When I write about the law or politics being a game, or sometimes even go so far as to say it’s a joke, this is the kind of thing I’m speaking of. A lot of very rational people look at the law and view it as a rational system. Engineers, especially, and people with analytical minds, read the plain language think that’s what it’s supposed to mean, clearly, and surely judges are rational people who will see it that way.
But the law is administered by people, and people, for the most part, suck. The judge in the Walker case is a pretty clear example of an imbecile in a robe who has decided he is the law, and nothing else. In his courtroom, the law is going to be a game at best, and if you don’t wish to play along, a farce. You have to play around his eccentricity. These are the people the Second Amendment is now in the hands of. God help us.
UPDATE: More here.
The fancy law school term for this is “legal realism.”
You have to play around his eccentricity.
Or realize you’re going to lose and make sure you win the appeal. Even if Walker wasn’t due a de novo appeal on the facts (I think he is), he’ll win on an appeal of the law. (Note that our RKBA cases hinge on the law, not on the facts.)
These are the people the Second Amendment is now in the hands of.
Eh, it really comes down to the Supremes, and they’re a lot more professional. This judge is at the other extreme of the judicial system, a part where the rule of law no longer exists, e.g. restraining orders in domestic conflicts. In addition to everything else note his comment about wanting to get the hearing over in 10 minutes.
Ken has been covering parts of this thing, regarding Aaron Walker. Patterico has been discussing aspects including his suspicions that Kimberlin associates were involving in causing a faked 911 call to send sheriff’s deputies to his home at 3 AM to investigate a faked call that he was killing his family. They arrived, guns drawn, cuffed him and searched his house as a result.
Stacey McCain has been blogging on the bigger picture of how the various Kimberlin associates are involved in modern politics dirty tricks campaigns, and attacks on their political opponents. All centered around a man who was involved or caused several deaths, terrorized Indianapolis with random bombings as the “Speedway Bomber” and has numerous felony convictions.
Yes. I’ve been following as best as I can. It’s all quite interesting, and quite scary at the same time… that in America, you really can be arrested for political speech.