A civil lawsuit alleging Sarah Palin undertook a campaign to embarrass and discredit an activist in Alaska has been moved to federal court.
Palin attorney John Tiemessen did not give a reason for his removal of the matter from state court and declined comment, saying Wednesday that he can't discuss questions of rationale "because they necessarily involve legal strategy."
An attorney for activist Chip Thoma, James McGowan, said the move could be designed to try to avoid a jury trial in Juneau.
Thoma sued Palin for at least $100,000, claiming through McGowan that she'd twisted his complaints about bus traffic around the governor's mansion to make it seem he'd engaged in an unsavory campaign against the Palins.
Well isn't THAT interesting news?
I have no idea how this qualifies as a federal matter, but I do agree that if the trial had been held in Juneau that Palin would have had a SIGNIFICANT problem with jury selection.
This will be one to keep an eye on.
P.S. For those who DON'T know the story, the Reader's Digest version is that Thoma complained that tour buses visiting the Governor's mansion in Juneau were causing traffic problems and a potentially dangerous situation.
Palin responded by putting a fake lemonade stand out in front of the mansion, making Piper sit in it, and then accusing Thoma of attacking her children.
This resulted in a vicious attack from Palin's, much more modest back then, flock of Flying Monkeys who harassed Mr. Thoma mercilessly. Hence the civil lawsuit for $100,000.
Is it possible now that it's been moved to a federal court it'll be a suit without a jury, i.e., the judge alone will hear the case?
ReplyDeleteIt'll be a shoo-in for the defense, in that case.
Good luck to Mr. Thoma. I hope he uses Frank Bailey's book to back up his experiences at Palin's hands.
ReplyDeleteUsing her children as pawns in her game to smear a decent man's name is business as usual for Granny P.
So does the federal court benefit the plaintiff here? Did Palin request a federal court because everyone in Juneau hates her and/or knows the truth? Is she hoping that a federal court could be manipulated like Park employees?
ReplyDeleteFrank Bailey and his book should prove beyond a shadow of a doubt that Mr. Thoma has a very strong case. Bailey describes the coordinated effort to discredit Thoma in detail, with Sarah leading the charge.
ReplyDeleteOnce again, Sarah is using federal taxpayer dollars to serve her personal agenda . How's the fiscal conservative thing working out for the Teabagging Queen?
well, palin is VERY consistant at retribution for any real or imagined slight. sooooo un-presidential!
ReplyDeleteAm I allowed to say Holy Fuck! Are they taking the case out of Alaska? Sorry about my poor legal knowledge.
ReplyDeleteDon't forget, Frank Bailey documented the entire situation in his book... and yes, he said her actions were done with malice and forethought.
ReplyDeleteHe is a witness to the matter.
I expect a Federal Subpoena to land on Frank Bailey in the near future...
I expect Palin wants to have the matter tried in Anchorage, thereby creating a financial hardship for Thoma and / or Plaintiffs counsel to travel back & forth to Stevens International.
Chip - this could be a 'take one for the team moment' for you.
ReplyDeleteSettle out of court if Palin agrees to never live in, or refer to, Alaska again!
Well, well. Every little chip in the veneer is one more thing for er to deal with. If the strategy is to move it because she is afraid she has lost Juneau then that's an interesting admission on her part. She must be hoping they move the trial to some backwoods court and hope to get twelve bots who will carry her out on their shoulders yelling accolades of her royal status.
ReplyDeleteGod, I'd love to see her bite the dust on this one
I hope he wins. Maybe other people she has done wrong will follow suit.
ReplyDeleteWouldn't Palin's attorney have to get permission from the court to get it moved to a federal court? Man, she's still got her cronies doing things in her favor.
ReplyDeleteWhat a little scammer she is.
The lawsuit could still be in heard in Juneau: there is a Juneau division of the Federal Court located there. http://www.akd.uscourts.gov/offices.htm
ReplyDeleteInteresting, though, re the removal. To remove a case to federal court, it has to either involve a "federal question" (i.e., a federal law) or involve over 75,000 AND meet "diversity of citizenship" test. Diversity requires that all plaintiffs and defendants be of DIFFERENT states. So, is Palin admitting she is no longer a resident of Alaska? (And is that the reason for the move??).
