A Slam Dunk Not Guilty


I’m headed to Tehachapi today, so just a short bit of notes, most of which were written last night, so I can beat my stupid self-imposed 0845 deadline.

The Headline that about a dozen people sent me last night read “All Seven Wildlife Refugee Occupiers, Including Ammon Bundy, Found Not Guilty.” I am on record as believing the Bundy’s are both nuts and wrong. So naturally the jury verdict is a repudiation of my opinion, right?

Yet another example of making value judgments from headlines.

In the first place, good for them. They used the system which had jurists that didn’t make every stupid excuse in the book to get out of Jury Duty and they used their authority as designed by the Framers to stop the government and nullify the charges against seven defendants.

7xirk6aeBut… keep three other facts in mind.

(1) Eleven other defendants plead guilty to the same charges. One had the charges dropped. Seven other defendants chose to be tried separately from Bundy. So “All” is kind of a stretch.

(2) A second trial of the remaining defendants will begin in February. I guarantee you that voir dire will go much, much, much differently in that trial.

(3) The Bundy’s still face yet another trial in Nevada for the nonsense there. Again, I guarantee you that trial process will be much more selective and different. 

Which brings me to my point about the 6th Amendment. Every time a person says I don’t want to be on a jury and pulls some excuse out of their butt, it takes a potential nullifier out of the pool. If you really want to get an inside view of how Jury Selection and excuses can effect the outcome of a trial, read Marcia Clarke’s Book, “Without a Doubt.” Remember how flummoxed you were that the OJ Jury couldn’t see what was obvious to you and me? THAT is why voir dire is so important, and it is why Ammon Bundy and his insane theology are free today.

Think about that the next time you get a jury summons.

The NFL has been “concerned” about the TV ratings and blames the election for the decline in viewership. But if you watch very closely on TV, you will notice that in many places, they will not show the traditional high shot of the full stadium with sell out crowds. In fact, in some places, Jacksonville, n8p49erquarterbackswitchpkg-00005616San Diego, Miami as examples, they try not to show shots of the crowd at all. As another important tell of the real level of concern the NFL has, the official attendance at certain games is no longer listed on the box score on the NFL’s official website… Once upon a time, that was a point of pride for the NFL. In San Francisco there is great concern about the half empty stands and glacial ticket sales. The standard Conservative talking head point is the reason is the Kaepernick protest and his perceived insult to NFL fans. As you know, I am a hardcore NFL fan. So I say this as someone who watches somewhere between 80% and 90% of the entire NFL season, the product on the field… sucks. The NFL is an offensive game, and whether people will admit it or not, America loves scoring. It’s why we hate soccer.

You could say the Defenses have become too strong, but they haven’t. The offenses have become inept. The product is subpar and frankly, boring. If the 49ers were 6-1 not a single fan would be dissuaded from buying a ticket. But they stink. They may be the worst team in the NFL, even if you consider the Browns, who also play before an empty house. Oh, there would be a lot of talk about Kaepernick, but the stands would be full of cheering fans willing to forgive him IF the team was entertaining and fun. It’s not.

Even the good teams, like my beloved Denver Broncos, are boring as hell, at least on offense.

Now you can say that none of this matters, that it’s “just” sports and in the midst of this “unprecedented* election,” serious people should not be paying attention to sports. Consider this. The NFL and major sports (and even minor sports) are one of the most taxpayer subsidized businesses in the country. So much so that special laws exist and Congress is charged with specific oversight of the NFL and MLB. How many billions – of tax dollars revolve around sports? Last year the NFL generated $7.24 Billion. Think about that. That’s just the NFL. Shouldn’t we be the slightest bit concerned – as taxpayers – that our investment isn’t performing up to standards this year? I believe that THE reason is the teams just stink and the game has gotten sloppy and over rule booked. But… when most people watch what’s happening, they see Kaepernick. And so the squeaky wheel gets the grease.

Kaepernick is a millionaire gold brink who can’t throw, can’t read a defense and has no team around him to even make him look competent enough to trade a first round pick QB to Kansas City and get nothing in return. But he’s not why the NFL rating are tanking. The whole league (see what happened last night) is why the NFL is tanking. And ye olde commissionaire isn’t smart enough to do anything about it.

If you happen to be one of those people tweeting, texting or commenting that Hillary Clinton caused Mike Pence’s plane to skid off the runway at La Guardia Airport yesterday, please never listen to my show or read my blog ever again. You are an idiot.

In the eyes of the law, for most crimes, there is a statute of limitations. Do you understand why? After time passes, people’s memories become less accurate. We remember clearly things that in fact, never happened. We forget things that actually did happen. It becomes unreliable, and when you are putting a person on trial for life, limb or property, you want due process to be a fair and as accurate as possible. But when you just want to talk about somebody, the same rule doesn’t apply. I’m not saying that Clarence Thomas didn’t “grope” a lawyer at a party in 1999, I’m just saying that the same standard should apply. If you cannot prove it, why do we give it any credence? That’s what we were told about the trailer park that had a dollar bill dragged through it, right?

I’m planning my next show now, so if you have anything in particular you’d like my opinions about, now’s the time to let me know. Send me a Text or voice mail (209-565-DAVE) or drop me an eMail.

*unprecedented – Adjective – without previous instance; never before known or experienced; unexampled or unparalleled – so no, I have no idea why this election is like none we’ve ever had before… 

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Posted on October 28, 2016, in 2016 Presidential, 6th Amendment, Clarence Thomas, Colin Kaepernick, Constitution, Elections, NFL, San Francisco 49ers, Supreme Court and tagged , , , , , , , , . Bookmark the permalink. Leave a comment.

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