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Anthony Obi Ogbo

Watson’s assault case might unravel a test of courtroom litigation competence

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After a dramatic mayoral election meltdown, Attorney Tony Buzbee  faces another challenge ―this time in a district court

Rusty Hardin, an attorney, is not well-known to me, as my usual interest is in politicians and leaders or perhaps, politics and leadership. However, I do recall a few of his litigation endeavors. For instance, when the former Houston Oilers quarterback, Warren Moon, was acquitted by a Fort Bend County jury of choking and beating his wife. And in 2004, when an NBA Hall of Famer, Calvin Murphy, got off scot-free from charges that he sexually abused five of his ten daughters. Also in 2008, when the wife of the televangelist, Joel Osteen, walked away from a case involving a flight attendant who accused her of assault. As well as in 2012, when former MLB pitching legend, Roger Clemens, faced federal charges of lying to Congress and obstructing justice. Hardin represented Clemens in the Washington D.C. trial where a jury acquitted him of all charges after eight weeks of testimony.

In December 2019, the Houston-based millionaire, Tony Buzbee, was humiliated at the polls, losing his bid to unseat Houston Mayor, Sylvester Turner. He played down his loss, arrogantly defying a customary concession stating, “We didn’t really lose, we just ran out of time.” Today, attorney Buzbee is facing another challenge; a courtroom battle over a high-profile case that he initiated. The problem might not be the case but rather the counsel on the other side, Rusty Hardin.

There were reports over a number of lawsuits filed against Houston Texans quarterback Deshaun Watson, accusing him of sexual or civil assault. The accusation started a media blitz. Tony Buzbee who turned out to be the attorney for the plaintiffs, shuttled between social media and local news outlets to amplify the allegations made by his clients. He packaged his information and released it at intervals to generate suspense—the type that would get the accused’s attention and lure him to the negotiation table.

Tony Buzbee who turned out to be the attorney for the plaintiffs, shuttled between social media and local news outlets to amplify the allegations made by his clients.

As of April 9, a total of 22 civil lawsuits have been filed against Watson and recorded on the Harris County District Clerk’s website accusing him of a range of actions during massage appointments over the past year; from refusing to cover his genitals to forced oral sex. But Watson blatantly denied the allegations in the lawsuits, which did not name any of the women.

Matters rather got interesting after attorney Hardin finally filed an answer on April 19, to the 22 lawsuits filed against Deshaun Watson. Hardin accused all the women suing Watson of lying. “Today we answered the lawsuits filed against our client Deshaun Watson. Therefore, the answer to the question of whether we are saying that all 22 plaintiffs are lying about the allegations of sexual misconduct by Mr. Watson is a resounding yes.”

In the weeks after this allegation, it appeared that Buzbee spent more time on internet newsfeeds than with his clients. Outrageous headlines related to these incidents dominated the news in different composition formats.

Around March 23, Tony Buzbee announced his proposed lawsuits on Instagram, bragging on social media that more sexual assault allegations would follow. Within a week or so, 16 women had already made similar allegations of misconduct in 16 separate lawsuits. At some point, the number of accusers rose to 22.

Buzbee’s media campaign paid off as Watson dominated the local news, more so than COVID-19, generating interest, negative attention, and anxiety, especially among sports fans.

Buzzbee, familiar with a clique of Houston’s local media, built his case around social media, exclusively branding each lawsuit and accusation, aiming to promote a showdown. He organized a press conference on April 6, when one of the 22 women accusing Watson publicly narrated her allegations of sexual assault. But Hardin hit back, revealing that her lawyer had asked for a $100,000 settlement before filing the lawsuit.

Those familiar with Hardin’s litigation pattern would attest to his investigative prowess; the ability to gather every available piece of information to substitute a volatile mixture of myth and innuendo with undiluted facts.

Watson did what most celebrities in his predicament would do; he maintained his composure and opted for a good lawyer who knew the difference between social media conviction and the courtroom litigation route. Attorney Hardin’s first task was to investigate the case. Those familiar with Hardin’s litigation pattern would attest to his investigative prowess; the ability to gather every available piece of information to substitute a volatile mixture of myth and innuendo with undiluted facts.

Interestingly, Buzbee had at the time paraded a bevy of nameless accusers, citing the need to shield their identity as victims. Hardin quickly accused Buzbee of using anonymous allegations to destroy Mr. Watson. He claimed in a statement, that he tried to get Buzbee to identify his clients, but he was asked to file a motion. Hardin did that and obtained a judgment. In two separate hearings on April 9, state court judges agreed with Watson’s legal team, which argued that Watson could not defend himself if his accusers, who all filed their civil lawsuits under the name Jane Doe, were allowed to remain anonymous.