To whoever asked if the matter could be heard w/o a jury-- no, unless the parties consent to either a bench trial or magistrate trial. If either side insists on a jury, they can have one.
(Not an Alaskan lawyer, but federal court is pretty standard everywhere)
Yellowgirl
Wonder how the timing of the suit and needing to travel back and forth from AZ will rile her up. She needs to get whittled down to size, this is yet another small whittle. Let's hope he doesn't settle because that will have to make the MSM news cycle
ReplyDeleteI prefer it in Federal court. Sara owns Alaska state government from the city of wasilla up. In federal court there's at least a chance she won't be able to bully them
ReplyDeleteyellow girl is basically right. Plaintiff thoma's claims probably raise federal questions (constitutional claims, for example), even if palin lives in AK, and that gives her a hook to remove the case to fed court.
ReplyDeletemost defense attys will remove a case to fed court as a matter of course if they can...little tougher for plaintiffs procedurally, little faster resolution, perceived to be a more consistently good set of judges...at trial and appellate levels. Jury poll is still Alaskans...
Bottom line -- really not a big deal. It is not a brilliant or devious or game changing move.
There is too many Palin people in power up there, it was probably moved so Palin would win.
ReplyDeleteSarah and Todd and their minions harassed a lot of people and have never taken responsibility for it. Frank Bailey wrote of Sarah ramping up hate for this man.
RICO Act?
ReplyDeleteSarah, as your legal counsel, I advise you to settle out of court for $1,000,000.
ReplyDeleteInteresting. Yellowgirl has given the run-down on changes of venue to Federal court. I have to wonder if Sarah is going to try to get it moved to Arizona as a means of annoying the plaintiff.
ReplyDeleteA federal court is more immune to the Evangeliban mafia I would think. (Also, one more zero should be added to that amount to compensate for mental distress, etc.)
ReplyDeleteThe whole thing sounds ridiculous. Like when people move to a home that sits right by the interstate because it's cheaper then demands taxpayers pay for a sound proof wall because the traffic bothers them.
ReplyDelete(Tallahassee)
People are stupid and selfish.
Why did Sarah hate Juneau again? The kids seemed to love it. Bristol's best friends to date live there. I know the mansion had annoying repair work but Juneau's a pretty great town.
ReplyDeleteSarah better be careful otherwise this possibly would be the second time she perjures herself. More emails will definitely be part of the exhibits. Her defense won't cost her anything though thanks to her unofficial legal fund.
ReplyDeleteKnoxville, anyone?
Chip is a good guy. I hope he wins and I hope ALL THE REST of you Alaskans grow a pair that she has done similar misdeeds to. Hit her in the ONLY place that has feelings: Her pocket book.
ReplyDeleteHow will Piper feel when she grows up and realizes how much her mother used her for her own selfish reasons? How utterly sad and despicable that is. It will come back to bite you one day Granny for doing things like this to your own children. I don't care how many cars or how much $$ you bribe your kids with - it won't work. You may have been able to punk little Piper into thinking that your gaudy bus tour to educate Americans was really a "family vacation". Piper will grow up and resent you for using her the way you have. Bribery $$ won't help you then. Besides in a few years any of your kids can make their own millions by writing their "Mommy Dearest" books.
ReplyDeleteWont it be a blast when nasty little Piper gets old enough to get herself a ghostwriter??? She will be able to author the biggest and bestest #1 all time seller of the century. Youbecha!
ReplyDeleteHey Sarahtoxin, how's that smokey Arizonie air doin' for yah? HUH? HUH?
Gryph, why don't you get a copy of the removal petition (that's how you remove a case to federal court) and post it? All federal pleadings are freely accessible on the "PACER" system.
ReplyDeleteThe removing defendant has to set forth the reasons for federal jurisdiction in the removal petition, so we can see what they are claiming.
Also, too, federal judges hate removed cases (clogs up their already crowded dockets), so if there is not a valid reason for removal, the case will be kicked back to state court, one, two, three.
