Friday, November 13, 2020

TRUTH IS NOT TRUTH

 

In perusing an article on the ongoing lawsuits being filed in defense of the prez citing voter fraud (their words not mine) it rather facetiously, I thought, suggested that lawyers are realizing they may only want to go so far in pursuing these claims. Possibly they are realizing the consequences of actually lying or providing false information before a judge could have an impact on their licenses. It is my understanding that attorneys as "officers of the court", although having a duty to represent their client, can also be charged with commiting a fraud upon the court if they knowingly present false information. Hmm so they will go so far but not further perhaps.

Reading some of the affadavits filed by poll watchers included compaints such as "they were wearing BLM shirts"; "they looked at or talked mean to me"; "I saw a bunch of military ballots marked for Biden and I thought they were supposed to be conservative";"they wouldn't let me look over their shoulder and breathe on them"; "they were huddled plotting mayhem", etc.  I, perhaps, embellished the last two, but in the age of pandemic the six foot rule had to be enforced. In other words no one saw people changing ballots, counting illegal ballots or creating ghost ballots. but they could have, they cried in their statements. Unwritten but clear they would rather say and "they were black". Oddly enough the President fared better in inner cities than in 2016. It was the suburbs that sunk him as they loathe him.

Meanwhile, back at the farm (Wash. D.C.) the cyber unit of Homeland Security announced in a Senate hearing that they have no evidence that votes were compromised or altered in last week's presidential election. Further, they stated that it was the most secure election in American history. Oh darn.  

The whole situation reminded me of an episode of my own in court representing my employer. Many employee safety officers are also responsible for workers' compensation administration. I had the pleasure at one employer of covering both disciplines, which literally meant I had no time for preventative safety as WC takes up 90% of the time. As a Personnel Director for another company I had both safety and workers comp employees so at least I could direct the activities rather than be a daily active participant. However at a certain point I had to be involved, such as negotiating contracts or working with the attorneys for court appearances. 

DIGRESS:  In my experience only, let me be clear, the attorneys told me they could handle any legal issue thrown at them - any speciality. Wrong. Consequently every time I was assigned a new attorney I had the distinct honor of training them in the nuances of Work Comp court. Not overtly mind you, the "I can do anything syndrome". Things like how they set all the hearings at 9 am so you can sit in little rooms and negotiate settlements or how the AJ (Judge) acts as the employee advocate and how if you would get off your high horse and play golf with other attorneys negotiations would go much better.  The first attorney I worked with basically opened a checkbook and asked how much. That kind of "behind the eight balled" us right away. I had the same attitude about unemployment scams. To be honest I did not dispute 95% of the claims for either one. But when it was wrong I went to the wall!

Anyway one of the "scam" workers' comp claims finally had a shot at being resolved in our favor. However we had to appear in Circuit Court in Kalamazoo before the Judge. We prepped all the way over so I was ready as the "Star" witness negotiating for the employer.  At one point the Judge called me up to his desk and said point blank "Do you have the authority to accept this settlement?" Now I knew I could make this all go away with the right answer.  So without hesitation I proudly said "Hell no!"  Well I actually said "no, our Honor". So we were dismissed. Then it got humorous.

On the way back the attorney was saying. Thank goodness. I was behind you freaking out and thinking "Please Don't Lie, Please Don't Lie, Please Don't Lie". Like I was going to do that and we had a good laugh. Makes you wonder what world these people live in.....


                                                          


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