Cecil the Lion

30 07 2015

 By Timothy D. Naegele[1]

In an article entitled, “Killer of Cecil the Lion Finds Out That He Is a Target Now, of Internet Vigilantism,” the New York Times has reported about the killing of “Cecil,” a 13-year-old lion that was lured out of his sanctuary in Zimbabwe and killed this month by a Bloomington, Minnesota dentist.

The lion was lured out by pieces of meat that had been left just outside the boundary of his territory, where no hunting is allowed and anti-poaching patrols operate.  It has created an international outcry and furor.[2]  As the Times has reported:

In the hours since Dr. Walter J. Palmer apologized for killing the lion, he has gone from a dentist and longtime hunting enthusiast to a villain at the center of a firestorm over the ethics of big-game trophy hunting.

. . .

[He has] joined an ever-expanding group of people who have become targets of Internet vigilantism, facing a seemingly endless shaming. . . .

. . .

[A]ctivists used search engines to find his contact information and social media to share information about his business and his family, stirring a fever pitch of anger strong enough to effectively dismantle his digital life.

. . .

Cecil had been closely studied by researchers at the University of Oxford since 2008 as part of efforts to study a decline in Africa’s lion population and to better understand the threats the animals face. The university’s Wildlife Conservation Research Unit said in a statement that Cecil’s adult “brothers” and cubs would probably be killed by other male lions seeking dominance in the community.

. . .

According to the Zimbabwe Conservation Task Force, the lion was shot with a crossbow after he was lured out of the sanctuary, following the scent of food. Cecil, well known to those who visited Hwange National Park in western Zimbabwe for his jet black mane, was only injured by the arrow. The hunters tracked him for about two days before he was killed with a gun, conservation officials said. He was beheaded and skinned, his corpse left to rot.[3]

Palmer has been called a “Murderer!” and a “Terrorist!”  Indeed, the UK’s Daily Mail has reported: “Horrifically maimed by an arrow, Cecil managed to stay alive for 40 hours.”  Also, he was an alpha male lion and leader of his pride of two lionesses and six cubs; and he was “known for his imperious attitude towards tourists on game drives.”

The Daily Mail added:

He was named Cecil after Cecil Rhodes, the British mining magnate, having first been spotted in 2008 at a place called White Man’s Watering Hole inside Zimbabwe’s famous Hwange National Park, and subsequently given a collar to track his movements for an Oxford University project.[4]

According to the Times, the U.S. Fish and Wildlife Service proposed last October to list the African lion as threatened under the Endangered Species Act, “a move that would also establish guidelines for permitting the importing of lion trophies.” The proposal is still under review and has not been adopted yet.[5]

How tragic and utterly senseless.  Sir Roger Moore of James Bond fame has written in the UK’s Telegraph:

[H]unting is a coward’s pastime, and no one has demonstrated that more clearly than [Palmer], who apparently paid over £30,000 to gun down a lion to add his head to a trophy wall.  . . .  [I]t’s detestable that anyone would choose to get thrills from killing others who ask for nothing from life but the chance to remain alive.  The animals whose lives he has so cold-heartedly snuffed out have precisely the same capacity to feel pain and suffer as we do. All leave family members or mates behind when they’re killed, and none is exempt from grief.[6]

© 2015, Timothy D. Naegele

EMXP61 Image shot 2014. Exact date unknown.

Cecil the Lion (New York Times‘ Video)


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He and his firm, Timothy D. Naegele & Associates, specialize in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See http://www.nytimes.com/2015/07/30/us/cecil-the-lion-walter-palmer.html; see also http://www.dailymail.co.uk/news/article-3179280/Agonising-hours-lion-king-Cecil-one-man-s-deadly-vanity.html (“Agonising last hours of an exhausted and horrifically maimed lion king and one man’s deadly vanity that led to its trophy killing”)

[3] See id.

[4] See http://www.dailymail.co.uk/news/article-3179280/Agonising-hours-lion-king-Cecil-one-man-s-deadly-vanity.html

[5] See http://www.nytimes.com/2015/07/30/us/cecil-the-lion-walter-palmer.html

[6] See http://www.telegraph.co.uk/news/worldnews/africaandindianocean/zimbabwe/11771713/Cecil-the-lion-Sir-Roger-Moore-says-hunting-is-a-cowards-pastime.html (“Sir Roger Moore on Cecil the lion: ‘Hunting is a coward’s pastime’”)





Global Chaos And Helter Skelter

1 07 2015

 By Timothy D. Naegele[1]

For many Americans, the world seems upside down or topsy-turvy, and headed for unbelievable—if not unprecedented—chaos, calamity and helter skelter.  This is true economically, militarily, socially, and in countless other ways.  Countries and regions are coming apart at the seams; accepted institutions are attacked; lives are uprooted, or ended in truly savage ways; and little seems sacred or even predictable anymore.  Many lives appear to move at light speed, while others barely move at all.[2]

An unfathomable global economic crash is predicted, unlike anything that we have witnessed in our lifetimes.[3]  The murderous Russian dictator Vladimir Putin has seized portions of Georgia and Ukraine (including Crimea), and may expand his aggression into Europe.[4]  China is flexing its muscles in the Pacific[5]; North Korea continues to be a loose cannon[6]; the Middle East is imploding, with much worse yet to come; and terrorists stalk the world, creating death and destruction.[7]  Human trafficking flourishes, while there are problems with adoptions and illegal immigration.[8]

Accepted views of marriage are being rewritten; and divorces occur too often.[9]  The inmates are running the asylum.  Organized religion is under attack.[10]  America’s history is challenged for being racist, with attempts being made to rewrite it.  Riots have been occurring in American cities, provoked by hoods, thugs and criminals.  So-called man-made “global warming” and “climate change” are being pushed worldwide, even though it is clear that our planet has gone through warming and cooling periods for millions of years.  Also, other natural disasters are occurring.[11]

Americans’ trust in business[12], Congress and our elected officials[13], the law and judiciary[14], the police, government in general—and in the future—are shaken each and every day.  The old “norms” seem to be gone.  Replacing them appears to be anarchy, certainly in the Middle East and Africa, where countries and regions are fragmenting, and order and the value of human lives are in short supply.  Those who stay abreast of the news see barbarism in action, which is all too reminiscent of what is portrayed in Hollywood films.

Yet, whether one is a Republican or a Democrat or an Independent or something else—and regardless of one’s skin color, ethnicity or religious beliefs—there is hope and plenty of it.[15]  We are Americans!

© 2015, Timothy D. Naegele

Bald Eagle and American Flag --- Image by © Ocean/Corbis


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He and his firm, Timothy D. Naegele & Associates, specialize in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See https://naegeleblog.wordpress.com/2012/04/25/is-google-becoming-microsoft-or-worse/ (“Is Google Becoming Microsoft Or Worse?”) and https://naegeleblog.wordpress.com/2011/07/29/are-colleges-dinosaurs/ (“Are Colleges Dinosaurs?”) and https://naegeleblog.wordpress.com/2012/02/07/poverty-in-america/ (“Poverty In America”).  But see https://naegeleblog.wordpress.com/2010/05/12/what-and-where-is-god/ (“What And Where Is God?”)

[3] See https://naegeleblog.wordpress.com/2010/09/27/the-economic-tsunami-continues-its-relentless-and-unforgiving-advance-globally/ (“The Economic Tsunami Continues Its Relentless And Unforgiving Advance Globally”) and https://naegeleblog.wordpress.com/2010/05/16/will-the-eus-collapse-push-the-world-deeper-into-the-great-depression-ii/ (“Will The EU’s Collapse Push The World Deeper Into The Great Depression II?”) and https://naegeleblog.wordpress.com/2009/12/16/the-great-depression-ii/ (“The Great Depression II?”) and http://www.realclearpolitics.com/news/tms/politics/2009/Apr/08/euphoria_or_the_obama_depression_.html (“Euphoria or the Obama Depression?”) and http://marketshadows.com/2012/05/21/greenspans-legacy-more-suffering-to-come/ (“Greenspan’s legacy: more suffering to come”) and http://www.americanbanker.com/issues/173_212/-365185-1.html (“Greenspan’s Fingerprints All Over Enduring Mess”)

[4] See https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/ (“Russia’s Putin Is A Killer”)

[5] See https://naegeleblog.wordpress.com/2011/01/13/china-is-americas-enemy-make-no-mistake-about-that/ (“China Is America’s Enemy: Make No Mistake About That”)

[6] See https://naegeleblog.wordpress.com/2010/12/22/the-next-major-war-korea-again/ (“The Next Major War: Korea Again?”)