Not an Alaska lawyer either (California) but Sarah can't drag the plaintiff down to Arizona when the main issue of his complaint (traffic) happened in Arizona. Defendants DO try to move to friendlier states but only if they have a contract allowing them to do that beforehand-- hence, employee agreements compelling arbitration, or commercial agreements requiring the use of Delaware (commercial-friendly) law.
ReplyDeleteA previous post on this topic at IM has lots of information and links in the comments.
ReplyDeletehttp://theimmoralminority.blogspot.com/2011/04/is-sarah-palin-about-to-be-sued-for.html
This Daily News Miner story explains that emails in the Bailey book are involved:
http://mobile.newsminer.com/bookmark/13042555-Alaska-activist-sues-Sarah-Palin-seeks-at-least-100-000-
Thoma's attorney, James McGowan, says Thoma complained about tour bus traffic on the narrow, windy streets around the governor's mansion. McGowan says Palin twisted Thoma's actions to make it seem like he had engaged in "some unsavory and lunatic" campaign against the Palins.
The complaint is based in part on a leaked draft manuscript of an aide of Palin's at that time.
http://mobile.newsminer.com/bookmark/13042555-Alaska-activist-sues-Sarah-Palin-seeks-at-least-100-000-
And maybe some screen grabs from C4P and a few other places?
This comment by Anonymous sums it up:
I had to grin when I read this...Chip has a long history of suing governors and other political types in Juneau, and he is like a yard dog with a bone once he gets started. Sarah should not have made this guy angry. This will be fun to watch....
Gryphen, I have forgotten, but didn't this happen after her selection as V.P. candidate? Maybe even after she returned home to "work," haha? And yes, from what I have read, a jury selected from Juneau residents would HANG her .. no matter the "crime," alleged or not!
ReplyDeleteDoes this also mean that she has the federal court of Alaska still in her hand? Because if I were Mr. Thoma, I would take it higher if it does not go his way.
ReplyDeleteHuh, I thought I saw a tweet from mark begich saying John McCain was her senator now, I wonder what he knows that we don't.
ReplyDeleteMr. Thoma, I hope there is something in Palin's emails that will help you :)
ReplyDeleteYou just don't jump from State court into Federal on a whim.
ReplyDeleteI doubt it's because Sarah is now in Arizona. Lawsuits go on all the time between parties that live in different states.
It might be because the State may not be a fair place for a trial due to Palin's influence; or a Constitutional Right may have been violated.
My first thought that perhaps Sarah somehow violated his civil rights in some way.
Thoma can file a motion in federal court to try to reverse the removal, if his attorney cares. One court is probably down the street from the other in Juneau.
ReplyDeletePalin's attorney may have felt that all the state judges Palin appointed would recuse themselves, leaving judges he deemed unfriendly to her, i.e., .
I see no way Sarah could get the matter moved out of state. Everything happened in Alaska.
Just watched Conan's Sarah Palin History Channel. She continues to make a joke of herself. Think what great fake pregnancy jokes they could do if only the media would admit the truth. ("Todd, the bad news is I'm pregnant. The good news is it's not my baby.")
We have no secrets, are just goin' on vacations and family fun trips. LEAVE US ALONE. LAMESTREAM MEDIA YOU TOO!
ReplyDeletePay no attention also, too, to any emails which are to be all over the internet in just two days.
I may have once sent and received 'em, all of 'em, me and Toad, but now we are forgettin and denyin' there is anything at all to 'em. ALL OF 'EM!!!.
My initial thought is similar to Yellowgirl's, that is, SP is claiming diversity jurisdiction, i..e., SP is a resident of AZ and plaintiff is a resident of Alaska. Federal court pleadings are a matter of public record. the reasons for removal must be spelled out in the pleadings. Might be interesting to see what was filed. Also not an Alaskan lawyer but think that since the cause of action arose in Alaska, and plaintiff and witnesses live there, don't think it will transfer to AZ, as one commenter suggested. Federal judges are appointed for life (unless they want to advance or go back into private practice) via Presidential appointment with home Senator input and approval by the U.S. Senate, so don't know what advantage SP would have in federal court (although I don't know who the judge might be). General rule where I am - federal district court judges DO NOT TOLERATE B.S.
