NBS quoted in CityBeat!
January 19, 2007 05:37 PM
Well this is fun! We've been quoted in CityBeat. You know, a real publication that puts ink on paper and sells advertising and everything!
This all stems from back when we were talking about the anti-war protestors who were arrested for trespassing at Steve Chabot's office. Their attorney had announced that they were going to subpoena Donald Rumsfeld to testify at their trial. They were going to "put the war on trial," and get Rumsfeld on the witness stand to interrogate him about it.
We thought the very notion was laughable and still do. The Defendants were apparently going to raise a necessity defense. That basically means that they'd argue that violating the law was necessary, because they done it to save innocent lives. For example, if you see someone drowning, and have to trespass on someone else's property to save them, you can say that your trespass was a necessity, and get off the hook on trespass charges.
The protestor's problem, however, is that the case law is clear that what one is doing out of "necessity," actually has to be necessary. Protesting the war in Iraq from a Congressman's office in Ohio is never going to be necessary. There's no connection between protesting here and saving a life there. Sorry Protestors, but it's true.
But anyway, CityBeat is out with an update on all of this:
Critics have blasted the protesters, saying that sit-ins are an ineffective method for changing other people's views and that the effort to force Rumsfeld to testify was a publicity stunt.
"Whether or not he agrees with this president's policies is not an issue," says Assistant City Prosecutor Elizabeth Tye. "What is at issue is that Mr. Flannery trespassed at Mr. Chabot's office."
One local lawyer, who is a conservative Republican, wrote on his blog, "The necessity defense is actually a viable defense in criminal cases, but certainly is not under these circumstances."
In his ruling, Stockdale essentially agreed, stating that Rumsfeld's testimony would be irrelevant.
That's us! We are that "one local lawyer, who is a conservative Republican." What a nice description! Who knew we'd get such slathering press from CityBeat? It's just about the nicest thing anyone could possibly say. And they even helpfully point out that Judge Stockdale agreed with NBS in his ruling. It's almost like we know what the law is around here.
But we're more excited about the way CityBeat fawns all over us. "One local lawyer, who is a conservative Republican." We'll have to give mom a copy for the fridge!