Earlier this month, Watson’s accusers amended their petitions to disclose their names. A new lawsuit was added at the Harris County District Clerk’s office by a freelance makeup artist who detailed two separate incidents that occurred during massage sessions in September and November, when Watson allegedly assaulted and harassed her “by exposing himself, touching her with his penis and groping her”.

Hardin’s response to the individual petition signals what might be the beginning of an imminent contentious courtroom duel. Buzbee appears battle-ready. The former Recon Marine Officer began his legal career as an attorney at Susman Godfrey LLP in Houston, and in 2000, he founded Buzbee Law Firm. He spends more time promoting himself than his practice, and it has paid off. For instance, the New York Times Magazine described him as “One of the most successful trial lawyers in the country.” The New York Times Magazine based their endorsement for Buzbee in his role in the litigation against BP, following the Deepwater Horizon Oil Spill in the Gulf of Mexico.

Hardin remains a household name in the legal community. He is not new to the Harris County Court districts, joining the Houston legal confraternity in 1975 as an assistant district attorney and starting his practice after 15 years. Hardin is familiar with the streets, the intersections, and even the traffic lights within Houston’s downtown, the abode of the civil courthouses. He could close his eyes and identify the courtrooms, seating arrangement, and possibly, the presiding judges.

The jury process could equally leave a shocking outcome because there is no specified way to gauge how the panel will likely view any case.

All indications show that the major focus, in this case, may shift from the allegations to a clash between two legal luminaries. It might boil down to Buzbee’s media crusade versus Hardin’s dogged courtroom litigation aptitude. Buzbee, it appears, invests most of his time promoting his clients’ allegations to draw a favorable public opinion.

However, the unpredictability of court litigation might equally unload surprises. It is a complicated process where the standards of right and wrong are stifled by what one can prove. The jury process could equally leave a shocking outcome because there is no specified way to gauge how the panel will likely view any case. Hardin is already requesting a jury trial.

♦ Professor Anthony Obi Ogbo, PhD, is on the Editorial Board of the West African Pilot News

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Anthony Obi Ogbo

SCOTUS: U.S. Democracy on a Knife Edge

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In just two years, this court has rearranged America’s system and dragged it back to the 40s by systematically undoing major legislation.. —Anthony Ogbo

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President Joe Biden has been very outspoken about his thoughts that the Supreme Court dominated by rightwing justices, cannot be relied upon to uphold the rule of law. In June 2022 for instance, after this Court overturned Roe v. Wade, he said, “Make no mistake: This decision is the culmination of a deliberate effort over decades to upset the balance of our law. It’s a realization of an extreme ideology and a tragic error by the Supreme Court, in my view.”

In a typical democratic process, the three arms of government play a crucial role in ensuring a balance of power and upholding the principles of justice, accountability, and transparency. These three branches – the executive, legislative, and judiciary – work together to ensure the smooth functioning of a democratic system.

However, the current political trends in the American system might suggest otherwise. SCOTUS, conservative to the bone marrow, appears to be the only overbearing arm in the system, indirectly changing the existing rules, and dictating or interpreting them to suit their radical interests.

The key recent rulings of this far-right Supreme Court have been trending. These rulings have a serious impact on various issues, ranging from civil rights to environmental regulations. Indeed, SCOTUS is overly focused on destructively conservative ideology and this has drastically affected the rights of marginalized communities, such as women, racial and ethnic minorities, and the LGBTQ+ community.

Recent rulings so far are posing serious consequences for the lives and well-being of millions of Americans and could undermine the progress that has been made toward a more equitable and just society.

In just two years, this court has rearranged America’s system and dragged it back to the 40s by systematically undoing major legislation. For instance, in June 2022, in a historic and far-reaching decision, this court officially reversed Roe v. Wade, declaring that the constitutional right to abortion, upheld for nearly a half-century, no longer exists.

Another surprising but historic decision came around June 2023 when this court effectively ended race-conscious admission programs at colleges and universities nationwide. In a decision divided along ideological lines, the six-justice conservative supermajority invalidated admissions programs at Harvard and the University of North Carolina. Now, most other colleges are following that precedent.

We can go all day recalling very daring policies bastardized by the conservative majority of this court. For instance, the striking down of President Biden’s groundbreaking plan to forgive some or all federal student loan debt for tens of millions of Americans; and a controversial ruling against the LGBTQ protections in favor of a Christian web designer in Colorado who refuses to create websites to celebrate same-sex weddings out of religious objections.

