Lawyers try to keep Bush's name out of civil rights suit. He's "toxic."

[Mandate My Ass]

For a sign of these strange times, look no farther than Upper Darby.

The traditionally Republican township is terrified to be associated with President Bush.

A lawyer representing Upper Darby in a civil-rights lawsuit went so far as to beg the judge not to allow Bush's name to be uttered in court.

It will be hard enough to find people who can be open-minded about an old man arrested for speaking his mind by holding a small sign.

If jurors hear the old man was charged with a crime for protesting Bush and the war in Iraq, they're bound to take his side.

Folks are more than fed up with the president, the township argued.

He's toxic....

At the time of Lischner's arrest, Bush's approval rating was over 50 percent.

On the eve of next week's trial, the president's numbers are about half that, give or take a few percentage points depending on who's doing the asking and answering.

Bush is drowning and could sink us, Upper Darby argued in its court filings, citing a string of sorry stats:

Bush has "the worst approval rating of an American president in a generation," the township's lawyer wrote, using italics for emphasis.

"Currently, 62 percent of Americans believe Bush's actions in Iraq show he is 'stubborn and unwilling to admit his mistakes.'

"President Bush's identity, in and of itself, presents the danger that the jury will favor plaintiff," insisted the defendant, Upper Darby.

So come on, judge, the township argued, wouldn't it be better for everyone if Lischner just said he was holding a sign in opposition of "a presidential candidate?"

http://www.philly.com/inquirer/local/nj/20070718_Monica_Yant_Kinney___President__What_president_.html

The judge, thankfully, told the township lawyers to go pound sand. I was at this protest. The guy they busted was 78 at the time. The cops were spoiling to crack our skulls. They prowled around our "pen" with their clubs drawn, laughing and sneering as the Bush supporters lined the parade route. I hope he wins "big time."

[truebrit71]

1. I hope he wins 'big time' as well....In fact, I hope it's such a big time win that the PIGS

that started this all lose their jobs due to cut backs...

FUCKING NAZI PIGS!

The last time I checked the ENTIRE COUNTRY was supposed to be a 'free-speech' zone....regardless of how that smirking simian in the WH thinks otherwise...

[sinkingfeeling]

2. Upper Darby should find themselves a new lawyer... this one fails to

recognize the law. How can a person be 'charged' with a crime and yet the circumstances surrounding it be 'hush-hush'? What is this "... was charged with a crime for protesting Bush and the war in Iraq"? How is that a crime in anybody's book?

[Mandate My Ass]

3. He actually was charged criminally with disorderly conduct

He was found not guilty. THis is his civil suit against them saying the township infringed on his 1st amendment rights. Which they most certainly did - to ALL of us there that day.

[jberryhill]

15. Minor Correction

I posted a link to the judge's order lower in the thread.

Lischner is not claiming an infringement of 1st amendment rights to speech, he is claiming a 4th amendment right against unreasonable arrest.

That's why the township's attorney saw an opening to take the "speech related" elements taken out of the case.

[Richard Steele]

4. That lawyer is requesting NAKED FASCISM in a US courtroom. He should be disbarred.

And deported.

[ChairmanAgnostic]

11. no No NO! don't you see the opportunity?

Man, you have to think like Rove for a bit. Take a situation, and frame it in an advantageous way.

So, the township wants ban the use of Bush's name during a trial. WE PUBLICIZE THIS FOOLISHNESS ALL OVER and make the Bush Admin, police and local yokels who try to stifle debate and proper dissent. Moral outrage should be our driving force, and we don't wish to squander the opportunity this foolishness has to offer.

[Richard Steele]

12. Disbarring this asshat can be PART of that- it does not preclude it.

It actually makes MORE opportunity for publicity
when reporters write stories about him fighting
the disbarment process! :evilgrin:

[hvn_nbr_2]

5. 62% of freedom-loving Americans believe Upper Darby is stubborn and ...

unwilling to admit its mistakes. Well, actually, make that 100%.

"Currently, 62 percent of Americans believe Bush's actions in Iraq show he is 'stubborn and unwilling to admit his mistakes.'"

[Mandate My Ass]

6. Upper Darby is about 50-50 right now

my neighborhood is slightly bluer but in 2000 it was wall-to-wall "Bush Cheney 00".

However, we recently got rid of Curt Weldon in my congressional district, which is an accomplishment since Dems rarely ever ran anybody against him till '06. The legal establishment is probably 90% Bush but the rest of the county is turning. There actually are some R's here who are not neocons and for whom it's possible to have a modicum of respect.