[7] See https://naegeleblog.wordpress.com/2012/03/08/the-madness-of-benjamin-netanyahu/ (“The Madness Of Benjamin Netanyahu”) and https://naegeleblog.wordpress.com/2010/02/20/israels-senseless-killings-and-war-with-iran/ (“Israel’s Senseless Killings And War With Iran”) and https://naegeleblog.wordpress.com/2010/02/06/the-silent-voices-of-stalin’s-soviet-holocaust-and-mao’s-chinese-holocaust/ (“The Silent Voices Of Stalin’s Soviet Holocaust And Mao’s Chinese Holocaust”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/ (“EMP Attack: Only 30 Million Americans Survive”)

[8] See https://naegeleblog.wordpress.com/2009/12/28/human-trafficking/ (“Human Trafficking”) and https://naegeleblog.wordpress.com/2010/04/15/problems-with-foreign-adoptions/ (“Problems With Foreign Adoptions”) and https://naegeleblog.wordpress.com/2010/07/30/illegal-immigration-the-solution-is-simple/ (“Illegal Immigration: The Solution Is Simple”)

[9] Even the great Alexander is rumored to have been bisexual, inter alia, because those were the mores of the day.

See https://naegeleblog.wordpress.com/2010/01/17/alexander-the-great/ (“Alexander the Great”)

See also https://naegeleblog.wordpress.com/2011/07/14/divorces/ (“Divorces”) and https://naegeleblog.wordpress.com/2012/12/20/abortions-and-autos-kill-more-in-america-than-guns/ (“Abortions And Autos Kill More In America Than Guns”)

[10] See https://naegeleblog.wordpress.com/2015/06/04/the-duggar-family-v-anti-christians/ (“The Duggar Family v. Anti-Christians”) and https://naegeleblog.wordpress.com/2010/04/05/the-catholic-church-at-a-crossroads/ (“The Catholic Church At A Crossroads”)

[11] See https://naegeleblog.wordpress.com/2010/09/08/earthquakes-the-big-one-is-coming-to-at-least-los-angeles/ (“Earthquakes: The Big One Is Coming To At Least Los Angeles”)

[12] See, e.g., https://naegeleblog.wordpress.com/2010/01/04/toyota-and-lexus-vehicles-are-unsafe/ (“Toyota And Lexus Vehicles Are Unsafe”)

[13] See https://naegeleblog.wordpress.com/2012/01/29/are-all-tea-partiers-wackos-misfits-and-extremists/ (“Are All Tea Partiers Wackos, Misfits And Extremists?”) and https://naegeleblog.wordpress.com/2010/11/12/sarah-and-todd-palin-the-big-winners/ (“Sarah And Todd Palin: The Big Winners?”) and https://naegeleblog.wordpress.com/2010/10/04/john-f-kennedy-the-most-despicable-president-in-american-history/ (“John F. Kennedy: The Most Despicable President In American History”) and https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/ (“Washington Is Sick And The American People Know It”) and https://naegeleblog.wordpress.com/2010/04/23/is-financial-reform-simply-washingtons-latest-boondoggle/ (“Is Financial Reform Simply Washington’s Latest Boondoggle?”) and https://naegeleblog.wordpress.com/2010/03/31/the-rise-of-independents/ (“The Rise Of Independents”); see also https://naegeleblog.wordpress.com/2009/12/17/is-redemption-possible-for-tiger-woods/ (“Is Redemption Possible For Tiger Woods?”); and https://naegeleblog.wordpress.com/2013/03/01/is-obama-the-new-nixon/ (“Is Obama The New Nixon?”) and https://naegeleblog.wordpress.com/2010/12/03/barack-obama-is-a-lame-duck-president-who-will-not-be-reelected/ (“Barack Obama Is A Lame-Duck President Who Will Not Be Reelected”) and https://naegeleblog.wordpress.com/2010/09/09/are-afghanistan-iraq-and-pakistan-hopeless-and-is-the-spread-of-radical-islam-inevitable-and-is-barack-obama-finished-as-americas-president/ (“Are Afghanistan, Iraq And Pakistan Hopeless, And Is The Spread Of Radical Islam Inevitable, And Is Barack Obama Finished As America’s President?”) and https://naegeleblog.wordpress.com/2010/09/01/the-speech—is-barack-obama-smoking-pot-again/ (“The Speech—Is Barack Obama Smoking Pot Again?”) and https://naegeleblog.wordpress.com/2010/01/20/the-end-of-barack-obama/ (“The End Of Barack Obama”) and https://naegeleblog.wordpress.com/2010/01/01/barack-obama-america’s-second-emperor/ (“Barack Obama: America’s Second Emperor?”) and https://naegeleblog.wordpress.com/2009/12/26/obama-in-afghanistan-doomed-from-the-start/ (“Obama In Afghanistan: Doomed From The Start?”) and https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/ (“Is Barack Obama A Racist?”); but see https://naegeleblog.wordpress.com/2015/01/03/edward-w-brooke-is-dead/ (“Edward W. Brooke Is Dead”) and https://naegeleblog.wordpress.com/2014/01/06/ariel-sharon-is-missed/ (“Ariel Sharon Is Missed”) and https://naegeleblog.wordpress.com/2010/03/22/jefferson-lincoln-and-america/ (“Jefferson, Lincoln And America”) and https://naegeleblog.wordpress.com/2010/03/21/ulysses-s-grant-an-american-hero/ (“Ulysses S. Grant: An American Hero”) and https://naegeleblog.wordpress.com/2010/02/12/ansel-adams-has-an-heir/ (“Ansel Adams Has An Heir”)

[14] See https://naegeleblog.wordpress.com/2014/09/08/the-state-bar-of-california-is-lawless-and-a-travesty-and-should-be-abolished/ (“The State Bar Of California Is Lawless And A Travesty, And Should Be Abolished”) and https://naegeleblog.wordpress.com/2013/07/15/justice-and-the-law-do-not-mix/ (“Justice And The Law Do Not Mix”) and https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/ (“The United States Department of Injustice”) and https://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/ (“The American Legal System Is Broken: Can It Be Fixed?”) and https://naegeleblog.wordpress.com/2010/01/31/lawyers-and-internet-scams/ (“Lawyers And Internet Scams”)

[15] See, e.g., https://naegeleblog.wordpress.com/2010/05/12/what-and-where-is-god/ (“What And Where Is God?”) and https://naegeleblog.wordpress.com/2010/03/20/ronald-reagan-and-john-f-kennedy-a-question-of-character/ (“Ronald Reagan and John F. Kennedy: A Question of Character”) and https://naegeleblog.wordpress.com/2010/02/26/america-a-rich-tapestry-of-life/ (“America: A Rich Tapestry Of Life”)





The Duggar Family v. Anti-Christians

4 06 2015

 By Timothy D. Naegele[1]

All Hell has broken loose on American TV and in media outlets around the world because one of the stars of the very popular TLC reality show, “19 Kids and Counting,” fondled younger girls including his sisters when he was a minor—age 14 to 15.  He confessed this to his parents; and the girls were sleeping when it happened, and they learned about it from their parents.

The family has been targeted by non-Christians, anti-Christians, Gays, Lesbians and others, who have definite agendas.  The parents voluntarily reported the incidents to the police; and the sealed juvenile records have been released illegally.  The Duggars feel betrayed; and there is little question that they have been victimized by others.

Also, there is no question about what was done by the minor: it was wrong, and the Duggars made this clear to their son and to the rest of their family when they learned of it.  Far too often, apparently, members of families “grope” other members, especially when all are juveniles.  Whether it is part of the learning process about sexuality or not, it becomes a crime when the perpetrator is no longer a child.

The show focuses on the life of the Duggar family who are devout Independent Baptists, and frequently discusses values of purity, modesty, and faith in God.  For those of us who have grown up in Hollywood (or Los Angeles), and known people in the movie, TV and other entertainment businesses, one wonders why anyone would want cameras intruding in their lives day after day, and why they would want their lives to be an “open book.”

Perhaps those who have attacked the Duggars are jealous of their popularity, or offended by their Christian beliefs.  Nonetheless, the rage and hate that have been directed at this family lately—as reported repeatedly by the UK’s trashy Daily Mail and other media outlets—are almost unfathomable.  The family members are called hypocrites; Christian beliefs are castigated; and the family seems to have become a lightning rod for the disgruntled and haters of this world.

Surely, as people are being killed savagely in the Middle East and elsewhere, and dying as a result of other human tragedies, the focus should be turned elsewhere.  As Jesus said:

He that is without sin among you, let him first cast a stone at her.[2]

No one is without sin, period.

© 2015, Timothy D. Naegele

Duggar family


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See John 8:7, King James Version; see also https://www.biblegateway.com/passage/?search=John+8:6-8&version=KJV





Edward W. Brooke Is Dead

3 01 2015

 By Timothy D. Naegele[1]

He is gone, and it is sad.  He was not a rock star or a celebrity in today’s terms; and most Americans have never heard of him.  But he should be remembered; and I will always remember him fondly.  He was a trailblazer.

Brooke was a black man, and I was a white man, more than 20 years his junior.  He hailed from Massachusetts, and my home was California, on the opposite sides of the continent—and seemingly worlds apart.  We were both lawyers, and we enjoyed laughing together; and perhaps this is what I will remember most about him.  He had a charming, infectious laugh; a wonderful smile; and a good sense of humor.  I believe he tried to do his best, and I did too; and our paths crossed purely by chance.

