Captain's Quarters Comments - Latest Comments in Judge To NBC: You Can't Control Your Own Content

Re: Judge To NBC: You Can't Control Your Own Content

dresslar — Thu, 17 Jan 2008 10:59:12 -0000

Yes, explanations don't seem to be a necessary debating tool with you and your compatriots defending Ed.

"I don't need to explain a thing." Shouldn't that have been, "I CAN'T explain anything?"

Truly pathetic, unclesmrgol.

Re: Judge To NBC: You Can't Control Your Own Content

conservative dude — Thu, 17 Jan 2008 10:47:01 -0000

hey uncle, as i have read through the posts here, i am detecting that the liberals and cap'n ed supporters are talking at cross purposes. the latter group arguing that ed's opinion is validated by the overturning of judge thompsan's ruling. while many of the greenwald supporters basically saying that he got it right for the wrong reasons.

after having read the NSC's ruling, i have to give this one to the greenwald gang. the ruling states that the court lacked jurisdiction on the FCC claim because kucinich did not apply to the FCC first for relief, not because they are federal airwaves. it has been pointed out that state courts are able to rule on federal laws. On the contract claim, which ed did not address, the NSC ruled that the judge was wrong in not considering whether or not a valid contract existed.

if one of my medical students gave me the correct reaction product on an organic chemistry question, but had all of the intermediate products wrong, the answer would still be counted as incorrect. knowing how to get an answer is just as important as getting the answer for obvious reasons.

Re: Judge To NBC: You Can't Control Your Own Content

conservative dude — Thu, 17 Jan 2008 09:59:30 -0000

it was both.

Re: Judge To NBC: You Can't Control Your Own Content

conservative dude — Thu, 17 Jan 2008 09:54:43 -0000

according to judge thompson's official biography, he is a republican. FYI.

Re: Judge To NBC: You Can't Control Your Own Content

Jestaplero — Wed, 16 Jan 2008 15:20:25 -0000

Or, perhaps you should study the law first before trying to write about it.

Re: Judge To NBC: You Can't Control Your Own Content

dresslar — Wed, 16 Jan 2008 14:46:48 -0000

What a smackdown! That debate club semester in high school is paying BIG dividends today, huh? I'm sure that you're practically fellating yourself with glee at your brilliant witticisms and snappy repartee.

At any rate, "Mission accomplished", docjim505. You have done a better job than I possibly could have at exposing the ignorance and inanity of Special Ed and his feckless minions.

Oh yeah. If you can find the time, I'm still waiting for a reasoned answer to my question. Give it a shot. Believe me, you have absolutely nothing to lose.

Re: Judge To NBC: You Can't Control Your Own Content

dresslar — Wed, 16 Jan 2008 14:23:06 -0000

Interesting retort (or, more accurately, reguritation).

1) Please direct me to my interpretation of the legal merits of the case in the comment section for this post.
2) Yet again - for the 5th time now - please answer the following question:

Do you believe Ed's argument was based on an informed interpretation of the facts of the case, and of the relevant state and federal legal statutes?

(No, dfeyres, the fact that you claim it was more informed than my phantom interpretation does not answer the question.)

This refusal to answer a simple question really is telling.

Re: Judge To NBC: You Can't Control Your Own Content

unclesmrgol — Wed, 16 Jan 2008 11:47:40 -0000

I think you missed the point. Again. We all knew the "facts", including the three claims Kucinich made in his case, long before the Judge Thompson's decision was quashed. We have the Supreme Court of Nevada decision as a guide, and the mandamus they issue at the end is quite pointed. Read the Court's unanimous opinion, and note where they align with the Captain's reasoning.

You lawyer dudes were owned by a non-lawyer in this one. I know this loss has got to rankle, but you've got to follow those law school admonishments about not taking a loss too seriously...

Frankly, Frank, you are welcome to hold to whatever tatters of nonsense you think is appropriate. I'll hold to mine. And we'll see who's right 90% of the time and who's right 10%.

Re: Judge To NBC: You Can't Control Your Own Content

captained — Wed, 16 Jan 2008 10:36:36 -0000

Laughable. Truly laughable. You should study the First Law of Holes.

Re: Judge To NBC: You Can't Control Your Own Content

The Jestaplero — Wed, 16 Jan 2008 10:14:56 -0000

As a lawyer, (an assistant district attorney, actually) I can confirm that Greenwald is correct - you appear to have no idea what you're talking about. You make matters worse by pretending to know something - throwing around big, impressive-sounding terms like "interstate commerce claims", "tort", and "jurisdiction" - when you have no idea what you're talking about, thereby committing a fraud upon your readers.

