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Archive for the 'Law' Category
Thursday, April 18th, 2013
Truly a blow to democracy. Check this video.

Active duty soldier (veteran of the Iraq and Afganistan wars) and Concealed Handgun Licence holder Christopher J. Grisham was unlawfully disarmed and arrested on March 16 while hiking with his son, who was earning his Eagle Scout rank. Now Temple police have a lawsuit on their hands. Grisham has begun to raise money for his court case and his fellow gun rights-advocating Americans are not letting him down!
After two days of fundraising for his court case, he reached double his fundraising goal. Read about his fundraising campaign here. This is a prime example of illegal search and seizure by over-zealous police. This is CHL holding active duty soldier walking with his son. He wasn’t menacing. The police needlessly handcuffed and disarmed this man. I’m all for police protecting themselves, but I hope every cop in America is watching this and notes that Americans are INNOCENT UNTIL PROVEN GUILTY and will not have their guns taken away. As Grisham says on his blog,
No one should have to fear being illegally disarmed without warrant, especially someone who has never committed a crime in his life.
Posted in Civil Rights, Guns, Law, National | 8 Comments »
Thursday, February 21st, 2013
About 15 people gathered in the EMU Walnut Room Tuesday for coffee and discussion of the arming of UOPD. Interview here. Below, a photo essay by Oregon Commentator photographer Jazmin Avalos.

(more…)
Posted in Administration, Campus, Interviews, Law, University | No Comments »
Monday, February 18th, 2013
On February 15th the UO Con Court effectively said “Never mind,” responding affirmatively to a motion to reinstate ASUO President Laura Hinman.
The Con Court decided that Hinman’s nonfulfillment of duties, which is the reason she was pulled from office in late January, had been remedied by ASUO Vice President Nick McCain. The petition for reinstatement cited Hinman’s appointing of Pat Chaney to the elections board, followed by Chaney’s recommendations of four other applicants and finally by McCain appointing those recommendations on February 7th, during Hinman’s forced absence.
The completion of an elections board resolved the initial dispute brought to the Con Court, which was a grievance filed against Hinman by Joanna Stewart. The full Con Court opinion can be read here.
And they all lived happily ever after, despite the excruciating budget hearings and God knows what else.
Posted in ASUO, Ethics, Law, Politics, University | No Comments »
Wednesday, February 13th, 2013
We had technical difficulties. Sorry, no live blog. Police Chief Carolyn McDermed, Captain Pete Deshpande and UOPD Communications Director Kelly McIver were present.
Alright, so McIver gave us the rundown on why guns will make better Police Officers.
Senator Hedlund was the first and only person on the speakers list. He wondered what the UOPD reps thought about putting the decision to arm up for student-wide vote.
McIver argued that would be divisive. Senator Ben Bowman agreed.
Also, if we did that, warned McIver, then UOPD would just go above us and get approval from the State Board of Higher Education.
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Posted in ASUO, Law, Stupid, Worthless | 6 Comments »
Tuesday, February 12th, 2013
Almost 40 (a generous estimation) people not affiliated with the newly named University of Oregon Piggy Department gathered in Great Global Scholars Hall last night and a public forum started around 6PM. The subject? The arming of UO Police Officers.
Jamie Moffitt explained that amidst budget cuts with EPD and lessened support, the growing campus community has heightened needs.
Public information officer and communications director at UOPD Kelly McIver maintained that armament is part of the mission to keep the campus safe. He also reiterated a few times that UOPD will generally refer students to the Office of Student Conduct, rather inject legal troubles into their lives.
“Police are not here to police students,” McIver urged. Fun fact according to officials: 88% percent of the suspicious persons investigated by UO Public Safety last year were people unaffiliated with the UO.
Interim Police Chief Carolyn McDermed said it’s really all about relationships. Building a relationship with the community in order to best serve their needs.
The Register Guard has a good play-by-play.
Yes, as of January 1st, 2012 the men and women public-safetying our campus are suffering an inferiority complex. Currently, the UOPD has eleven sworn police officers with thirteen public safety officers aiding them. Only a “couple of” (which I can only assume to mean at maximum but also minimum two) officers are on duty during its 24/7 operation.
In the spirit of the Great Global Scholars Hall, I must ask, “Qué tipo de mierda es eso? Súper inefectivo!”
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Posted in Campus, Eugene, Guns, Law, Oregon, University | 9 Comments »
Tuesday, January 22nd, 2013
ASUO president Laura Hinman has been removed from office for nonfullfilment. To be candid, the reasons behind the removal are disappointing, considering the bar set by ASUO scandals in recent years.
The UO Constitutional Court ruled in favor of a grievance filed against Hinman, stating that she failed to appoint an elections board by a specified deadline. The ruling can be seen here. The grievance was filed by Joanna Stewart, manager for the notorious Katie Taylor and Alex Sylvester campaign.
Vice President Nick McCain will take over the position, though a petition to reinstate Hinman began shortly after the court decision.
The ASUO executive has not yet made a statement on the matter.