I was an Army captain—fresh out of the Pentagon during the Vietnam War—when I went job hunting on Capitol Hill.  Before the military, I had worked briefly for a prestigious law firm in San Francisco, after graduating from law school at Berkeley.  They had offered me a job when my two-year Army commitment was finished; and instead, I wanted to work on the Hill, which I thought would be more exciting and a once-in-a-lifetime opportunity, before I returned to California.

As chance would have it—after having “back-up” offers from the Justice Department and the SEC—I was not hired to work for Senator Alan Cranston of California, which is what I really wanted to do.  His staff was headed by someone from New York, who seemingly cared nothing about my love for California, or my connections and credentials, because apparently he wanted to propel Cranston into the foreign policy arena nationally.  I even offered to work free for a month, so I could demonstrate my talents and enthusiasm, but it came to naught.

In the process of “pounding the corridors” on the Hill, an acquaintance told me that Ed Brooke was looking for someone to staff him on the Senate Banking Committee, which seemed to be an ideal fit.  In college, I had worked two summers as a relief teller at lots of branches of a Southern California bank.  Also, I was in the midst of finishing a second law degree at Georgetown’s law school, the LLM, with emphasis on international trade law that related to the committee’s oversight responsibilities.  I never met the senator nor knew much about him before I was hired by his very talented and superb chief of staff—or “Administrative Assistant”—Dr. Alton Frye.  He and I hit it off; and the next thing I knew, I had been hired.

Officially, I was on the “minority” or Republican staff of the committee—because the Democrats controlled the Senate—and the senator was one of the committee’s ranking GOP members.  Unofficially, I worked for the senator on legislative matters and speeches and dealing with constituents.  It was heady work, and I enjoyed it immensely.  John Sparkman of Alabama was the committee’s chairman; and he had been the Democratic Party’s nominee for Vice President in 1952, running on the ticket of Adlai Stevenson, when Dwight Eisenhower and Richard Nixon trounced them.

Also, Bill Proxmire of Wisconsin was on the committee, who turned out to be one of the finest public servants I have ever met.[2]  Other senators included Ed Muskie from Maine, who ran for the presidency; Walter “Fritz” Mondale from Minnesota, who became Jimmy Carter’s Vice President and ran for the presidency himself against Ronald Reagan in 1984; and Charles “Chuck” Percy of Illinois, who had been president of Bell & Howell before he entered the Senate, and whose daughter married Senator Jay Rockefeller of West Virginia.

On the committee staff, where my official title was “Assistant Counsel,” the first thing that I did was staff the Presidential Commission on Mortgage Interest Rates, which was an education unto itself.  We met in a room off the Capitol rotunda; and it was a joint Senate-House commission, chaired by Sparkman and Congressman Wright Patman of Texas.  Sparkman was 70 and Patman was 76; and both legislators were wily and shrewd like few people whom I had met in my life, up to and including today.  Also, both were delightful human beings.

Ed Brooke had been elected to the Senate two years before I arrived, so he was still very junior in terms of seniority.  However, because he was the first black U.S. senator since Reconstruction after the Civil War—with Barack Obama being the third—he was afforded a certain amount of respect and responsibility.  He had been Massachusetts’ Attorney General, and he was smart and charming; and his colleagues in the Senate seemed to genuinely like him.

I was responsible for the senator’s legislative matters pertaining to banking, securities, international trade, and housing.  The committee’s jurisdiction included oversight of the Federal Reserve Board, the Treasury Department, HUD, the SEC, and the bank regulatory agencies such as the FDIC.  Among other things, I participated in drafting laws, in addition to assorted bills on various subjects such as Standby Letters of Credit.  Most importantly though, I authored the Anti-Tying Provision of the Bank Holding Company Act Amendments of 1970, which remains the only federal antitrust law enacted by Congress that deals specifically with predatory lending practices by banks and other financial institutions.[3]

Also, I authored two pieces of housing legislation as part of the Housing and Urban Development Acts of 1969 and 1970, with respect to which I will always be very proud: the “Brooke Amendment” relating to public housing; and the national “Housing Allowance” program, which morphed into the Section 8 housing program that has helped millions of Americans.  Unfortunately, there is scant mention of the first program in the senator’s book, “Bridging the Divide: My Life”—which is contained in one paragraph.[4]  No mention of the second program is made at all, yet both have helped enormous numbers of poor Americans, many of them elderly.

Others contributed to the writing of Ed’s book; I did not.  Presumably they had no idea about the origins of the Brooke Amendment, nor how many Americans were helped by it and Section 8.  The senator told me one day that he was concerned about the plight of public housing tenants in Massachusetts, especially the elderly.[5]  Hence, I went to work and tried to determine what could be done.  One person who was central to my efforts was a wonderful black man, the late Tony Henry, who headed a group called the National Tenants Organization.

Tony gave me the idea of capping the rents that public housing tenants paid at 25 percent of their incomes, with the federal government picking up the difference; and providing other financial assistance to the crime- and poverty-stricken projects.  This became the Brooke Amendment; and in turn, the Housing Allowance program was an outgrowth of that—without tying the government assistance to particular projects, but providing “vouchers” that allowed the poor to choose.  Literally millions of Americans have been helped; and without the senator, it never would have happened.  Indeed, I used to read handwritten thank you letters to Brooke from the elderly, which moved one to tears.

Members of his personal staff and I established a summer program for disadvantaged kids in Massachusetts—on behalf of the senator, in conjunction with the Pentagon—which involved underutilized military facilities in the State, such as the Boston Navy Yard and Otis Air Force Base.  This wonderful idea came to me from the late Bob Goralski of NBC News; and the program served approximately 100,000 kids during its first year alone, which was impressive.  The senator and I traveled to Massachusetts with then-Secretary of Defense Melvin R. Laird to review the program and its progress.

Prior to his reelection campaign in 1972, the senator asked me to head his Senate staff, as his Administrative Assistant, which I did—even though I was a Californian.  However, he never really had any serious challengers, so our elaborate campaign plans were truncated, and the job proved to be boring.  I was not happy, because I wanted to work on substantive matters; and it turned out to be a mistake.  The senator was gracious as always; and as we had agreed, I left the Senate in January of 1973 following his reelection, to join a Washington law firm as a partner.

Thereafter, I represented all of the banks in Massachusetts, the Prudential Insurance Company of America and other clients, and came in contact with the senator and his staff on a regular basis.  He was helpful and kind; and I always wanted the best for him.  He had been mentioned as a possible vice presidential candidate at times, but it never came to pass.  He divorced and remarried; and from all accounts, his second marriage was happy and fulfilling, to a wonderful woman, which pleased me greatly.

In the final analysis, how would I rate the man, based on my years with him—and being around other important figures in contemporary history?  He never reached his full potential politically, although he achieved a great deal.  Among other things, he was honored with the Presidential Medal of Freedom and the Congressional Gold Medal.  The courthouse in Boston bears his name; he is the only African-American reelected to the Senate; and a school was named in his honor.[6]

Perhaps the most important comparison might be to Barack Obama.  In a sense, Ed Brooke paved the way for Obama’s presidency.  There is no doubt about the intelligence of both politicians.  However, Obama was elected to the presidency when he was 47, while Brooke was elected to the Senate at the same age.  Obama shot into the stratosphere politically, while Brooke never had that chance.  I believe he knew it, although he was flattered when people mentioned him for the national ticket.

Brooke did not try to change America because of any hatred of whites or our capitalist system.  After reading Obama’s “Dreams from My Father,” most Americans will have few if any doubts why he associated with and befriended Weather Underground co-founder Bill Ayers and Rev. Jeremiah A. Wright Jr.  Their radical views seemed consistent with his.[7]  Ed Brooke was not a radical, or even close.  He grew up on the American mainland; whereas, Obama grew up in Hawaii and Indonesia, and never set foot on the American mainland until he attended Occidental College in Southern California.

Brooke was an American, and proud to be one.  He did not engage in class warfare like Obama has.  He did not have deep-seated racial anger, nor exacerbate racial tensions and violence.  And he was not a Narcissistic demagogue like Obama is.  Brooke grew up with a stable family life; Obama did not.  I have zero doubts that both men faced unbelievable discrimination because of their skin color, especially Brooke—because of the times when he grew up.  However, I never experienced any racism on his part.  Because he was a U.S. Army officer in Italy during World War II, where he saw combat, there was no anti-military hostility or prejudice like Obama has.

If Brooke had an Achilles’ heel or more than one, they involved women and possible links to the Mafia, which were unsettling.  His affairs with white women such as Barbara Walters have been documented.  However, most disturbing were his affairs with young white women on his Senate staff, before I arrived in his offices.[8]  Many of their lives were changed forever by the experiences.

The first links to the Mafia apparently arose during his tenure as Attorney General, and continued when he was in the Senate.  I met his “contact”—to whom I shall refer as “Norman”—when he visited the senator on numerous occasions in the Russell Senate Office Building.  Indeed, the man advised me against investing with the senator on the island of Saint Martin (also Sint Maarten) in the Caribbean, where the senator owned a home and came to know Anne, his lovely second wife and the mother of his son.  I always appreciated the advice, and knew it was for my protection and well being.