Possibly your most embarassing moment is your update where you crow that the Nevada Supreme Court agrees with you and disagrees with Greenwald, which of course is completely false and demonstrates that despite all the highly-informed criticism provided to you by GG and your commentors, you apparently remain completely clueless about what's going on here.

The appellate court reached an outcome similar to yours, but they clearly did not adopt your reasoning to get there - a good thing, since your reasoning had nothing to do with the way the law actually works in the real world - and since GG quite clearly did not take Kucinich's side, your claim that the court "disagreed" with him is simply bizarre. The Patriots in the Super Bowl analogy that a commentor provided was perfect.

Face it, Ed - you've proved Greenwald's point for him - spouting off about a judicial outcome simply because you don't like it, when you have no clue about the applicable law and procedures, is the true definition of "judicial activism."

Re: Judge To NBC: You Can't Control Your Own Content

MrLynn — Wed, 16 Jan 2008 09:50:15 -0000

Exactly where is the error in those two sentences? Or are you just prone to gratuitous insults?

/Mr Lynn

Re: Judge To NBC: You Can't Control Your Own Content

flagwaiver — Wed, 16 Jan 2008 09:45:20 -0000

I can't leave because I can't stop guffawing.

Re: Judge To NBC: You Can't Control Your Own Content

captained — Wed, 16 Jan 2008 06:29:56 -0000

But it's okay to be wrong - maybe even a virtue - as long as one beats out the competition and builds eyes, right?

I don't know; maybe you should ask Glenn. I said that the ruling violated jurisdiction and the First Amendment, and the Nevada Supreme Court agreed. Maybe I didn't throw around hifalutin terms like "Section 315", but then again, I didn't get it wrong, either.

Perhaps I'm not quite as ignorant as y'all assumed, eh?

Re: Judge To NBC: You Can't Control Your Own Content

herddog505 — Wed, 16 Jan 2008 05:17:23 -0000

OFFS!

OK, Killer, you win! I think that Cap'n Ed, who is not a noted constitutional lawyer, legal scholar and member of the bar in Nevada, was totally talking out of his butt. I stipulate that he had not the faintest clue about the legal issues at hand when he made the wild, crazy, totally-without-any-legal-knowledge argument that Judge Thompson was guilty of judicial activism when the judge told NBC that they HAD to put Dennis the Menace on the debate or else!. In fact, I'll even go so far as to say that Cap'n Ed wouldn't know a law book if it bit him in the ass. Hell, it's even possible that Cap'n Ed developed his argument while under the influence of some mind-altering drugs. Either way, I agree with you: he completely, utterly, totally, conclusively, inarguably had NO informed understanding AT ALL of the facts of the case or of the relevant state and federal statutes. You should never, ever read another of his blog posts on legal matters because, IMO, he'll NEVER write one based on informed interpretation of the law or the facts of a case. It just ain't in him. Nice guy and all that, but a complete dunce when it comes to the law. You're better off asking the Pope about day-to-day life in a Bangkok brothel than you would be reading ANYTHING Cap'n Ed writes about the law. He's totally ignorant of it. I doubt he could even spell the word "law" even if you gave him his favorite crayon AND told him the first and last letters of the word.

Therefore, it's nothing but luck - sheer, blind, stupid, dumb, doesn't-understand-the-basic-legal-issues-or-the-relevant-state-and-federal-statutes luck - that the NVSSC effectively agreed with Cap'n Ed and NOT with your hero, the infallible and incredible Glenn Greenwald.

Now, will you, Glenn Greenwald and your fellow losers kindly get off the field and bleed somewhere else?

Re: Judge To NBC: You Can't Control Your Own Content

unclesmrgol — Wed, 16 Jan 2008 02:48:42 -0000

Henry, you're up for re-election. If you go out there and declare that Santa Claus does not exist, you're only going to get two votes: Your own, and the district attorney's.

....

I...do.

After all, under the guise of judicial activism, aren't all our opinions important?

Re: Judge To NBC: You Can't Control Your Own Content

unclesmrgol — Wed, 16 Jan 2008 02:29:11 -0000

Thank you for this.

Re: Judge To NBC: You Can't Control Your Own Content

unclesmrgol — Wed, 16 Jan 2008 02:28:34 -0000

Thanks for getting one I missed. Nice response.

Re: Judge To NBC: You Can't Control Your Own Content

dfeyres — Wed, 16 Jan 2008 01:57:42 -0000

Dresslar,

Capt. Ed's opinion was clearly based on a more informed interpretation of the case, and of relevant state and federal legal statues, than was yours. Does the term "unanimous" suggest anything to you? When you reach rock bottom, the best thing you can do is stop digging.