But their mission is not over. In just this week alone, this court agreed to hear an appeal brought by a man charged with offenses relating to the Jan. 6, 2021, assault on the U.S. Capitol in a case that could have a major impact on the criminal prosecution of former President Donald Trump. That was not enough. It further handed the Texas Republicans a huge win when it ruled that the map in GOP-run Galveston County could be used, despite concerns that it was discriminatory against minority voters because it took away the only district dominated by Black and Latino voters.

The latest show of power by the Supreme Court has exposed the porosity of the democratic process. In addition, appointing politicians radicalized by dire social ideologies and party extremists to the Supreme Court raises questions about its objectivity and impartiality.

Here is a feasible remedy. While voters whine about immigration, abortion, gun control, etc., voters must take seriously the power of this court and its capacity to shape the future direction of the United States. Thus, curtailing their excesses requires a Democratic-led House and Senate to push through a more objective legislative agenda without objections. Giving the system another chance to induct more right extremists into this Court might be self-destructive.

♦Publisher of the Guardian News, Journalism and RTF Professor, Anthony Obi Ogbo, Ph.D. is on the Editorial Board of the West African Pilot News. He is the author of the Influence of Leadership (2015)  and the Maxims of Political Leadership (2019). Contact: anthony@guardiannews.us

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Anthony Obi Ogbo

Hunter Biden’s Path to Avoid Prosecution: Run for President

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He can equally argue that a presidential candidate in a forthcoming election must be exonerated from legal indictments to avoid “election interference” or “weaponization of the justice system” by the regime. —Anthony Ogbo

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In the realms of political governance, the power of setting precedence cannot be underestimated. When a precedent is created, it becomes a guiding principle or standard for future actions or decisions. It establishes a framework for how similar situations should be handled, and it holds individuals accountable for their actions. Whether in law, politics, or personal relationships, setting precedence can shape and influence future outcomes.

Since last year, the former president, Donald Trump has been at loggerheads with the law, playing hide-and-seek with the Justice Department over his surmounting legal predicament. The major contention was that a presidential candidate in a forthcoming election must be exonerated from legal indictments to avoid “election interference” or “weaponization of the justice system” by the regime.

Some media analysts and legal scholars with political interests have argued similarly, that the “candidate” Trump should be immune from charges over offenses he committed because he is a candidate.

A few days ago however, the Department of Justice filed new criminal charges against President Joe Biden’s son, Hunter, accusing him of failing to pay $1.4 million in taxes while spending millions of dollars on a lavish lifestyle. He faces up to 17 years in prison if convicted. Hunter Biden’s lawyer, Abbe Lowell, defended his client accusing U.S. Special Counsel David Weiss, who is leading the probe, of political bias.

Since this announcement, President Biden’s Republican critics and the right-wing media communities have been celebrating. They have a reason to. For instance, this derisive federal indictment has provided a boost to House Republicans for their impeachment inquiry against President Biden – yet there was no mention of Biden in the indictment. So far, their efforts to prove serious wrongdoing on Biden’s part have come up blank.

But there is another dimension to Hunter’s case. As we know, Trump accumulated his legal woes before he quickly declared to run for President on November 15, 2022. He made it clear that no verdict or sentence would halt his campaign and bragged that he would carry on running for president from behind bars if he had to. And that if elected, he would use the power of his office to either quash any ongoing prosecutions or pardon himself for any convictions.

He posted personally identifiable information about court officials, including a photo of a judge’s daughter; warned ​​of “potential death and destruction” if he is charged; and vowed, “IF YOU GO AFTER ME, I’M COMING AFTER YOU.” Trump’s lawyers argue he is a political candidate exercising his First Amendment rights.

In Georgia, grand jurors’ names, addresses, and images were released online by Trump allies and a racist death threat against the judge presiding over the federal Jan. 6 case. The Brennan Center for Justice at NYU Law published a display of Trump’s troubling pattern of attacking judges and the courts for rulings he disagrees with. In addition, Rolling Stone (July 2022) reported how Trump told his team, he needed to be president again to save himself from criminal probes.

Trump has intentionally derailed proceedings by frivolously requesting delays and unwarranted extensions on pre-trial issues. These are just strategies to aimlessly continue dragging these cases with unjustified delays.

But his antics so far are paying off. Besides the delay tactics, Trump and his cronies believe that his cases would be strategically dragged to the extremely right-leaning Supreme Court, where the judges he appointed could be of great help.

There are also congressional efforts to save Trump from his dilemma. Recall that on March 30, a grand jury in Manhattan indicted him on 34 counts of falsification of business records. Shockingly, the response of congressional Republicans created an ugly pattern of defense for Trump. Before the indictment, Republican congressional committee chairs threatened to subpoena confidential records from the investigation and withhold federal funding in retaliation for any indictment.