[Cha]

18. Incredible that "the legal establishment"

is pro bush..I thought Lawyers were smarter than that? Especially after disgracing the law so much.

[Supersedeas]

7. taking the side of someone speaking their mind -- how utterly quaint for Repigs

[Senator]

8. Priceless n/t

[Solly Mack]

9. and if Bush's numbers were still in the 50's, UD would be singing

a different tune...

May as well admit they had no real reason for arresting the man

[Cha]

19. Yeah, bushit's numbers were suppose

to be much better than the 50's right about now..what with that genius karl the snout rove and his political mechanisms falling into place. :wtf:

[ThomCat]

10. I hope they get buried by this.

It serves them right. x(

[Prisoner_Number_Six]

13. When found innocent, one thing the defendant should do is

insist the officer that confiscated the sign return it to him and apologize in public for what he did. I assume the sign is still in police possession and the defense will insist on them producing it as evidence...

Toxic indeed.

:rofl:

[jberryhill]

14. Full copy of Motion and Order Here

It's disappointing that in a small town like Philly, the attorney - Michael P. Laffey - doesn't even get name credit for this accomplishment.

They had to drag someone over the bridge from New Jersey to defend the township. Unsurprisingly, he and his law partner were regular contributors to conservative Republican former NJ Congressman Mike Pappas.

The actual motion is here:

http://www.johnberryhill.com/upperdarby/motion.pdf

And the judge's order (on a number of pre-trial issues) is here:

http://www.johnberryhill.com/upperdarby/order.pdf

They also wanted to keep out Lischner's CV, the text of his sign, and his humanitarian beliefs.

The motion relative to Bush, in its entirety is:

Defendant, by and through their attorney, Michael P. Laffey, hereby files this
Motion in Limine to preclude evidence identifying President George W. Bush as the
featured political candidate at the Drexelbrook Catering Facility, and avers the following
in support thereof:

1. On September 15, 2003, President George W. Bush appeared at the Drexelbrook
Catering Facility at Drexelbrook for a dinner organized by local supporters.
2. Plaintiff appeared at Drexelbrook and displayed a sign that, purportedly, opposed
the war in Iraq.

3. Plaintiff was ultimately arrested for Defiant Trespass.

4. According to the latest NEWSWEEK Poll, President George W. Bush has “the
worst approval rating of an American president in a generation.” (See May 5, 2007
MSNBC article, attached hereto and made a part hereof as Exhibit “A”).

5. Currently, sixty two per cent (62%) of Americans believe that President Bush’s
actions in Iraq show he is “stubborn and unwilling to admit his mistakes.” (See Exhibit
“A”).

6. The war in Iraq was ongoing at the time of Plaintiff’s arrest.

7. Organized protests against the war in Iraq were ongoing in the United States at the
time of Plaintiff’s arrest. (See February 16, 2003 CNN article, attached hereto and made
a part hereof as Exhibit “B”).

8. The identity of George W. Bush has no relevance to Plaintiff’s claim and should
not be admitted.

9. Alternatively, any probative value of George W. Bush’s identity is substantially
outweighed by the danger of unfair prejudice to Defendant.

10. First, President Bush’s identity, in and of itself, presents the danger that the jury
will favor Plaintiff. (See Exhibit “A”).

11. Additionally, revealing President Bush’s identity to the jury presents the danger
that the jury will infer that Plaintiff was protesting the war in Iraq (a war that is as
popular among Americans as the war in Vietnam).

12. Plaintiff’s political affiliation played no part in the decision to arrest him; thus, the
identity of Plaintiff’s political foes has no relevance and should play no part in the jury’s
decision.

13. It will be sufficient for Plaintiff to testify that he displayed a sign in opposition of
a “presidential candidate.”

WHEREFORE, Defendant respectfully requests that this Honorable Court preclude
evidence identifying President George W. Bush as the featured political candidate at
Drexelbrook.

[Cha]

16. "Stubborn and unwillling to admit his mistakes"..

is euphemistic for "he's out of his bleedin' 'ead, mate!"

Karma's a Beyatch! And retribution is owed this man, Harold Lischner!

"The president(sic) is still the president(sic)..it's not like we're talking about charles manson here"..wanna bet?

How many people has bushit killed?

[brentspeak]

17. Isn't Kobe Bryant from Upper Darby?

Or maybe it was Todd Rundgren.