ReplyDeleteDefendants always remove to federal court if they can, but it certainly doesn't hurt that all of the federal judges in Alaska are Republican appointees.
ReplyDeletehttp://en.wikipedia.org/wiki/United_States_District_Court_for_the_District_of_Alaska#Current_judges
Not sure if they are all registered Republicans, but it is pretty rare, if not unheard of, for a president to appoint a federal judge from a different political party. So basically removing the case to federal court guaranteed it would be before a Republican judge.
Palin's case was randomly assigned to Judge Timothy Mark Burgess -- a Bush II appointee. Don't practice in Alaska, so don't know his reputation. Not to be snobby, but I would note Judge Burgess doesn't have a distinguished academic background. He went to a third-tier law school.
Well, there has to be a Motion in Alaska state court and it is probably available to the public. I can get at the federal court records, but the reason for moving it won't appear there.
ReplyDeleteThe ONLY basis I can come up with is that she is now a resident of a state other than Alaska.
We need somebody in Juneau to hoof over to the courthouse and read the Motion.
Mo legal problems = Mo $
ReplyDeleteHopefully NOT taxpayers dollars.
The days of Sarah summer....doesn't look fun to me.
Come on bots, send in your money to $arahpac, it cost lots to go court. Lawyers-investigators-reports-copies-travel for lawyer(s)-disposition of witnesses-stenographers.
Gotta love it!
The book means nothing. Bailey will be subpoenaed to testify as will other Palin staff, I'm sure.
ReplyDeleteNow we'll see who will lie under oath for Palin.
Palin fires back at Bachmann
ReplyDeletehttp://thehill.com/blogs/blog-briefing-room/news/165393-palin-aide-fires-back-at-bachmann-team-for-criticism-
Hey Bachmann, if you seriously want to get more supporters than Sarah you better get ya some mini-skirts, show some leg and wear some naughty stripper high heels. Oh, and winking at all old white men there helps..also
I think Thoma has a good case. He has documentation that he has had a problem with the tour buses in the past - under other administrations. I believe he filed a complaint or something like that with the mayor's office. In other words, he has documentation that he tried to resolve a valid issue through proper channels. He also had other neighbors who supported him in this and will back his claims up.
ReplyDeleteAnd should he win this case, he could even potentially sue for libel/slander with the accusations hurled at him by Palin.
Sounds like a free speech issue to me. The Government cannot limit your speech and Mrs. Palin, as the Governor, certainly was the Government.
ReplyDeleteShe deserves to lose and I hope she does.
Gryphen-
ReplyDeleteCan you please update us on anything you've heard about the whereabouts of RAM?
I'm starting to wonder if she's chained to a radiator in one of Frequently Defeated* Granny's homes.
*I accidentally mangled the spelling so bad that Firefox had 'defecated' as one of the suggested words! LOL
Go Thoma!
ReplyDeleteto KaJo:
ReplyDeleteIf the Plaintiff asked for jury trial, there will still be a jury trial in federal court.
If the CLAIMED damages are greater than $75,000.00 and if ALL DEFENDANTS reside outside of Alaska, any defendant may remove the case to federal court (this is called diversity of citizenship jurisdiction). This federal statute was passed years ago when big out of state companies wished to avoid "home cooking" in state courts throughout the country. (Envision a Mississipi jury after the Civil War suing a big Yankee corporation for products liability or wrongful death).
If there is no diversity of citizenship, SOMEONE (plaintiff or defendant MUST HAVE STATED a federal cause of action (civil rights violation perhaps?)
I do not believe Sarah Palin will be able to claim that she is a resident of Arizona just yet and therefore, there is probably no jurisdiction under "diversity of citizenship."
In either case, now that it is in federal court, Gryphen can DOWNLOAD ALL OF THE PLEADINGS OFF THE INTERNET. If you do not have a friend who is a member of the federal bar and who does not have a code to get the pleadings, send up a flare and I will do this for you.
-Florida attorney
is there a way to unlike?
ReplyDeletehttp://www.sarahpac.com/posts/the-american-spirit-unfortunately-missed-by-the-msm
OT, but please go vote in the Frontiersman reader's poll. At the moment, more votes have been cast saying she's ready to be president than not. And yes - if you work at it, you can vote more than once, which is how I'd bet the results got that way.