Perhaps it is these “skeletons” that prevented him from achieving more—or maybe it was simply the racism of the times.  No one may ever know.  Most of the senator’s professional staff was white; and the only black member who worked for him while I was involved became very dissatisfied because the senator was not more “active” on the issues that concerned their race.  However, I will never forget that a black man gave a young white man, me, a chance to work at the highest levels of American government; and I will always be deeply appreciative of this.

I am sad that Ed Brooke is gone.  He is missed.  He was not perfect; no one is.  Yet, he made a difference—in Massachusetts, Washington, D.C., and in American politics and life.  He was an American leader before Barack Obama was even born; and he was a conciliator, not a rabble-rouser or racist.  And I will always remember his wonderful smile and laugh.

© 2015, Timothy D. Naegele

Ed Brooke


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-1799 (“When A Giant Named Senator Bill Walked Through Washington”)

[3] See 12 U.S.C. § 1972; see also Timothy D. Naegele, “The Bank Holding Company Act’s Anti-Tying Provision: 35 Years Later,” 122 Banking Law Journal 195 (March 2005); “The Anti-Tying Provision: Its Potential Is Still There,” 100 Banking Law Journal 138 (1983); and “Are All Bank Tie-Ins Illegal?” 154 Bankers Magazine 46 (1971) (http://www.naegele.com/whats_new.html#articles).

[4] See Edward W. Brooke, “Bridging the Divide: My Life,” p. 177.

[5] Many of these elderly were black; and they were preyed on and intimidated by young black thugs and hoods in the public housing projects and elsewhere.  Tragically, this happens all too often today; and Ed Brooke wanted to put a stop to it.

[6] See, e.g.http://en.wikipedia.org/wiki/Edward_Brooke

[7] See https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/

On most issues, I was politically in tune with Ed Brooke; I am not with Barack Obama.

See, e.g., https://naegeleblog.wordpress.com/2013/03/01/is-obama-the-new-nixon/ (see also the footnotes and comments beneath the article)

[8] One of the women told me that her goal was to bed the senator, which was consummated later—many years before he and Anne were married.

See also https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/#comment-2830 (“The Truth About Martin Luther King, Jr. Emerges . . . Finally”)





The State Bar Of California Is Lawless And A Travesty, And Should Be Abolished

8 09 2014

 By Timothy D. Naegele[1][2]

When I took and passed California’s bar examination and became a lawyer and a member of The State Bar of California, I was very proud of what I had accomplished.  I worked hard in law school at Berkeley—and later at Georgetown, for a second law degree—and I considered it an honor to be a member of the State Bar . . . but not anymore.  Under former California Governor Pete Wilson, for all intents and purposes, it was put out of business; and its uselessness was exposed for all to see, like the emperor in Hans Christian Andersen’s fairy tale, “The Emperor’s New Clothes.”[3]

This stinging indictment should have been a wake-up call for California lawyers.  However, the State Bar has come roaring back with a vengeance; and it is worse than ever, and a true disgrace.  Once again it is a “rogue” trade association; a waste of its members’ and taxpayers’ monies; and a travesty.  It should be eliminated permanently, with its staff sent looking for other jobs.[4]  Or at the very least, it should become voluntary, with its disciplinary functions transferred to an independent arm of California’s Supreme Court—and its present staff of rogue prosecutors eliminated completely.

Today, I am ashamed to be a member of the State Bar; and I never thought that I would come to that conclusion.[5]  It is like belonging to a private club that discriminates, and is run by an inbred clique or cabal.  At best, it is a third-rate trade association—and Sacramento and Washington, D.C. are full of them.

Undergraduates in colleges, and others who enter law schools in California, have been lulled into the belief that being a lawyer is some “magical” ticket to success—which it is not—and that it is an honorable profession to join.  What they do not realize is that very successful lawyer friends of mine and I have recommended for many years that our kids and others never become lawyers or practice law . . . albeit I am proud of what I have accomplished as a lawyer.[6]

The value of this advice will be even more evident as California’s economy deteriorates during the balance of this decade, and fewer Californians are able to afford legal services.  The State Bar has defrauded would-be lawyers by failing to disclose that the debt obligation a legal education entails may encumber the students (or their parents) for much of their lives, and there may be no jobs when they graduate.[7]

A $15-an-hour job as a non-lawyer will not service a $150,000 debt incurred during law school, yet the State Bar never discloses this because it is knee-deep in fraud itself.  The first goals of any trade association are to perpetuate its existence and full-time employment for its staff members, which the State Bar has been doing with gusto since it essentially went out of business.[8]

Also, the State Bar has done almost nothing to police abuses by lawyers in California, relating to fraud in mortgage lending and other activities.  It has wasted valuable resources pursuing “minnows,” all the while allowing the “big fish” to escape unscathed.  It has never gone after the lawyers at Countrywide who participated in and/or condoned predatory lending practices; and one of Countrywide’s lawyers even testified on the State Bar’s behalf in a predatory lending case[9].

Equally disturbing, disconcerting and odious is the fact that divorce lawyers prey sexually on their vulnerable and distraught clients.  They should be automatically disbarred; and the State Bar is culpable and morally reprehensible for failing to act.  As in the case of other professionals—such as medical doctors and psychiatrists who prey on their vulnerable patients—the most stringent sanctions must be imposed, but they are not.  The State Bar turns a blind eye, which undermines any notions of morality and propriety that it purports to represent.

Its failure to disbar these divorce lawyers is inherently repugnant.  Women’s rights organizations especially should be up in arms, protesting the State Bar’s culpability.  Anyone is vulnerable during divorce proceedings, and this is particularly true of women.  Yet the State Bar does nothing.  If some lawyers can act with impunity in the context of divorces, what use is the State Bar to society—or to those lawyers whose conduct is above reproach?

Unlike the District of Columbia Bar, of which I am proudly a member—for example, because (1) it is more prestigious, with its members being recognized on a nationwide and worldwide basis, and (2) it does a far better job, and (3) its members are charged much less in terms of annual dues—the State Bar forces its members to satisfy Continuing Legal Education (“CLE”) requirements every three years, which is absurd.  Financial “kickbacks” are standard for the State Bar, which is a travesty unto itself; and mandatory CLE is merely one example.

Most CLE courses that are required have no bearing whatsoever on a lawyer’s legal specialty and practice.  Over the years, I have never seen a successful lawyer who failed to keep up with the nuances of his or her specialty.  Indeed, truly proficient lawyers do it each and every day that they practice law; and there is no need to take mandatory CLE courses to accomplish this.  Quite to the contrary, it is a waste of time—but the State Bar mandates this because it enhances the State Bar’s financial coffers and insures the perpetuation of the trade association’s existence and power.[10]  

The contrast between the State Bar and the District of Columbia Bar is striking in almost every respect.  Aside from costing much more, the State Bar is grossly inefficient in serving its members.  For example, I received a check from a purported “client” in what turned out to be a fraudulent “phishing” scam; and I contacted both bar associations to ask what I should do with it, ethically.  The D.C. Bar got right back to me; and one of its attorneys was very thoughtful and helpful.  No one from the State Bar ever called me back, and I gave up trying to reach them.

To say that the State Bar is totally worthless—and lawless, and does not pay its bills—is not to exaggerate one iota.[11] When I was sworn in as a California lawyer, I was in awe of the State Bar.  However, this has not been true for many years.  It is just one more fraudulent trade association, whose existence is perpetuated to serve its staff members above everyone else.  Lawyers are held in low esteem today, inter alia, because rogue organizations like the State Bar exist, which are bankrupt morally and ethically.

Its support from financially strapped Californians and the equally strapped State of California[12] is wasted and must be eliminated completely; and its membership must become voluntary, at best.  Clearly, enough political forces coalesced to effectively put the State Bar out of business when Pete Wilson was California’s governor.  The same thing must happen now—this time to accomplish the job once and for all, and eliminate what is probably the most corrupt and diabolical trade association of its kind in the United States.

In a quotation attributed to the Irish-born statesman Edmund Burke: “All that is necessary for the triumph of evil is that good men [and women] do nothing.”  California lawyers must rise up and say enough is enough, and mean it this time.  Perhaps it is naïve, optimistic and idealistic to believe this will happen, but hopefully not.  American justice requires nothing less.[13]

© 2014, Timothy D. Naegele

Ban State Bar of California


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/documents/TimothyD.NaegeleResume.pdf).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search: Timothy D. Naegele

[2]  Note: The author has held these personal opinions for many years, probably since the State Bar was effectively put out of business (see infra n.3), and he and other members woke up to problems with the Bar.  The author paid dues, but worked full time in Washington, D.C. then, and did not pay much attention to the Bar.  He began drafting this article in 2012, long before he heard the names Erin McKeown Joyce, Thomas A. Miller or Lucy Armendariz; and he made refinements (i.e., principally to its footnotes) before it was published here.

