Tuesday, December 23, 2014

This post relates to part of the problem with Lincoln Park.  I used the key quote I reference herein in my Master's Thesis on Juridical Methodology.  I have spent years looking for it.  I guess I could have reread my thesis - but life is not so simple.  This morning's NYT has an article wherein Associate Justice Scalia is using this key quote as his justification for changing his position as to the law.  When Justice Jackson made the statement in a dissent, he made it clear it was something to be used with justification and rarely.
"But if I have agreed to any prior decision which forecloses what now seems to be a sensible construction of this Act, I must frankly admit that I was unaware of it. However, no rights have vested no prejudicial action has been taken in reliance upon such a ruling. It does not appear to have been called to the attention of Congress and in effect approved by failure to act. Under these circumstances, except for any personal humiliation involved in admitting that I do not always understand the opinions of this Court, I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday."
"Again, in writing about one of his own Attorney General’s opinions that he believed should be overruled, he said in a concurring opinion, “I am entitled to say of that opinion what any discriminating reader must think of it – that it was as foggy as the statute the Attorney General was asked to interpret.” Then, quoting Lord Westbury, he wrote, “I can only say that I am amazed that a man of my intelligence should have been guilty of giving such an opinion.”
The AG Opinion Judge Nelson is relying on to allow Rose Gowen to engage in criminal conduct is just wrong, and anyone can see that. Why Judge Nelson is playing along with clear criminal conduct is beyond me.  I have been cautious with Judge Nelson because Michael Cowen and Luis Saenz need to be able to work with him if we are to save Lincoln Park.  He has been studious - only to the point of how he might get away with his conduct - and not in the pursuit of justice.
I will do my best by Monday to ask the District Attorney of Travis County, who has jurisdiction over this matter to either bring charges against Rose Gowen, or not interfere with me doing a grand jury referral.  It would be best if another attorney locally would have the courage of Michael Cowen to do the grand jury referral in Cameron county.  Because DA Saenz is the plaintiff, he is conflicted out in terms of prosecuting Rose Gowen.  On proper Motion a Judge can assign a special prosecutor to take the lead, but even that would require DA Saenz to make the request, and I am not sure if that is even possible because he is a plaintiff.  Of course all the motion says is he is conflicted out and the court should appoint a special DA to investigate if there is a crime.
With the special federal task force in place, the appointment a special prosecutor would be justified and in my opinion be looked upon by the feds as evidence local law enforcement is on board with cleaning house and ending the corruption.


Anonymous said...

It is my understanding that Estella Vasquez has been living in Her house in Los Fresnos. Now, if it is found out that she has and was at the time of the vote for the Lincoln Park wouldn't that disqualify her from participating in the vote.

BobbyWC said...

I looked for evidence of this even in San Benito where the property records are more complete - the records in the Administration building are very incomplete - also CCAD can take up to a year to update their records.

I researched this issue and could not find an answer - of course the issue in all of these cases has always been the same - intent - is her intent to move back to Brownsville and is the Los Fresnos home just a place until she can find a home in Brownsville .

I looked into the question and could not find an answer - so I will not speculate

Bobby WC

BobbyWC said...

Saavedra was working and living in San Antonio while serving on the BISD Board

I forgot this

Bobby WC