These are all dangerous precedents that can stall the democratic process and destroy the scepter that guides the rule of law. In a democracy, setting a precedence may not be a written law, but remains a fundamental aspect of the legal system. In other words, when a court decides on a particular case; congress undertakes an unusual process, or the system condones a certain tradition, it becomes a binding precedent that must be followed in similar cases in the future. This ensures consistency and predictability in the system.

The danger of all these trends is that a line of legal patterns has already been created, and more are on the way. In the meantime, Hunter Biden could take advantage of these privileges by simply declaring to run for election as an independent. He could follow Trump’s playbook and equally enjoy the privileges already set in the political and legal system.

♦Publisher of the Guardian News, Journalism and RTF Professor, Anthony Obi Ogbo, Ph.D. is on the Editorial Board of the West African Pilot News. He is the author of the Influence of Leadership (2015)  and the Maxims of Political Leadership (2019). Contact: anthony@guardiannews.us

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Anthony Obi Ogbo

Shutdown fiasco: Voters are getting exactly what they voted for—stupidity

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They had the opportunity to bring level-headed representatives into Congress during the Midterm but blew it. They ignored all the warnings and stubbornly supported, voted, and cheered the most destructive political vandals into Congress. Today, they are getting exactly what they bargained for—insanity” —Anthony Ogbo

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Currently, the Congress is made up of three political organizations – the Republicans, the Democrats, and a psychotic gang called MAGA. By the way, MAGA named after Donald Trump’s 2016 presidential campaign slogan “Make America Great Again” is a xenophobic political movement that emerged during that period. Trump remains their undisputed gang leader.

During the last Midterm, at least 80 people who have questioned the 2020 election results won seats in the House— reinforcing a sizable MAGA caucus. Analysts then warned that this trend could impact the 2024 presidential election, reshape congressional priorities, and weaken institutional leaders.

Even before these elections, there were stern warnings about these vandals – that if elected, they would wield influence first in choosing the caucus’ leadership — and those leaders would have to make deals, either with them or with Democrats, to pass any bill. Most Americans blatantly refused to listen, especially some independents and other voters leaning right. Today, the entire country is suffering the wrath of what was predicted before and after the 2022 Midterm election.

This was how we got here.

Just a few hours ago, MAGA Republicans in the House rejected a bill proposed by their leader, Speaker Kevin McCarthy, to temporarily fund the government, making it all but certain that federal agencies will partially shut down beginning on Sunday.

In a 232-198 vote, the House defeated a measure that would extend government funding by 30 days and avert a shutdown.

Embattled President Joe Biden called them an “extremist movement that does not share the basic beliefs in our democracy”. Biden said that, while not all Republicans adhere to the movement, the party is currently “driven and intimidated by MAGA Republican extremists”.

MAGA’s gang leader, Trump is having a field day. He shut down the government once as a president and this time, he had ordered his disciples in the House to do it again. He convinced them that a shutdown would stop the federal and state trials he faces in D.C., New York City, Florida, and Georgia. Here’s how he posted this on his Truth Social site.

“Republicans in Congress can and must defund all aspects of Crooked Joe Biden’s weaponized Government,” the former Republican White House occupant bleated. Doing so would be “the last chance to defund these political prosecutions against me and other Patriots.”

Do not forget that the last time Trump shut down the government, for 35 days, was to unsuccessfully force lawmakers to fund his xenophobic Mexican Wall.

Without going any further, let me go straight to the main point – the political implications of the choices voters make, especially in very crucial elections. It is wrong to continually blame elected officials for dire political advances. The two major stakeholders of the election process are voters and the candidates they elect. Voters who elect unintelligent destructive radicals into office should equally be blamed for self-damaging electoral choices.

Voters had the opportunity to bring level-headed representatives into Congress during the Midterm but blew it. They ignored all the warnings and stubbornly supported, voted, and cheered the most destructive political vandals into Congress. Today, they are getting exactly what they bargained for—insanity.

Those who stupidly elected or reelected the likes of Marjorie Taylor Greene, Matt Gaetz, Lauren Boebert, Jim Banks, and a lineup of other moronic hardliners should be ashamed of their voting choices.

The greatest threat to America’s democracy today is no longer the communist foes. Also, those who, this time, believe or argue that America’s top problems are inflation, healthcare affordability, drug addiction, and gun violence must stop deceiving themselves. From the rule of law to the governance structure and culture, Trump and his MAGA group remain the nation’s greatest political test. The survival of America’s democracy depends on how voters can reject these demons.

♦Publisher of the Guardian News, Journalism and RTF Professor, Anthony Obi Ogbo, Ph.D. is on the Editorial Board of the West African Pilot News. He is the author of the Influence of Leadership (2015)  and the Maxims of Political Leadership (2019). Contact: anthony@guardiannews.us

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