[3] See http://en.wikipedia.org/wiki/State_Bar_of_California#Member_fee_authorization_process (“Member fee authorization process”) and http://en.wikipedia.org/wiki/The_Emperor%27s_New_Clothes

[4]  Two general counsel (i.e., “the State Bar’s lawyer,” or chief legal officer) have served during this time frame: Joseph Starr Babcock and Thomas Allen Miller.  Babcock came in to pick up the pieces after the State Bar essentially went out of business; and Miller came on board recently after practicing law.

Miller has taken a “hands’ off” approach, by saying that his “Office of General Counsel” has no “direct involvement” with “the exclusive jurisdiction of the Office of Chief Trial Counsel,” despite the fact that Miller was told by the author that (1) one of his lawyers in the latter office—Erin McKeown Joyce—has totally ignored the law nationally, as enunciated by the U.S. Supreme Court, the Ninth Circuit and California’s Supreme Court; (2) the State Bar owes the author a substantial sum of money stemming from his deposition testimony as an expert witness, and payment is required by a California statute; (3) another member of the State Bar is reportedly subject to criminal prosecution for fraud, Lloyd J. Michaelson (SBN 94145), yet no actions have been taken by the State Bar; and similarly (4) the State Bar has not taken action against a second attorney, Richard H. Lubetzky (SBN 154032), even though he suborned perjury with respect to testimony before the State Bar, and his troubled history with the State Bar began before his admission to the Bar.  See, e.g., http://articles.latimes.com/1990-07-25/news/vw-1012_1_state-bar; see also infra n.11.

See, e.g.http://www.vcreporter.com/cms/story/detail/a_paramount_problem/8566/ (“The suits claim that from 2008 through early 2010, defendants Nicholaus Skultety and lawyer Lloyd Michaelson were scamming millions of dollars from individuals and businesses across the United States by fraudulently promising to fund construction projects in exchange for an up-front cash fee of 2 percent of purported loans. . . . Various people . . . , including some of the alleged victims, said they have been in contact with the FBI”) and http://redcatsboards.yuku.com/topic/34142/Local-men-charged-in-real-estate-loan-scam#.UOyJ5LtWpkg (“Local men charged in real estate loan scam – Complaint says they collected fees for loans that were never delivered”) and http://www.californiarealestatefraudreport.com/archives/date/2011/03

While Miller may be competent, and the “new kid on the block,” he is in charge now.  If he will not take actions (1) to rein in abuses by lawyers in the “exclusive fiefdom” of the Office of Chief Trial Counsel, and (2) to address other serious problems with the State Bar—and he allows such problems to fester—who will?  Ultimately, he is responsible and the buck stops with him, yet he is turning a blind eye to wrongdoing by those who work for him.  Indeed, others beneath him have taken the State Bar down a path that must end.  Investigations by California’s legislature and its Governor are warranted and needed; and there must not be a “whitewash.”

[5] The author has debated for some time whether to go “inactive,” or resign from the State Bar altogether.  He applauded the actions that essentially put it out of business.  While it may be best to fight it from within—because only a relatively small number of lawyers know how truly corrupt it is—the State Bar costs the author money, and it wastes his time satisfying useless CLE requirements.

Since being admitted to the State Bar, the author has handled very few matters in California, and less than a handful for individual clients.  Mostly, he has purchased banks there from the federal government for large business clients located elsewhere in the U.S. or overseas; served as an expert witness for the FDIC, in connection with a failing national bank case; and served as a special consultant to the State on banking matters, during the first administration of Governor Jerry Brown.

[6] See https://naegeleblog.wordpress.com/2013/07/15/justice-and-the-law-do-not-mix/  (see also the footnotes and comments beneath the article) and http://www.naegele.com/documents/Twill-Naegele-JusticeAndTheLawDoNotMix.pdf  (“Justice And The Law Do Not Mix”); see also http://www.naegele.com/documents/TimothyD.NaegeleResume.pdf

[7] See https://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/ (“The American Legal System Is Broken: Can It Be Fixed?”) (see also the footnotes and comments beneath the article)

[8] If one looks hard enough at the State Bar’s Web site, its staggering budget is set forth, although nowhere is an overall summary presented.  See, e.g., http://www.calbar.ca.gov/AboutUs/Reports.aspx (“2015 Proposed Final Budget”).  Its members must be provided with such information in great specificity, because they pay dues; and the public must be as well, because the State Bar’s budget is part of the General Fund support for California’s judicial branch.  Also, funds for the State Bar should be eliminated entirely.

For 2015 alone, more than $5 million is shown for the Office of General Counsel, even though the State Bar’s lawyer apparently will not “intrude” in the activities of his lawless Office of Chief Trial Counsel (see infra n.4 & 11), whose budget for the same period is shown to exceed $30 million.  Both individuals are shown to earn $200,000 per year.

At the State Bar’s Web site in July, 2014, it was stated:

The bar’s programs are financed primarily by fees paid by attorneys and applicants to practice law. In 2011, the bar’s general fund budget was more than $64 million, over 75 percent of which funded the bar’s attorney disciplinary activities.

See http://www.calbar.ca.gov/AboutUs/StateBarOverview.aspx (“How is the State Bar funded?”).

Surely, the State Bar must cite figures that are more recent than three years old; and 75 percent of “more than $64 million” equals almost $50 million.  This means that the Office of Chief Trial Counsel’s budget is likely more than that amount today, rather than the amount shown in the “2015 Proposed Final Budget.”  And this money is paid to rogue prosecutors, who are seeking as many “scalps” as they can take.  Not many lawyers can afford to fight this vicious and unholy juggernaut.  See infra n.11.

[9] James Goldberg of Bryan Cave LLP, San Francisco, represented related persons and entities—for example, Bank of America, N.A., Countrywide Home Loans, Inc., ReconTrust Company, Mortgage Electronic Registration Systems, Inc. and Kelly Germa (hereinafter referred to collectively as “Countrywide”)—which have been defendants in a lawsuit alleging predatory lending and fraud; namely, Kaleb v. Bank of America Home Loans, et al. (U.S. District Court for the Northern District of California, Case No. 3:09-cv-05958-RS).

In turn, Goldberg testified on behalf of the State Bar in a predatory lending case before the State Bar Court, In the Matter of Sharon Lapin, 165919, A Member of the State Bar, in which Countrywide’s wrongdoing was an issue.  Clearly, the State Bar has zero problems with (1) allowing the “fox” into the “chicken coop,” and (2) not pursuing the lawyers at Countrywide—which was headquartered in Calabasas, California—for their wrongdoing, despite the fact that Countrywide has been the “poster child” for fraud in America’s mortgage lending scandals.  Also, all of this occurred before State Bar Court Judge Lucy Armendariz, who presumably had no problems with it either.  See also infra n.11.

[10] Instead of eliminating CLE requirements altogether, the State Bar has actually advocated increasing them, which is patently absurd—and simply underscores how irresponsible the State Bar is.

See http://calbarjournal.com/August2013/TopHeadlines/TH3.aspx

Furthermore, the State Bar is wasting money auditing thousands of its members—to ensure compliance with the requirements—which is absurd, abusive, and another reason why the trade association should be abolished.

See http://calbarjournal.com/July2014/TopHeadlines/TH6.aspx (“5,500 attorneys expected to go through MCLE audit”)

Education of California’s lawyers can and does take place on an individual, very personal basis.  Also, there are many private organizations, such as universities, which provide superior educational resources.

[11] For example, the author testified as an expert witness before the State Bar pursuant to its subpoena on June 27, 2012, with respect to matters involving another member of the State Bar.  Section 1986.5 of California’s Code of Civil Procedure states in pertinent part:

Any person who is subpoenaed and required to give a deposition shall be entitled to receive the same witness fees and mileage as if the subpoena required him or her to attend and testify before a court in which the action or proceeding is pending.

See http://codes.lp.findlaw.com/cacode/CCP/3/4/3/2/s1986.5

The State Bar has not paid the author, and one must assume that it has not paid others as well.  In its defense, on September 12, 2013, it produced a handwritten “Clarification order,” dated July 9, 2012, for the first time—which had been signed by State Bar Court Judge Armendariz, and purported to shift the fees and costs away from the State Bar.  However, it did not override or nullify the California statute; and arguably the State Bar Court judge is “complicit” in the State Bar’s lawlessness.

How many people have been “cheated” financially by the State Bar?  Indeed, it must be determined—by means of an independent investigation—how many other times the State Bar has used the State Bar Court or other ruses to cheat people out of monies that are owed.  The spotlight must be focused on the State Bar’s employees and State Bar Court judges who engage in such abuses.