ReplyDeleteI hope Mr Thoma has Franks book or knows about it. Will one of you kind Alaskans send him a letter. I bet a lot of people would testify for him. For example others who have had the rabid wolf-like Palinbots after him. Jessie? Joe McGinniss and countless others.
ReplyDeleteSarahs decision to put Piper out there is absolutely disgusting and sick. Sarah you read here, right? You have very serious psych issues and I could care less what you do to yourself but what you do to your children and family is atrocious. You are an abusive woman. I know you are incapable of empathy but these are your children! Don't you see they are all crying out for help.
PS I am an ex GOP independent and I will vote for Obama next time. I like him. The GOP and you teabaggers think all of us are stupid. Many of us see you are only into helping the rich and corporations. Do you think we are all as dense as you and your slimy lemmings.
Christ would not approve of your words or actions Sarah. I'm starting to think you are the anti-Christ.
1. I've sent the removal petition and original complaint to Gryphen. The case was properly removed to federal court on the basis of federal question jurisdiction. The claims in Thoma's complaint arise under federal law. The case is properly in federal court.
ReplyDelete2. Anybody can open a Pacer account to gain access to all federal court filings. I don't believe you have to be an attorney. There is a very minimal fee for each document you view and download. Call Pacer at (800) 676-6856 to open an account.
Hilarious.
ReplyDelete"Begich to Palin: McCain's your senator now"
Begich ... suggested that Palin look to persuade her fellow running mate, Sen. John McCain (R-Ariz.), to open ANWR to drilling.
"I would encourage her to talk to her senator because our senators, me and [Lisa] Murkowski, already aligned on this," he said. "I know she's talked to McCain, who is her new senator where she lives.
http://www.adn.com/2011/06/08/1905984/begich-to-palin-mccains-your-senator.html
Did it sound like this?
Unlucky Unidentified Staffer:
Senator McCain? I have Sarah on line 4. The call was transfered from Begich's office. The staffer said "this is really funny- but- since it's Senator McCain's fault that she's talking about ANWR drilling instead of Crunch Wrap Supremes, it gives me great pleasure to transfer this call to your office."
Long pregnant pause, strange sounds in phone, worried look on unidentified staffer's face.
Unlucky Unidentified Staffer:
No Senator..I mean YES SIR NO SIR SENATOR SIR...LMFAO?? Senator? NO SIR! Yes Sir. I know what it means Sir and NO SIR NOT EVER!!
Unlucky and soon to be unemployed staffer:
Where the sun doesn't shine senator??? YES SIR SENATOR SIR. And transfer her to Bachmann's office you say?? YES SIR!
Sarah. I'm starting to think you are the anti-Christ.""
ReplyDeleteI have been saying this for 2 years.
Of course Palin wants to win, but if she looses SarahPac will pay her fines as well as her lawyer fees.
ReplyDeleteMust be nice to be a crook with a Pac to pay for your vacation, criminal fees and mortgage.
Palin will not be president, she just wants the title as president candidate... Title is good as gold.
2:48
ReplyDeleteShe still uses the term"Charters of Liberty"
Is she talking about the Magna Carta ?
She needs to write "Charters of Freedom" on her hand.
No respect for her highness.
ReplyDeleteAHAHAH!
http://www.adn.com/2011/06/08/1905984/begich-to-palin-mccains-your-senator.html
"I would encourage her to talk to her senator because our senators, me and [Lisa] Murkowski, already aligned on this," he said. "I know she's talked to McCain, who is her new senator where she lives."
From SarahPAC:
ReplyDelete"Even though the media too often sadly chose sound-bites over substance, they did get lots of substance during our “One Nation” tour from the nearly two dozen opportunities I got to speak candidly with them and talk about policy, politics, history, and everything in between."
How dare that lamestream media take direct quotes which make Frequently Defeated Granny look like an idiot!