Re: Judge To NBC: You Can't Control Your Own Content

dfeyres — Wed, 16 Jan 2008 01:49:55 -0000

Flagwaiver,
The Nevada Supreme Court unanimously said that the Captain was right and Mr. Sockpuppet Esq. was wrong. I'd suggest sprinkling a little ketchup on your foot next time you post something here.

Re: Judge To NBC: You Can't Control Your Own Content

Frank — Wed, 16 Jan 2008 01:36:25 -0000

You missed the point. Again. The Captain had no idea what he was talking about and didn't bother to research the issue. (tort, interstate commerce claim, jurisdictional issues) The fact that he eventually got it right has no bearing on my argument which was no one knew the facts of teh case, the basis or claims or the judge's reasoning and further, no one bothered to check before declaring "activism". Indeed my argument was not that the judge was no t an activist, but that you and the Captain had no idea either way... and frankly you still don't.

Re: Judge To NBC: You Can't Control Your Own Content

dresslar — Wed, 16 Jan 2008 01:28:23 -0000

docjim505,

Re: the following statement:

"It would appear that the Nevada Supreme Court doesn't agree with Judge Thompson and, by extension, DOES agree with Cap'n Ed and me."

I take it that, after your careful reading of the decision, you believe that the Nevada Supreme Court would agree with Ed's original assessment of the legal merits of Kucinich's filing?

I refer you to a graf from an earlier reply of mine to Ed's proclamation of vindication:

"If I say that the Patriots will win the Super Bowl due to the convergence of prime interest rates and the percentage of African-American voters who pulled the lever for Mike Gravel in the Iowa primary, would my argument be validated if they win?"

And, while your at it, please (for the 4th time now), please answer the following question:

Do you believe Ed's argument was based on an informed interpretation of the facts of the case, and of the relevant state and federal legal statutes?

Anyone .... Bueller ... Bueller ....

You really need a course in basic logic, brother.

Re: Judge To NBC: You Can't Control Your Own Content

TokyoTom — Wed, 16 Jan 2008 01:26:01 -0000

Ed, I imagine that you'll think about GG's point about blogging in ignorance, on which no amount of post hoc quarterbacking will put you in the right. Damn those slippery lawyers! But it's okay to be wrong - maybe even a virtue - as long as one beats out the competition and builds eyes, right?

But while you ponder "activism", you might wonder what it is when the Nevada Supreme Court provides NBC with relief that NBC didn't request (mandamus), while refusing on procedural grounds to consider fully the merits of the substantive contract law aspects presented by Kucinich (promissory estoppel).

While I strongly oppose interference with First Amendment rights, NBC clearly treated Kucinich shabbily, and whether such treatment amounted to a breach of enforceable obligations that could be enforced via specific performance is a serious issue, aside from questions about the FCA. While NBC won in the Nevada Supreme Court, most of your post remains laughably wrong. Only someone who doesn't really want to be taken seriously would be proclaiming this a win.

In the big picture, is it wrong to pick on our poor little media corporations from excluding voices like Kucinich and Ron Paul from televized debates? Who wants guys like that making inconvenient points about foreign policy, the war on drugs and big government, anyway? It just confuses voters.

Re: Judge To NBC: You Can't Control Your Own Content

dresslar — Wed, 16 Jan 2008 01:18:19 -0000

Your ignorance knows no bounds. For the 3rd time. please answer the question:

Do you believe Ed's argument was based on an informed interpretation of the facts of the case, and of the relevant state and federal legal statutes?

Re: Judge To NBC: You Can't Control Your Own Content

Benedict@Large — Wed, 16 Jan 2008 01:18:04 -0000

Clearly Mr. Lynn, you like to SOUND like a lawyer, but equally as clearly, you are not. I doubt you could even score well enough on LSAT to be seriously considered for admission to any law school other than Lynn University.

Of course, that would qualify you for a job with Alberto Gonzales. Perhaps you could even file his appeals. Unless of course he finds God and wants real lawyers for that.

Re: Judge To NBC: You Can't Control Your Own Content

herddog505 — Wed, 16 Jan 2008 01:11:04 -0000

Stop digging yourself deeper. You seem to be attempting to continue to discredit Cap'n Ed despite the fact that he was right... BUT FOR THE WRONG REASONS!

If it makes you feel any better, just tell yourself that he got lucky THIS TIME... as you leave the field a loser.