Clearly, the State Bar is dodging the courts and the laws by turning to its own State Bar Court judges to bless its decisions.  The State Bar’s rules and those of the State Bar Court are Byzantine at best, and are skewed against lawyers in California.  See, e.g., rules.calbar.ca.gov and www.statebarcourt.ca.gov/ProceduresProgramsandRules.aspx (“Rules of Practice and the Rules of Procedure, which govern State Bar Court proceedings”)

Next, a “Senior Trial Counsel” with the State Bar, Joyce, told the author that the “black letter law” decisions of federal courts (including the U.S. Supreme Court, and the U.S. Court of Appeals for the Ninth Circuit) do not count as far as she was concerned, nor do decisions of California’s Supreme Court.

In essence, she was saying that the “law of the land” could and should be ignored.  Needless to say, the author was stunned and flabbergasted by her ignorance and naïveté, yet these are the types of lawyers who are apparently employed by and represent the State Bar.  They are lawless; and hence, when the State Bar acts through them, it is lawless.

Evidently the performances of the State Bar’s prosecutors are measured by how many “scalps” they take, which gives them enormous incentives to go after the State Bar’s members, whether they are innocent or not—and grotesquely distorts the prosecutorial process.  When State Bar Court judges override existing laws, without thinking twice about it, one understands how corrupt the system is, from one end to the other.

Most prosecutors seemingly have never laid eyes on an innocent defendant.  As the author has written:

Anyone who thinks that prosecutors are advocates of truth and justice is living in a “Mary Poppins” fantasy world, and knows nothing about how our legal system really operates. It is seldom if ever discussed or written about, yet it is often said—by lawyers—that the only thing separating prosecutors from guilty criminals is the “badge.”

See infra n.6.  Imagine a life spent hurting people.  Joyce may be a perfect example, and the question is: how many people has she hurt?

Unlike some state bar associations such as the District of Columbia Bar, where the membership is worth something, the State Bar is a burden and not something to be proud of.  When it essentially went out of business, it was not missed except by its staff members, who had been feeding at its trough.

As the author has written in an article cited above:

Can our legal system be fixed, and will the American people come to trust and respect lawyers and judges again, and believe that justice not only exists but prevails in this great nation?  Maybe . . . if the profession is restructured, and if it attracts those people who believe that the law is sacred, sacrosanct and pristine—truly a shining city upon a hill—and they put such principles into practice.  The profession does not require saints, but it does need something different than “Law West of the Pecos by Judge Roy Bean.”  And it needs people who are different than it has been attracting: who are often driven, ruthless, unprincipled, money-hungry, and power-hungry.

See infra n.7 (emphasis in original).  At the very least, Joyce seems to be Bean’s successor.

On July 29, 2014, Joyce commenced a disciplinary action against the author based on (1) “Failure to Update Membership Address,” and (2) “Unconscionable Fee” and “Failure To Refund Unearned Attorney Fees.”  The charges were totally false, bogus and constituted pure harassment—and this article was written well beforehand (see infra n.2)—but she brought the action anyway.  And Miller did nothing to stop her, even though both were briefed fully about the issues.  See, e.g., infra n.4.  It is unrealistic to expect even a modicum of justice from a rogue prosecutor such as Joyce, or a judge like Armendariz to whom the author’s case was assigned,  who ignores the law.

It is interesting that on the same date, July 29, 2014, the homepage of the State Bar’s Web site asked in a banner headline: “What can the State Bar of California do for you?”  Above that question in bold print appeared another headline: “MCLE audit will include more than 5,500 [members].”  See infra n.10. Below the question appeared another headline: “State Bar Court recommends three-year suspension for prominent ex-prosecutor.”  This is the State Bar today: hurting its members in every way possible, to justify its bloated budget and staff.

The author has maintained and paid for the same Post Office address continuously since 1989, but some mail was returned to the State Bar through no fault of his own.  Also, the author and a legal team that he assembled lost a class-action, RICO Internet fraud case against the national infomercial company, Guthy-Renker, despite the fact that its agent in Texas testified as to the full extent of the fraudulent scheme that hurt large numbers of Americans.  Other attorneys (including one who is a federal judge today), law clerks and the author worked hard to win the lawsuit; however, “success has many fathers, while defeat is an orphan.”

There is no way to predict with certainty how a federal judge will act: lawyers are not fortune tellers or seers.  A new District Judge decided against the author’s clients, just as the judge decided against a major Hollywood movie studio where a friend of the author is Executive Vice President and General Counsel.  Hence, the former clients came after the author—even though no lawyer can guarantee success, and the author made that clear to them—and Joyce was only too happy to oblige.

Imagine every lawyer in California being harassed by the State Bar when he or she loses a lawsuit, which is Joyce’s modus operandi and constitutes nothing more than a witch hunt.  The author ceased to represent the former clients more than ten years ago. Hence, the case is time-barred by “Rule 5.21 Limitations Period” of the Rules of Procedure of the State Bar of California, which states in pertinent part: “[T]he proceeding must begin within five years from the date of the violation.”  The case was baseless for other reasons as well.  However, this did not matter to Miller or Joyce, or deter them.

The tragedy is that Californians and other Americans were defrauded by Guthy-Renker, yet the federal judge did not care; and certainly, neither Miller nor Joyce care, even though Guthy-Renker conducted its fraudulent scheme from and in California.  Just as the State Bar does not take action against Countrywide’s lawyers—or against (1) attorneys who prey sexually on their vulnerable clients in divorce proceedings, or (2) Michaelson who is reportedly subject to criminal prosecution for fraud, or (3) Lubetzky who suborned perjury with respect to testimony before the State Bar, which is a crime—so too it looks the other way regarding Guthy-Renker and its lawyers.

[12]  Lots of Californians and Americans are hurting these days, including lawyers.  See https://naegeleblog.wordpress.com/2012/02/07/poverty-in-america/ (“Poverty In America”) (see also the comments beneath the article).  California has severe financial problems.  However, the State Bar continues to spend like a “drunken sailor,” which is unfathomable and reprehensible.

[13] Also, it is not beyond the pale of reason to believe that boycotts of the State Bar and its activities by members may occur; mass refusals by them to pay State Bar dues may take place; and California lawyers may refuse to satisfy the State Bar’s CLE requirements.





Ariel Sharon Is Missed

6 01 2014

 By Timothy D. Naegele[1]

It seems like ages since Ariel Sharon slipped into a coma from which he never returned, much less as a political force in this earthly world.  Yet, perhaps he was there after all, resting with the knowledge that he was a man of his times, who had shaped and reshaped history.

He was a complex human being who produced seemingly inconsistent policies.  By being the architect of Israel’s settlement expansion in the West Bank and Gaza, despite Palestinian and international protests, he appeared to be forever at odds with the establishment of an independent Palestinian state, and thus an opponent of peaceful coexistence between the Israelis and the Palestinians, and lasting peace in the Middle EastHenry A. Kissinger noted some years ago: “For most of his career, Sharon’s strategic goal was the incorporation of the West Bank into Israel by a settlement policy designed to prevent Palestinian self-government over significant contiguous territory.”

However, he came seemingly full circle and withdrew from Gaza and removed Jewish settlers from both Gaza and the West Bank, and returned their lands to the Palestinians.  Like the hard-liner Richard Nixon who opposed communists and their ideology throughout his life, yet opened the door to China, Sharon was an enigma.  Both were skilled chess players; and perhaps Sharon supported expansive settlements merely as a bargaining chip that would be discarded when it served the interests of peace, or no longer had any strategic value.

He seemed to be a pragmatist who concluded that it was in Israel’s best interests to defend only those lands that were militarily and politically defensible, and sacrifice the rest, and to jettison the settlers who had served as pawns in a larger chess game.  By zigging and then zagging, and by being a key player in the establishment of the right-wing Likud Party and then breaking from it to found the centrist Kadima Party, Sharon proved to be an able and skillful politician right up to the end of his career.

He fought in a Jewish militia opposed to British control; and he served in Israel’s war of independence with the Arab states and in subsequent wars, and was considered a war hero by many Israelis.  He was wounded in a battle to break the siege of Jerusalem and carried its effects all of his life, including near blindness in one eye; and he was grazed by a bullet in the head during a battle many years later.

He visited the Temple Mount to emphasize Israel’s claim of sovereignty, outraging Muslims and provoking widespread violence; and he is blamed for the ruthless killing and suffering of countless Palestinians.  Yet, his strength was being more in tune with Israeli public opinion than anyone else.  Ghazi al Saadi, a Palestinian commentator, described Sharon as “the first Israeli leader who stopped claiming Israel had a right to all of the Palestinians’ land.”  He added:  “A live Sharon is better for the Palestinians now, despite all the crimes he has committed against us.”

Like Yitzhak Rabin before him, whose mantle he assumed, history will judge Sharon’s accomplishments and speculate as to what a difference his continued leadership might have meant in the future.  It is certain, however, that Likud’s Benjamin Netanyahu is no Ariel Sharon, nor does he hold a candle to Rabin.  Indeed, Rabin’s widow Leah—who was described by Nobel Peace Prize Laureate and former Prime Minister Shimon Peres as a “lioness”—believed it was the climate of hate that Netanyahu created during the election campaign of 1995, which laid the groundwork for a Jew to assassinate her husband.  She never forgave Netanyahu and detested him.[2]

The fact that Netanyahu attained his coveted goal of leading Israel again, after his scandal-ridden previous attempt at it, may have changed the region’s history forever.  He was the nemesis of both Rabin and Sharon, two giants; and his return from political oblivion may still be marked by untold chaos at a time when political and military adventurism and demagoguery are the last things that are needed from the leader of Israel.