This was very poor reporting by ADN. The attorney for Palin can file a motion or petition to remove the case to federal court, but Palin's attorney can't move the case. I see this as simply a move to delay the case. Time will go by as the case is first assigned to a federal judge who will read the petition, perhaps schedule oral arguments and then decide if there is any federal issue. If not, he'll kick it back to state court. This is a stall tactic if there's no clear federal issue. The petition will be on PACER as soon as a case # is assigned.
ReplyDeleteOnce again Sarah waived one of her children as the bloody shirt to loose her terribly swift but vicious and mindless cult followers.
ReplyDeleteThere are no depths to which she will not stoop when it comes to using her children as inanimate tools toward fulfilling her obsessions.
Among other things Sarah has accomplished is increasing the cost of the suit to Mr. Thoma.
ReplyDeleteIt looks to me like Sarah as per usual taking advantage of any dirty trick she can to get her way with maximum pain to her "enemy."
I mentioned the other day that she could be the anti-christ. It all fits.
ReplyDeleteIt was detailed in Bailey's book quite nicely- the smear campaign against Thoma. I wonder if, in light of now having email evidence, that is why it was moved to federal court? A sitting governor using her office and title for intimidation of a citizen?
ReplyDeletere: Palin as antichrist- I can see it. She bandies the word "evil" and "evildoers" about quite a bit and they say that when he/she comes, people will flock to that false prophet, or whatever. I don't know a whole lot about that mumbo-jumbo.
ReplyDeleteFor general questions about the court systems, litigation, changes of venue, and much more, consider:
ReplyDeleteGroklaw -- When you want to know more
but don't know where to look
http://www.groklaw.net/
One of the first three threads in each article's comments is:
Off Topic posts here
This would be a lovely place for your posts, which while off-topic for this article, are still on-topic for Groklaw in general.
Check it out...
People, people, people.
ReplyDelete"The petition will be on PACER as soon as a case # is assigned."
Please show you are smarter than Palin. The case is already on Pacer. The removal petition is already freely available to one and all. A case number was assigned when the case was removed on Monday.
Why was the case removed? Because the plaintiff's complaint alleged that his cause of action arose under federal law. It's as simple as that. No tricks, no mystery, no delaying tactics.
If you sue someone under federal law -- which is what the plaintiff did -- the defendant has the right to remove to federal court. The defendant here availed herself of that right.
How is this a federal case? Because that's what the plaintiff alleges. He alleges that Palin tried to deprive him "of his rights under the United States Constitution, including, but not limited to, his rights to free speech and to petition the government for redress of grievances." He alleges his cause of action under a federal statute, 42 USC (United States Code) Section 1983.
Van Flein's old law firm is representing Sarah. Nice to see they are still on retainer. Inquiring minds want to know if Van Flein gets a cut of the legal fees. Apparently, he's only on leave of absence from his firm to work for a year as chief of staff for Dr. Gosar, DDS, Arizona's newest anti-immigration Congressman. http://www.politico.com/news/stories/1210/46658.html
Did Palin tweet Happy Birthday Rep Gifford?
ReplyDeleteWhy not?
Anon @ 2:48 PM is there a way to unlike?
ReplyDeletehttp://www.sarahpac.com/posts/the-american-spirit-unfortunately-missed-by-the-msm
No, but I sent out a fake Tweet from there...
SarahPalinUSA: I'm crying boo-hoo about that mean ol' media that I hate again after winkin' & wigglin' to lure them on.. http://t.co/PTGzx7s
tm68 said... "It was detailed in Bailey's book quite nicely- the smear campaign against Thoma."
ReplyDeleteSince Bailey participated in Palin's smear campaigns, perhaps he could donate some of the profits from his book to defray court costs for Chip Thoma.
"the defendant has the right to remove to federal court. The defendant here availed herself of that right."
ReplyDeleteHi Van Flea ( or peon of Van Flea's office assigned to monitor IM)!!!! The defendant has the right to petition to remove a case to federal court, but the defendant does not move the case himself. The judge has to grant the motion for the case to be heard in federal court. HInt: your smug superior attitude gave you away.
It is just weird to read this post after watching the "Sarah Palin History Channel" spoof. Somehow, after watching that it just seemed going after a man this way was so Palin! I am so sick of this fraud. How can she stand being herself?
