February 1, 2008

And the spanking continues

Oh my deary, deary me.

Of State v. Knapp, the anti-Butler forces' signature criminal case:
What you leave out with this creative use of the passive voice is the fact that the police INTENTIONALLY VIOLATED THE SUSPECT’S CONSTITUTIONAL RIGHTS specifically to obtain such a statement. This is not a case, as you suggest, of the police inadvertently failing to follow some obscure rule, but an intentional violation of the constitution. In fact, such a violation can be a federal crime. I think it’s 18 U.S.C. s.241 - violation of civil rights under color of state law.
Sounds familiar. That intentional violation was precisely the reason the Wisconsin Supreme Court distinguished its decision from United States v. Patane, the U.S. Supreme Court plurality opinion to which Daniel Suhr claimed Justice Butler "arrogantly" failed to "defer." In fact Butler also pointed this out during his online debate with Michael Gableman on Tuesday, when Gableman attempted to go after him over Knapp. Gableman had no response, incidentally, only the initial talking point. Said T.P. is not holding up real well.

And I believe Atty. Henak is referring to 42 U.S. § 14141, known in Department of Justice circles as the Police Misconduct Statute.

[eta: My mistake; see Atty. Henak's comment below. - iT]

There's more:
Let me get this right. Gableman’s campaign makes a statement that is demonstrably false, i.e., that Butler “consistently sides with criminals over law enforcement.” Butler then calls him on it and presents the facts that he has voted to affirm convictions in 98% of the cases presented to the Court. And you say that Butler is the one spinning the facts????? Get real!
And this coup de grĂ¢ce:
Over the years, I have represented many people who were convicted of crimes it ultimately turned out they did not commit. Most of those reversals, by the way, were entered by the federal courts stacked with right-wing, GOP-appointed judges after the Wisconsin state courts had upheld the convictions.
Those crazy, madcap liberal activists! (Many of whom were appointees of the canonized St. Ronald Reagan, no doubt.)

Three more spankings, in a row, commencing here. Check 'em out.

Any suggestion that the hilariously ambitious Republican trickster Daniel Suhr quit while he's behind is not an attempt to stifle speech, but rather purely an expression of compassionate conservatism.

[Please visit the iT Butler/Gableman archive.]

7 comments:

scd said...

Brutal! (Not to mention spot-on and devastating.)

Especially entertaining is Master Suhr's "I do not want a right-wing automaton: I want a judge who will fairly and accurately apply the law" defense to Mr. Henak's earlier comment. After all the posturing and pretense of objective, high-level legal analysis, Master Suhr is reduced to Bushesque talking points.

Almost makes me wish I were a Wisconsinite.

Clutch said...

Suhr's cushy job spinning out crap for right-wing lobbies is of course now assured, if he really wants one.

But his credibility is in tatters. If this kid had a mentor worth a damn, he'd be getting some advice about the way a reputation sticks to you -- and about the practical permanence of Internet remarks these days. Whether he deserves it or not, it seems a shame to watch a youngster publicly debase the currency of his own integrity.

illusory tenant said...

Very well said, Clutch, and I agree completely. But there's a political campaign underway here, and as any number of anti-Butler negative campaigners themselves will insist, politics ain't beanbag.

Other Side said...

Indeed well said. The shame is Suhr will never see the error of his ways, nor that he's been used.

John Foust said...

Suhr has a mentor? You mean, like a professor?

RobH said...

Actually, I did intend 18 U.S.C. s. 242, the criminal statute for violation of constitutional rights under color of state law. Section 241 covers conspiracies to do the same thing, so it might apply as well.

illusory tenant said...

Understood, RH, and thanks for stopping by.