Thursday, November 29, 2007

Breaking News – Have Contradicting Lawyers Harmed Case?

As many of you have seen in da last 24 hours, there’s been a flurry of media activity locally and around da nation regarding “Da Township of Manalapan vs Da Mosked Man.” If da latest comments by da legal eagles under da employ of Manalapan paid for by YOUR tax dollars indicates anything, then be prepared to change da name of Manalapan’s Route 522 to “Da Mosked Man Drive” and Manalapan to “Moskopan.”

Please follow closely how YOUR tax dollars are being spent by da comments made by Manalapan’s hand-picked legal experts.

In da August 3, 2007 legal brief entitled "Brief in Support of Plaintiff's Application to Vacate," Manalapan-hired legal eagle Daniel McCarthy paid for by your tax dollars clearly states on Page 6, "Defendant has also discussed da various aspects of this matter on his internet blog, 'datruthsquad,'" as well as on Page 7, "Regarding defendant's internet blog datruthsquad." And, on Page 9, while discussing da gag order, "In violation of this order, defendant posted an entry in his internet blog..…” and lets not forget Page 41, "Defendants recent communications coupled with his attacks on Township officials posted on his blog, "datruthsquad" betray a mental instability and dangerous fixation on elected and appointed Township officials."

Clearly, there’s not much gray area here. According to McCarthy’s brief, and signed by McCarthy, McCarthy states in that legal court document on numerous occasions and without hesitation that da Mosked Man, complete with his “mental instability,” is indeed daTruthSquad.

Now, for fact, according to the Electronic Fronier Foundation, in the Plaintiff’s Application to Vacate the Order to Show Cause, McCarthy on 18 occasions alleges da Mosked Man is daTruthSquad – yet offers absolutely no evidence to back up his claims.

Now, let’s read what has been said to da media by YOUR tax-dollar paid attorneys.

In da Newark Star Ledger story, David Weeks, also representing Manalapan and paid by YOUR tax dollars shows clearly that McCarthy’s definitely is Weeks’ maybe:

"I don't know one way or the other if it's him," Weeks said. "It could be him."

One Manalapan lawyer paid by YOUR tax dollars says in a court document that daTruthSquad is da “defendant’s internet blog,” but another Manalapan lawyer paid by YOUR tax dollars says “It could be him.”

Now, in da Asbury Park Press story, legal eagle David Weeks, paid by YOUR tax dollars again found a new and improved way to contradict McCarthy:

If you read the thing, it sounds an awful lot like he could be the author," Weeks said. "He has said he is not. It speaks to his credibility."

OK, so now “it sounds an awful lot like he could be…”

Speaking of credibility, on one side you have da Mosked man clearly saying in court that he is not daTruthSquad. Then you have da Township of Manalapan hired legal team of “His is & Maybe he is” saying in court that da Mosked Man is daTruthSquad, but to da media he only may be.

Contradicting lawyers at taxpayer expense. Should daTruthSquad remind you at this point that these guys are being paid for by YOUR tax dollars?

Question to my TruthTellers, who has da credibility problem here – McCarthy (defendant’s blog), Weeks (it could be him), or da Mosked Man?

DaTruth is, as each day passes, it's becoming clear that “Da Township of Manalapan vs Da Mosked Man” may not be as much about a land deal as it is about taking da First Amendment, driving an SUV over it, and then grinding da tires. If it were indeed about da land deal, why isn’t da land deal being discussed? Why is page after page of legal briefs discussing daTruthSquad more and da Dreyer patch less?

And, thanks to da Snoozepaper’s Mark Rosman (and no retractions yet), we know how much of Manalapan’s tax dollars, ordered to be paid by Mayor Andy Boy, Deputy Mayor Queen, and Committeeman Cash Klauber, are going to 4 – count’em – 4 lawyers handling this one case of “Da Township of Manalapan vs Da Mosked Man.”

Robert Renaud - $350 per hour.
Carolina MachoGrande - $135 per hour.
Daniel McCarthy - $130 per hour.
David Weeks – a contingency basis (reported to be 25 to 33% + expenses

DaTruth is, it doesn’t take a lawyer to know that when two lawyers involved in da same case contradict one another, it would seem to strengthen the other side. It would seem this only strengthens the argument that da Manalapan Township Committee has set forth by their votes to embark on a fishing expedition to unmask a blogger in the guise of a legal malpractice case regarding a land deal gone bad.

Now, for a complete update on all legal documents submitted in da case of “Da Township of Manalapan vs da Mosked Man,” including da latest, da Motion ot Quash da civil subpoena to Google submitted by da Electronic Frontier Foundation, click here.

DaTruth is, if you’re a blogger or even someone who comments on one, whether you’re in Manalapan or Miami, Plainfield or Portland, this case affects you because you cannot take away someone’s right of free speech because a governmental body wants to prove something about someone – and worse, use taxpayer money to fund that fishing expedition.

And, remember what daTruthSquad theorized in prior blogs about - what if da case of Da Township of Manalapan vs Da Mosked Man is won by da Mosked Man? Da town, according to court documents claims legal malpractice & says da Mosked Man has a "mental instability." If you were da Mosked Man, would you just laugh this off?

Da actions of da Manalapan Township Committee should place anyone with an opinion on notice, that this could happen to them if they stand up and tell da truth, or even worse, just disagree with a politician. DaTruthSquad, for one, will not be idle and allow Freedom of Speech, da right of every American, to be tossed in da garbage.

Supreme Court Justice Anthony Kennedy once said, "The First Amendment is often inconvenient. But that is besides the point. Inconvenience does not absolve the government of its obligation to tolerate speech." Apparently, certain members of da Manalapan Township Committee wouldn't know Justice Kennedy if they fell over him.

And that’s daTruth.