It was a fateful day, however, when a born-again Christian and a Jew, one slim and fit and the other decidedly rotund, shared a helicopter ride; and Sharon gave then-Texas Governor George W. Bush a tour over the Israeli-occupied territories.  On that day and in the days that followed, a bond of mutual respect emerged between Bush and Sharon that would survive the roller coaster of international politics.  They were a political odd couple who seemed to instinctively trust each other at a time in history when trust was a rare currency vis-à-vis the seemingly intractable problems of the Middle East.

Trust has been a missing ingredient during much of the political life of Netanyahu, who has been perceived as being untrustworthy by countless Israelis and leaders of other nations.  Indeed, he has served as a foil against which Sharon’s accomplishments may be viewed and measured.  Sharon emerged as the right leader for Israel at the right time, just as Rabin had done before him.  Netanyahu’s presence on Israel’s political scene makes Sharon’s greatness and that of Rabin stand out in bold relief by comparison.

Sharon’s stroke and coma deprived the Bush administration of its closest working partner in the Middle East.  The clock began ticking in the region again; and there have been reports that Israel will attack Iran’s nuclear installations.  I am forever reminded of what a prominent American (who is a Jew and a strong supporter of Israel) told me several years ago: “I have long thought that Israel will not make it, if only because of what are cavalierly called WMD [weapons of mass destruction] and its very tight geographical compression.  All else is immaterial, including the Palestinians, or us, or the nature of Israel’s [government].”

I was stunned by this person’s words, and I have reflected on them many times since.  Henry Kissinger added several years ago: “Far too much of the debate within the Palestinian camp has been over whether Israel should be destroyed immediately by permanent confrontation or in stages in which occasional negotiations serve as periodic armistices.”  I do not subscribe to the notion that anything is inevitable or “written.”  However, it is courageous and visionary men like Rabin and Sharon who have guided Israel through perilous times, when lesser men would have foundered.

Netanyahu campaigned on a hard-line platform that would grant to a new Palestinian state only a fraction of West Bank land; and effectively, he has brought the peace process to a screeching halt because he opposes such a state entirely, whether he articulates it or not.  When Likud suffered a defeat in the Israeli elections, with Netanyahu at its helm, he characteristically tried to deflect blame from himself by claiming that a comatose Ariel Sharon was responsible for the political “crash.”

The Wall Street Journal put it mildly in an editorial:  “[Netanyahu’s] attempt to blame a dying and helpless Mr. Sharon for Likud’s drubbing . . . was not a class act.”  Indeed, it was tasteless, opportunistic, and among the reasons why so many people view Netanyahu as being pathetic and demonic—but it was certainly consistent with his treatment of both Rabin and Sharon.

Most Israelis believe at least one of two long-time dreams is unattainable; namely, the idea of a “Greater Israel,” and of a negotiated peace with the Palestinians.  Contrariwise, the Palestinians have steadfastly refused to repudiate their dream of a “greater Palestine,” stretching from the Jordan River to the Mediterranean, which—in the words of Yossi Klein Halevi, an Israeli journalist and writer—“would supplant and destroy the Jewish state.”

Halevi further opined: “The settlement movement ignored the moral corruption of occupation and the demographic threat to Israel’s identity as a Jewish and democratic state posed by the forcible absorption of several million Palestinians into Israeli society.”  And he added: “Israel will almost certainly find itself without Greater Israel—and without peace.  . . . Confronted with the possibility of a nuclear Iran committed to Israel’s destruction and with a terrorist state emerging in Gaza and the West Bank, Israelis need the sustenance of dreams.”

President Bush pledged to help create an independent Palestinian state before the end of his second term, which suffered a fatal blow with the loss of Sharon, and ended Sharon’s personal ambition to set Israel’s permanent borders too.  The Times of the UK quoted one official as saying: “It [was] unbelievable.  He was the Prime Minister.  Nothing moved without going through him.  Everything was connected to him and then he faded away,” the official said, with a click of his fingers.

Perhaps the return to business as usual showed the strength of Israel’s democracy and political system, which has been surprisingly stable; or maybe it was a sign that his stroke had not shaken the country to the same extent as the assassination of Rabin.  Or maybe it was simply another reminder of how fame is fleeting, and the public’s attention span is short in Israel and other media-driven societies, especially in the age of 24-hour news cycles.  Yet, Sharon is missed; that much is certain—and I never thought that I would write those words or feel this way.[3]

I disagreed with his settlement policies for many years, believing they were harmful to the settlers who trusted him because ultimately they would feel betrayed; and that such policies were unnecessarily confrontational and antagonistic to the Palestinians.  However, I have missed “Arik,” and I know people in various parts of the world, Jews and non-Jews alike, feel the same way.  He was a giant of Israeli politics.  More than that, he was a lion—albeit a rotund one—God love him.

© 2014, Timothy D. Naegele

Ariel Sharon


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2]  See https://naegeleblog.wordpress.com/2010/02/20/israels-senseless-killings-and-war-with-iran/ (“Israel’s Senseless Killings And War With Iran”) and https://naegeleblog.wordpress.com/2012/03/08/the-madness-of-benjamin-netanyahu/ (“The Madness Of Benjamin Netanyahu”) (see also the comments beneath both articles).

[3]  See also http://world.time.com/2014/01/03/israel-wakes-up-to-ariel-sharon-as-former-prime-minister-nears-death/?iid=gs-main-lead (“Israel Wakes Up to Ariel Sharon as Former Prime Minister Nears Death”) and http://www.al-monitor.com/pulse/originals/2014/01/ariel-sharon-war-of-independence-disengagement-settlements.html (“Ariel Sharon’s decisions shaped today’s Israel”) and http://www.newyorker.com/archive/2006/01/23/060123fa_fact_shavit (“THE GENERAL”); compare http://www.theguardian.com/commentisfree/2014/jan/03/ariel-sharon-final-mission-peace-israel (“Ariel Sharon’s final mission might well have been peace”) with http://mwcnews.net/focus/politics/35072-sharon.html (“The Guardian Laments Sharon”)






Justice And The Law Do Not Mix

15 07 2013

 By Timothy D. Naegele[1][2]

Justice is in the eye of the beholder, and not some absolute standard that is clearly and quantifiably definable or identifiable.  However, human beings have a sense of what is just and what is not, which is often governed by their belief systems and experiences in Life.  The law, on the other hand, is an imperfect discipline governed by grossly-inflated egos and political considerations, and flavored by incompetence and arrogance.

Is the law ever just?  Perhaps this question is the proper starting point.  “The law” is not some idealistic and intellectually pure result, resting on a cloud somewhere.  Rather, it is a hard-edged and hard-fought amalgam of competing ideas and biases, dictated by judges who are imperfect at best—and often egotistical, callous, mean-spirited, power-hungry, self-righteous, condescending and, yes, incompetent and arrogant.  They can smile at you, just as easily as they can slit your throat and never think twice about doing it.

How on earth can the dispensers of that magical ingredient, justice, do so when they are “unsavory” themselves?  How can they judge another person when they often bring distorted realities and moral visions to the process?  Many of them, at least in the United States, are former prosecutors who seemingly have never laid eyes on an innocent criminal defendant.  To put on black robes does not change their mindset.  Indeed, many seem to relish the power trip.  Shakespeare’s famous quotation—“The first thing we do, let’s kill all the lawyers”—must have been written in some light-hearted moment with the dark and sinister characteristics of judges in mind.

Having been a lawyer for more than 45 years, and having received two law degrees from prestigious American law schools, I can honestly say that the thought of becoming a judge has never crossed my mind.  Indeed, when I arrived at Berkeley for my first year of law school, I was stunned by how many of my classmates had dreamed of becoming lawyers most of their lives.  The pinnacle was to become a judge, which was repulsive to me.  While I read many learned and well-written opinions in law school, I never figured out why anyone would want to be a judge.

We had fine law professors who taught the best of the law; and they instilled in us a belief in the purity and sanctity of the law.  Forty-five years later, I do not doubt their sincerity at the time, but I have never encountered a sitting judge who met their expectations.  The best reason for being a judge was told to me one day in chambers by a California Superior Court judge, who said that it was easier than practicing law.  I respected him for his honesty and candor, and his willingness to tell the unvarnished truth.  Most judges would never do that.  It was refreshing.  He smiled when he said it, and did not slit my throat or even come close.  In fact, he decided in my favor.

