Karl H. Timmerman M.A.J.D. © 2002
All Rights Reserved
A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS
MoBar Solo and Small Firm Internet Group
APRIL 4, 2003
Greets and Huggers. Posted the evening of April 4, 2003. Last Sunday a dear friend, (and he truly is), wrote about his right to dissent by engaging in peace demonstrations:
"As far as the vocal minority "imposing its will" on the majority...give me a break! The First Amendment was crafted with that minority in mind, but how protesting equates to "imposing their will" totally escapes me."
Quite simple: there is a difference between "Dissent" and "Disrupt". I unequivocally support the 1st Amendment guarantee to assemble and petition the government for change: I unequivocally support the 1st Amendment guarantee to voice your opinion. The 1st Amendment does not guarantee the right to "disrupt." At what point does "civil disobedience", "civil disruption" become just another crime? I offered to represent folks who were arrested for protesting the war: but then it dawned on me, why would you get arrested at a peaceful, lawful demonstration? I withdraw that offer. This is not the "civil rights" movement, where you got arrested for violating an unjust law by disobeying it: civil disobedience. This is breaking the law to draw attention to your viewpoint, "civil disruption". Where do you draw the line between "disruption" and "domestic terrorism"? I am really confused about what the "Peace Rallies" hope to accomplish. Does anyone believe, our America would declare a victory and just walk away, (like we did in Vietnam?). What would be the effect? Sadam murdering the remaining Kurds and Shi'as once the coalition troops leave? Don't know ... but do know this: Public peace demonstrations/disruptions only serve to harden the resolve of Sadam for a political settlement. They only serve to delay a speedy resolution to this war. 50 Folks getting together and praying/sending good wishes and thoughts for the safe return of our troops and a speedy end to this war, accomplish more then 150 persons laying themselves down in traffic, in New York, doing a "die in". Sat here on Tuesday evening and watched the news of Jessica Lynch being rescued by our Special Forces: have a doubt about the power of prayer/good wishes? A good friend pointed out, that she considers what our soldiers are being asked to do, are doing, immoral. If you indeed feel that way, how can an honorable person not condemn them for engaging in immoral behaviors? Doesn't the troops engaging in immoral behaviors make them immoral? If they are immoral, how can you support them? Again, share with me, how, in the real world, you can publicly support our troops and protest the war? On "60 Minutes" last Sunday, Andy Rooney said, "I wish my America never got into this war but now that we are, I want my America to win it". Don't we all ... and quickly: peace "disruptions" will not accomplish that. There will be hell to pay, if, at the conclusion of this war, the "facts" that were used to "justify" this war, were made up, false or misrepresented. I will lead the "civil disruptions".
The human brain is divided into the paleocortex and the neocortex. Beginning to wonder if you can't divide lawyers into paleocortex lawyers and neocortex lawyers? The paleocortex is the ancestral part of the brain, controlling basic human functions like breathing, digesting, defecating, the various organs and base human behaviors. The neocortex controls the higher functions .... like restraint: not scratching yourself in public, not laughing hysterically while pushing your partners head under the covers when you break wind, or voting the "party ticket". (if you're wondering, its Ok to push your partners head under the covers .... just don't laugh while your doing it). Watching "Changing Places" on PBS is definitely neocortex. In practical terms, what does this mean? Paloecortex lawyers try to convince you, argue with you about how they are going to kick your butt in court and why your client is scum of the earth ...... are disagreeable and refuse to cooperate with basic procedural functions. A neocortex lawyer, on the other hand, breaking wind, while doing his closing argument .... will pause ..... and will walk over to opposing counsel ... and in a stage whisper, say, "Tell them .... I did it".
"He takes care of his men and he knows his stuff", Oli North, War Corespondent talking about the CO of W/1st Marine Exped Force, Iraq. How is it possible, that, if we are so screwed up as a Nation, so evil, that we have such fine men and women in uniform? These are our brothers, sisters, neighbors and friends. These folks are us: Americans. I am sickened by the loss of Iraqi soldiers ... of Iraqi life. I am sickened by the conduct of some Iraqi; the secret police, the fayedeem(sp). I rejoice at the humanity of others, the Iraqi LAWYER who came forward and told the Marines Jessica Lynch's location. These folks are no different from you and I. But for living in a society that values life: but for living in a society that has the protections of an enforceable Constitution ..... but for a Judicial Branch that elects to enforce the contract we have with our elected representatives ..... there go you and I. I pray, our Judges understand their role in keeping us all free: I pray our Judges understand that the "will of the people" is only 51% and that the other 49% of us have placed our lives in their hands. I pray. Confronting evil has a price, not confronting evil has a greater price. Freedom is not free, we are making payments, now. To the Iraqi Lawyer: you grace humanity by your presence.
To my little brother, Karl D. cursed by a house full of in-laws due to a canceled concert, (one of the plagues Moses used to bring his people out of Egypt, not reported in the Old Testament) : my heart goes out to you ...... <whispering> .... count your blessings ..... they could all be Jehovah's Witnesses!!!
Have the fireplace going at Ft Timmerman ..... down in the 30's here in Holden. Reading and finishing off these Ramblings while sipping on some BBB and flipping between FOX, MSNBC and CNN. (Les Steinberg shared with me, that he's discovered a source of BBB in St Louis) Susan is almost totally healed .... the scaring is minor .... but she goes in for her hysterectomy on Wednesday. She is sitting in her office, all her babies at her feet: the Damn Yorkies, the Damn Cats ... and Daisy. Will go to sleep tonight with a handful of Susan :) ...... after a prayer for our men and women in uniform and their safe return. All is well at Ft Timmerman: be and sleep well!
If my post offends, I apologize ... that is not my intent.
Karl (the dumb ole country lawyer from Holden, Missouri)