ReplyDeleteOkay, today I am doing my civic duty as a lawyer to educate people about our court system. Ignorance from the left is as tiresome as ignorance from the right.
ReplyDeleteAnd, yes, I'm talking to you at 5:34 p.m. "Hi Van Flea ( or peon of Van Flea's office assigned to monitor IM)!!!! The defendant has the right to petition to remove a case to federal court, but the defendant does not move the case himself. The judge has to grant the motion for the case to be heard in federal court. HInt: your smug superior attitude gave you away."
There is no "motion" to remove the case to federal court. The defendant files a removal petition, not a motion. The case is automatically removed upon the filing of the petition. If the judge thinks the removal was improper (untimely or no proper basis for federal jurisdiction), he or she will sometimes sua sponte remand the case back to state court or issue an "OSC" asking the removing defendant to explain why the case shouldn't be remanded (both situations have happened to me -- federal judges hate removed cases clogging up their dockets and are happy to remand if they can). Otherwise, it is up to the plaintiff to make a motion to remand (if there is a basis for such a motion and the judge didn't catch it sua sponte).
That's it. Anyway, let's sit back now and watch the show.
Any speculation on whether Queen Esther and her attendant will be called to testify? Wonder if they'll tell the whole truth? I'm sure Frank is being called since he admitted in his book he was in on it with SP (And TP?). Any ideas about RAM being called? Was she around then? Pipette? She had the lemonade stand.
ReplyDeleteFrank bailey documents the basis for the lawsuit in his book. The story is simple.
ReplyDeleteChip Thoma complains about tour bus noise and clutter in vicinity of governor's mansion- very narrow streets for non- Alaskans.
Sarah Palin organizes an effort to use her office and her staff to discredit Thoma. How?
They create a gimmick whereby Piper starts a lemonade stand (with all profits begrudgingly given to charity).
Thoma is then accused of picking on Palin's child. Sarah Palin then become a victim, hiding behind her little girl.
Bailey tells the truth in his book- Palin's goose is cooked on this one, thus the move into federal court.
Hopefully Thoma's lawyer will be smart enough to subpoena everyone who refused a lawful subpoena in Troopergate after Palin ordered her staff not to testify- witnesses hopefully will include not only the Palins, but Frank Bailey, Diane Kiesel, Annette Kreitzer, Nicki Neal, Brad Thompson, Michael Nizich, John Bitney, Ivy Frye, Kris Perry, Janice Mason, Randy Ruaro, Murlene Wilkes as well.
Why? So they can show that Palin engaged in a pattern of using state government to get perceived "enemies." The bonus will be that the truth of Troopergate, assuming the above are capable of telling the truth (we know the Palins aren't) will finally be known to all.
Does this mean SP will have to appear in court? And the television cameras will be in Alaska? No wonder she moved!
ReplyDelete@5:34 re:"Motion to remove" -- you are flat wrong. Take a look at 28 USC Sec. 1441, it's not hard to find. The case gets "Removed" from state court to Federal Court on the Defendant's Notice of Removal. It is then in Fed Court. Plaintiff can ask the Court to send it back to state court (with a "Motion to Remand" (must be filed within 30 days) or the Court can send it back itself if there is no basis for the Court's jurisdiction over it.
ReplyDeleteIF the Plaintiff's complaint says "Def violated my Constitutional Rights" the Plaintiff has asserted a Federal cause of action (a "federal question" in the parlance of our times) and Removal is proper, is not nefarious, is not a big deal.
It's just silly to argue anything else, just shows you either missed that Q in Civ Pro or are not a lawyer at all.
I hope this guy wins the case. Yellowgirl's comment hit the nail on the head, and reading that there's a federal court in Juneau may not work well for Mrs Palin, especially if Bailey testifies.
ReplyDeleteLOVE the bot comment at 1:10
Sometimes people buy by the highway because it's all they can afford, and btw, there are areas with mansions on the highway that benefit from the sound barriers.
Your analogy also applies to millionaires who buy beachfront property and have taxpayers pay to rebuild in the same spot over and over when the ocean does it's thing year after year.
I agree, people are stupid and selfish, especially Palin and her ilk.
Damn, jury duty again?
