them to come back? And Broussard, et al were all “SAFE” at East Jefferson General Hospital during the storm. Were ANY employees of Jefferson parish killed or injured during the storm, or were they all “SAFE” in their places of refuge? I guess some will say (if the case ever goes to trial) that “We were filled to capacity!” No pun intended. Ashton O’Dwyer, Jr.

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  7. The Empire Parish

    Fair question, again, Ashton, but that nasty old 11th amendment issue keeps rearing its head and both DOJ and the Corpse don’t seem at all concerned that local governments routinely flout both federal law and conventional agreements – after all, who cares if the serfs get to pay out of the wazoo, right?

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  8. Ashton O'Dwyer

    Empire: If you have access to PACER (I DID, but now I’m “broke”, so I don’t) take a look at Civil Action No. 07-5040 on the Eastern District docket. This is the case filed by “The Plaintiffs’ Liason Committee” in the “Victims of KATRINA” litigation on behalf of the State (which SHOULD have been a party defendant, but for their irreconcilable, non-consentable conflict of interests) seeking KATRINA damages in the amount of $200 BILLION. Immunity under the 11th Amendment CAN BE WAIVED, and I aver that the invocation of Federal Court jurisdiction to seek damages in the amount of $200 BILLION, arising out of the VERY SAME facts and circumstances, namely KATRINA, levee failures, failure to “police” the State, its political subdivision Levee Boards, assholes like Broussard and Whitmer, failure to ensure that pumps and Pump Stations complied with Federal law, etc., etc., etc. CONSTITUTED a WAIVER of 11th Amendment immunity. But I was disbarred before that argument could be presented. Ashton O’Dwyer, Jr.

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    1. The Empire Parish

      Of course immunity can be waived, Ashton, but only if the state does so expressly in federal court – and would take a resolution of the Legislature under Art XII, Section B. Don’t forget, you have a statutory preclusion in Title 13 which otherwise forbids waiver.

      You might draw more comfort in bringing a federal claim in state court, ashton. Look at Art. XII, section 10 (A) and (C).

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