Captain Justice
The first part of the opposition to this motion is well-reasoned, well-argued, and persuasive. But about two-thirds of the way down the second page, defense counsel gets… a little bit silly. Granted that the motion itself was a little bit silly. But I’m not convinced that this approach was the best idea. Maybe I’m just too conservative and traditional.
Oh, and Franklin is not a “small town.” It’s a well-developed, affluent suburb of Nashville. But now I’m nitpicking.
I like it. The agents of the government sometimes assume they are entitled to a certain deference unbecoming to a democratic polity, and a good mocking smackdown is perhaps the most effective way to pierce their protective layer of self-seriousness.
Of course the practical question is how the judge sees it. Hopefully Captain Justice, Guardian of the Realm, knows the judge well enough to be sure this an effective style.Report
I loved it. This is why I’d want to be a lawyer, to write motions like this.
Any chance the “prosecution” could be changed to “Porcine tax feeding dolts”?Report
I loved it as well. Though it has the feel of a drunk email one should have re-thought prior to hitting the send button.
I can just imagine the guy sitting there with half a bottle of Scotch on his desk, getting more and more revved up as he types. Probably imagining himself as the lawyer in BB.Report
Yes, reminds me of the emails I used to write in my youth to management; the kind I don’t write anymore.Report
I can just imagine the guy sitting there with half a bottle of Scotch on his desk, getting more and more revved up as he types.
Excellent visual. Maybe you missed your true calling as a writer of hard-boiled detective fiction.Report
That would be rye.Report
That is pretty awesome.
I grew up in Franklin, and like a lot of people who lived there before it was “a well-developed, affluent suburb of Nashville,” we still tend to think of it as a small town, even if it’s not anymore. It may have ~60,000 residents now, and be the county seat of the 19th wealthiest county in the country, but not so long ago it was much smaller and much less affluent. I wouldn’t be surprised if the person who called it a small town was from there, and just hasn’t been able to wrap his or her head around the rapid growth and change in wealth distribution.Report
Yeah, that would be consistent of my experiences with a certain category of Tennesseans. These folks would, in all sincerity and with a genuine desire to help you navigate, give you directions to the place you were looking for in Knoxville as “It’s right there on Kingston Pike, just near where the Barnes house used to be.”Report
You can follow me there… just turn right about a mile and a half before I do.Report
The first time my girlfriend visited Tennessee, she asked a guy at a gas station for directions. The place she was going was no more than a mile from where she was, but he spent several minutes “giving her directions,” because giving directions is more storytelling than describing how to get from point A to point B. When he was done, she still had no idea how the hell to get there, and had to ask someone else. Until then she hadn’t understood that everything is an opportunity to tell a story for people from Tennessee; she just thought I was weird like that.
She brings that up every time somebody asks me for directions. “Oh no, you don’t want to ask him for directions, he’s from Tennessee.”Report
The same thing happens on somewhat bigger scales. When I worked for the Colorado legislature’s Joint Budget Committee, rural legislators would sometimes come to see me about some JBC bill bringing the state’s budget mechanisms into compliance with one or more federal laws. At some point, they would complain, “Colorado is a small-population poor rural state dependent on agriculture; why can’t the feds see that?” I never did figure out a polite way to say, “Well, Senator, probably because they see that the 120-mile-long 30-mile-wide strip along the Front Range has transformed Colorado into a medium-population well-to-do urban/suburban state dependent on software, satellites, and other high-tech goodies.”
My current perception of the state Republican Party is that they are in the process of shooting themselves in the foot by adopting a “rural vision” for what Colorado should be as a litmus test for state-wide candidates.Report
I love following your articles It truly helps me get through the afternoon.Report
When you’re a defense lawyer named Drew Justice, you just have to go with it.
In terms of whether this is actually a good strategic approach, I’m actually not sure that it isn’t. His First Amendment argument is a loser (Gentile, the case he cites, is about out-of-court speech). So if he’s worried that he’s in front of a judge who might grant this kind of motion, this response might be a good reminder that the parties don’t get to dictate what their opponents say in order to make themselves look better in front of the jury, and that it’s the defense who is actually at a disadvantage in every criminal prosecution in almost every way, including how prejudicial its “social position” is.Report
That’s hilarious. I’m sure it will be a hit at the better half’s office this morning.Report