ReplyDeleteMr Foreman, having played angry birds in lieu of actually listening to that fucking crazy woman defend herself, I must vote in favor of the plantiff, of course.
And go ahead and shoot her fucking attorney. No, not this asshole, the other asshole. The van Flein Fuckwad, whatever his name is.
Or better yet, just give him 30 days in county lockup with Sarah as a cellmate. He'll be sorry, I can guaran-fuckin'-tee that.
BTW, have you Palin-idiots never heard of a fuckin' SUV? Driving a goddam over-sized RV as your redneck-bling-land barge thru NYC and Boston and Phila-fucking-delphia? Dumb fucking asshole, redneck, Andrew-Breitbart-fuckin crazy hillbillies!
My apologies to rednecks and hillbillies cuz you don't deserve the insult; my vocabulary is limited when it comes to just plain stupid-fuckin' idiot ass-bites.
From now on, we'll just say PALINS for shorthand, just like SANTORUM means... oh hell, just google it if you don't know yet. Basically, Palins and Santorums are of the same ilk.
Hey Sarah, please be sure to have Piper subpoenaed. Yeah, right... after that shitty vacation, Sarah's attorney would have to declare Piper a hostile witness. Plantiff's attorney, just ask Piper one question: what did she do on her summer vacation, and ask if she had fun. Okay that was two, but the first might be adequate.
ReplyDeletePiper's book, whenever she gets a publisher, is the book I'd love to read! She's too young to lie like her Mom, and she's about as tired of her family's shit as everybody else who has to deal with them.
Hell, just set her up a 1-900 number and I'll pay 3 bucks a minute or whatever just to hear her tell the truth about her momma.
It'll make Piper feel a whole lot better and make her richer than Sarah ten times over.
Then we'll seen what names Sarah wants to call the lame stream media.
Oh my goodness! Can you say, DISCOVERY? Please tell me this is a very competent attorney. Please.
ReplyDeletePlease. And put Piper on the witness list. That'll scare the shit out of Sarah. Because Piper might tell the truth.
In fact, she might tell the judge exactly what she thought about being on a stupid bus on what her mom called a VACATION.
1st question: Piper, did your Mommy talk to you about coming to court here?
2nd question: Does your Mommy ever tell fibs?
3rd Q: Tell me ALL about your Memprial Weekend Bus Trip, Piper. As much as you remember. And take your time. We have as long as you need. Would you like a coke or DP?
Shit, I'd be talking to a publisher about an ADVANCE for my expenses, legal and otherwise.
Just LET that cottage-cheese-thighs-and-ass nut case try to big-time me! Hell, I could raise a coupla mil just by calling the RNC and Roger Ailes--- they hate her ass even more than the Democrats!
Damn, I'm gettin' an Anthony Weiner-Boehner just thinking 'bout the grizzled grifter having to pay out some cash AND either perjure or humiliate herself. That stupid-ass will probably perjure herself AND humiliate herself. Double Bingo!
Maybe Greta can do court commentary for whatever channel used to be Court-TV. Sweet! Let van Flein sit at the defense table too. And, Todd too. I wanna see all of em have a big, fat double-decker shit sandwich together.
Hey Sarah, it ain't moose meat, but have another bite. Here's a diet Dr Pepper with a bendable straw.
Enjoy!
It is so clear to me that Palin uses (abuses) her children to manipulate attention to herself. There was another piece of Palin's malice calculated to cast Thomas as a billing who objects to the child playing on a trampoline.
ReplyDeleteHow many years has Palin used her innocent children as objects or props casting them as victims of her mentally ill dramas she invents, controls starring herself as best mother of the universe who "protects her children"?
This pattern shares an aspect of Munchusen syndrome where a mentally ill parent intentionally makes a child sick to gain attention pretending to take extreme good care, overwhelming concern for the child nag manipulate sympathy as a burdened parent.
Palin controls admiration, mega profits, incessant attention, sympathy, recruits people engaged by her lies to act out her depraved abuse over and over.
She sets these psycho dramas up calculating, orchestrating playing people like chess pieces. Cring rape of your child, child molestation, attacks is attention getting.
Todd and the heaths go along with this.
I believe she would and could fake a pregnancy.