Wednesday, August 27, 2014
History in the making—today’s session of the Calvin Say residence hearings at Circuit Court
by Larry Geller
Advertiser reporter Derek DePledge was in the courtroom today, so the news won’t be “disappeared.” You probably only want to know the essence of this anyway. If you really want to know more, a videographer shot the whole thing, which should be available some time later.
The matter before the court this afternoon was whether the subpoena issued to Speaker Joe Souki to testify on Friday should be quashed.
The essence: After the attorney for the House presented her three arguments to quash the subpoena, Judge Karen T. Nakasone rejected the first two arguments but agreed with the last one, so the subpoena is quashed.
The judge also decided that Friday will not be an evidentiary hearing. If I understood correctly, it will simply be a hearing of the motion to intervene by the House of Representatives.
For those of you who are into this, much of the discussion today with regard to the quashing revolved around the first argument of the House attorney, that Speaker Souki had legislative immunity. As argued and as accepted by the judge, this matter is a judicial matter and not a legislative matter. The legislature isn’t in session, nor does it relate to policy or to legislative actions (my paraphrase). The judge said that all she had was the House attorney’s opinion, but no factual basis for that argument. Attorneys’ statements don’t create facts. You’d think they’d know this, though…and the judge cited court rules.
Quashing happens. Friday the process continues. Even this judge may not have the last word, because appeals also happen, and could, no matter what she decides.
You missed the main point. Calvin Say is doing everything he can to delay his residency trial. He knows he will be kicked off the ballot if he goes to trail and the court does its job, so he is doing everything he can to prevent that from happening. His lawyers are making the very strange argument that the House can by itself exempt Say from the residency requirement. He tried to get the whole legislature to exempt him, but he couldn't get the Senate to go along. He made some kind of deal with Souki, the man who took his Speakership, and he got the Attorney General to represent him and Souki. They are trying to claim that the House can change laws by themselves if the law effects House members. Sounds like they are trying to set up an aristocrasy.