If the law is little more than decisions made by judges based on whether they got up on the wrong side of their beds or not, or took umbrage with a lawyer or client, then is there any rhyme or reason to it, which makes sense judicially?  I concluded ages ago that the proceedings in most American courts are remarkably close to “Law West of the Pecos by Judge Roy Bean,” the hanging judge.  In Bean’s court, the law was what he said it was, and nothing else mattered.  Too often in U.S. courts today, very little has changed.  Judges have become the law unto themselves.  Any citation of legal precedents is met by judges whose eyes glaze over, because many of them were taught in law schools where the purity and sanctity of the law did not matter.  Brute force governs far too many courtrooms.

State courts—certainly those in California—are a total joke. Judges routinely ignore the applicable law, or twist the law to suit their desires. It is a travesty, and really no law at all.  Our federal courts are somewhat better, only because federal judges have law clerks who actually research the law; and federal judges are mindful of the fact that they can be overruled on appeal.  Owing to the fact that our Supreme Court takes so few cases these days, and most of its cases are heard for political reasons, our federal courts of appeal become the only real checks on the actions of District Judges.

At the U.S. Supreme Court building in Washington, D.C., there is a statue of “Justice” with blinders on her eyes to depict the impartiality and objectivity that the word justice is supposed to represent.  However, another interpretation can be given to the statue; namely, blindness to injustices that occur each and every day in our legal system.  More than eight thousand petitions for certiorari are filed with the Court every year, yet the number of cases that are heard is usually less than one hundred.  Justice William Brennan was the last jurist to read such petitions.  They are now read exclusively by the individual justices’ law clerks, who decide which cases the Court hears and those that are never heard.

As a practical matter, the American system of justice no longer exists—because the presumption of innocence no longer exists.  In U.S. courts, even though it is not articulated—certainly by the judges themselves—there is a presumption of guilt instead of innocence in criminal cases.  Any appearance of bending over backwards to help the defense is window dressing and largely form over substance.  Many judges are courteous, but their long knives come out before the process is completed.  Others do not mince with words, and are tyrants from Day One.  Still others defy one’s imagination with respect to how they got there.  They do not understand the law or facts of the cases, nor do they care; and they seem to be political appointees who have overstayed their welcome.

 The United States is a nation where rogue prosecutors reign, whose goals in life include the prosecution of even the innocent. Federal, State and local prosecutors ruthlessly and gleefully pursue countless numbers of innocent Americans for a multitude of crimes that were never committed; and the judiciary has allowed this to happen.  Corruption is rampant among federal prosecutors and those who work with them, such as FBI agents.  No amount of rational thinking or discourse can be applied to a system that is inherently and systemically corrupt.

A federal official with reason to know told me that between 15-20 percent of the indictees in our federal courts are probably innocent.  Some are elderly who have been charged with cheating the Social Security system—America’s retirement benefit program—and they are scared to death, so they agree to plea bargains rather than fight for their innocence.  The latest figures indicate that 97 percent of convictions in federal courts were the result of guilty pleas.  In 2006, the last year for which data was available, the corresponding figure for State courts was 94 percent.

Indeed, Justice Anthony M. Kennedy wrote for the majority in a recent U.S. Supreme Court opinion—quoting other sources:

[Criminal justice today] is for the most part a system of pleas, not a system of trials. . . .  [Plea bargaining] is not some adjunct to the criminal justice system; it is the criminal justice system.[3]

He added—again quoting other sources: “[L]onger sentences exist on the books largely for bargaining purposes.”[4]

What Kennedy neglected to mention is that “criminal justice” today in the United States is not a system of justice at all, at least for many Americans.  It is appalling that so many innocents are swept up in our criminal system.  Even if they do not go to prison, the mere fact that a prosecutor comes after them and they have to deal with the system is brutal and tragic.  Lives are wrecked in the process by zealous prosecutors and callous judges, who should be consigned to prison life themselves—where they would come to understand the true meaning of justice.

Fortunately, America has a very good public defender system, at the federal, state and local levels; and this helps a great deal, although far too often its lawyers are burdened with very heavy caseloads, and the accused may not understand that they can avail themselves of such assistance.  Anyone who thinks that prosecutors are advocates of truth and justice is living in a “Mary Poppins” fantasy world, and knows nothing about how our legal system really operates.  It is seldom if ever discussed or written about, yet it is often said—by lawyers—that the only thing separating prosecutors from guilty criminals is the “badge.”

Also, in criminal prosecutions, there is often the systematic concealment of significant exculpatory evidence, in some instances intentionally, which gave rise to the guilty verdicts against former United States Senator Ted Stevens of Alaska being set aside, and a dismissal of the case against him.  It is another travesty and miscarriage of justice that three years after the federal judge set aside the verdicts, the wrongdoers within America’s Justice Department have not been subjected to criminal prosecution, convicted, and sent to prisons—where true justice would be meted out—instead of getting “slaps on the wrist” for their criminal misconduct.[5]

To be fair and put things into perspective, victims of criminal conduct need and deserve protection as well; and the guilty must not be sheltered or coddled if there are to be deterrents against the commission of crimes, especially those of a violent nature.  Also, many crimes are not reported or dealt with, such as rampant fraud that is occurring over the Internet each and every day, and bilking sophisticated and unsophisticated Web users out of billions of dollars.  Clearly, none of us would like to be a “jailed innocent,” but similarly we do not want to be harassed by vicious or other criminals either.  Those people who are truly innocent should not enter the criminal system; and innocent victims must be protected at all costs.

It has been noted that if we want to be 100 percent certain that no innocent will end up in jail, the inevitable result is that nobody will be in jail.  There is no such thing as perfect evidence or a perfect judge.  Indeed, as noted at the beginning of this article, the law is an imperfect discipline and process.  Also, it must be recognized that the cost of criminal and civil litigation in the United States and globally is staggering; and it takes years to resolve complex litigation.  The cost of business litigation in America’s federal courts often exceeds $1 million on each side of the action; and this figure does not include the cost of a trial or appeals.

Lawyers are trained in law schools to be advocates, and sometimes this becomes a curse.  When they represent clients in divorce proceedings, the last thing that estranged couples need is their respective lawyers “stirring the pot” to earn greater fees, and increasing the acrimony that exists already.  However, it happens, which is why lawyers are ill suited to handle such proceedings.  Also, male lawyers prey sexually on their distraught and emotionally vulnerable female clients, which should give rise to automatic disbarments.  Both the American Bar Association and State bar associations “turn a blind eye” and do little or nothing to curb such abuses.  Like rogue prosecutors who are sheltered from discipline, so too are lawyers in divorce proceedings who abuse their positions and power.  This is among the many reasons why non-lawyers in the United States and elsewhere view lawyers with such contempt and disdain—not dissimilar to how they view leeches and vermin.

Without the law though, we would have anarchy and chaos.  Yet, there is a certain amount of inherent anarchy and chaos within the legal system itself.  Harsh economic times produce demands on lawyers and courts, and bring citizens in contact with the system who otherwise might not be there except for their economic plight and hardships.  Whether the issues involve housing foreclosures or evictions, or the loss of jobs or dissolution of marriages, the American legal system is taxed like seldom before.  Budgetary constraints dictate shorter court hours and over-burdened judges, and closed courthouses and furloughed prisoners to ease overcrowding.  What is certain is that the situation will become worse between now and the end of this decade, at least in the United States.

Perhaps the only saving grace about the American legal system is that it may still be the best in the world, albeit very imperfect and flawed.  Indeed, it is the only legal system that I can address with a modicum of understanding and authority, having spent my entire career thus far dealing with it.  Unfortunately, too few lawyers are willing to speak out and criticize the profession, and “tell it like it is.”  The judiciary is almost completely blind to the problems, because its members are at the root of many of these issues.  Also, the American Bar Association is essentially worthless; and State bar associations are not much better.  I am a member of the District of Columbia Bar, which I have always been proud of though.

These are a few of the very serious problems that face our system of justice and fairness for all, which demand attention.  They are not easily fixable or remedied, yet they are at the tip of an enormous iceberg of problems.  There is a real question as to whether our system can be “fixed.”  Much like family members or loved ones of alcoholics or drug addicts, it is arguable that we cannot fix or change our legal system.  All we can do is take care of ourselves, and hope that we never come in contact with it.  There are even those who believe that quantitative and qualitative analyses can and must be applied to “redesign the judicial structure . . . into a practical process with an understood functionality and imperfection”—in the words of one engineer with a keen sense of justice.

© 2012, 2013, Timothy D. Naegele

Twill Magazine version of the article 

Justice And The Law Do Not Mix

(Image: Andrè Azevedo)


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2]  This article was published originally in Europe and distributed globally by Twill Magazine; see http://www.twill.info/wp-content/uploads/2013/03/justide_and_the_law_do_not_mix.pdf (issue #15, pp. 8-11); see also http://www.twill.info/ and http://www.twill.info/?p=1850

The author wishes to thank Fosco Bianchetti, Twill‘s Editor In Chief and Manager, for publishing it.  He was a pleasure to work with, always.

[3] See Missouri v. Frye, Case   No. 10–444. Argued October 31, 2011—Decided March 21, 2012 (emphasis in original); see also http://www.supremecourt.gov/opinions/11pdf/10-444.pdf

[4] See id.

[5] See also https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/








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