The Con Court doesn’t look anything like this…why?
Edit (2/18/13): An update on this issue can be seen here.
Posted in 2012 ASUO Elections, ASUO, Blowing Stuff Up, Elections, Law, Miscellaneous, Politics, Stupid | 9 Comments »
Friday, December 21st, 2012
It’s 10pm on a Friday night, which might be our last night alive, but here we are again discussing the debacle that is the EMU Referendum .
Student and USSA member Lucero Castaneda (the n having one of those squigglys above it that WordPress is reluctant to allow) has filed a grievance against ASUO president Laura Hinman, claiming a biased approach to the EMU referendum. For those of you who haven’t followed the sketchiness, this post from before the EMU referendum vote and this post from after can help catch you up.
The rule Castaneda accuses Hinman of violating is as follows:
The ASUO Elections shall be conducted in a manner consistent with the best interests of the student body. The elections shall be conducted in a fair, orderly and impartial manner, and the educational atmosphere of the University shall not be compromised, by any member of the ASUO involved in the electoral process.
Castaneda wrote; “The EMU Renovation Task Force…engaged in a heavy-handed pro-yes campaign on the EMU referendum. This is clearly indicated in the memo between the Task Force and the political consultant firm they hired, RBI strategies.” Click here for the memo.
She also says that Hinman’s membership in the EMU Renovation Task Force establishes her unfair inclination on the issue. The example provided is the ASUO’s education campaign, which Castenado says contains “slanted language and pro-renovation opinions presented as fact.” Students wishing to learn about the issue were directed to this website; judge for yourself.
Castaneda then cites Hinman’s selective approach to student involvement:
Campus outreach during the week of the referendum disproportionately targeted Greek life. No student union or other student group with space in the EMU was notified of the referendum, yet several fraternities and sororities were visited by members of the ASUO Executive and encouraged to vote in the referendum. Why would [Hinman] go out of her way to travel to the homes of students belonging to fraternities and sororities to encourage them to vote, but not attempt to contact students already present in the EMU? The reason is that [Hinman] perceived Greek students to be more likely to vote yes, and students belonging to groups within the EMU more likely to vote no.
Castaneda suggests that, because the methods to achieve a “yes” vote on the EMU renovation appear to be biased, a second vote is in order. “The most logical remedy is to invalidate the results of this referendum, and hold a second referendum on the same question, this time under the jurisdiction of a duly appointed elections board.”
Posted in ASUO, Business, Campus, Elections, EMU, Ethics, Fiscal Responsibility, Law, Politics | 1 Comment »
Thursday, December 13th, 2012
Students and faculty at the UO know the power Nike has in Oregon. Even Google knows it. The sports empire has its well-fitted and flashy foot in the door of Oregon’s economy but, like the athletes it equips, faces heavy competition. Intel, a company that employs more Oregonians than any other, is disputing a bill that would give more tax breaks to Nike. Not-so-coincidentally, the bill being supported by Nike cuts out Intel.
The bill allows companies to lock in their tax structure so changes in their business won’t result in tax hikes. However, it doesn’t apply to companies that saved over five million dollars through the Strategic Investment Program. Last year Intel saved 22 million dollars thanks to the SIP.
The process behind how the guideline was added remains a mystery, but it’s clear that this is a skirmish for Oregon’s monetary favor between two titans. Both Nike and Intel promise expansion within Oregon in the near future, but this bill could directly affect their incentives and progress. In turn, Oregon jobs and industry. Governor John Kitzhaber has stated that he doesn’t support the SIP based exclusion, but what form the final legislation will take is still unclear.

What is clear is that’s one fine piece of mustache.
Posted in Business, Government, Law, Oregon, Politics, Sports, University | No Comments »
Tuesday, December 11th, 2012

After getting off of work in the dungeon that is the Knight Library basement, I stepped into the afternoon rain. I pulled a pre-rolled cigarette from my pocket (Bugler brand – mangy, disgusting Bugler) and lit it. Standing off to the side so as not to spread smoke, an elderly woman shot me the evil eye before stopping in front of me: “There’s no smoking on campus. Go smoke across the street.”
I stared at her until she left.
This kind of situation has become all-too-common since the Healthy Campus Initiative, in partnership with the UO Health Center and the administration (with a special guest funding appearance from the ASUO), implemented a campus-wide smoking ban at the beginning of the Fall. The idea of a smoking ban isn’t anything new; the Smoke Free Campus Task Force (SFTF) issued a report in 2008 that sought to
tak[e] up the matter of campus smoking policy with the understanding that the issue is fueled by strong personal convictions for perceived personal rights, both the right to be free from the effects of secondhand smoke and the right to choose to smoke cigarettes (STFT Report, emphasis mine)
The rest of the report either references student support from polls drawn from other universities, or flat-out neglects student responses in order to reference various studies, policies, and polls from other universities. Under “Synthesis of Survey Findings of UO Faculty, Staff, and Students,” the report states that
Many survey respondents are ready to support the move to a smoke free campus… [and] also were confident that this could be accomplished with designated smoking areas… (Ibid.)
Oh, hey, there’s a reasonable point. But no! The STFT simply cannot concede, because “enforcement becomes very difficult and compliance suffers as a result.” You don’t say.
No matter what the administration does, what programs it implements, what funding it pulls or pushes, students will push against it. Lord knows the Commentator will. The Healthy Campus Initiative tried to remedy this student disconnect with the “STFU” posters, a internet-conscious campaign that seemed to confuse people more than encourage quitting (check out this post about the issue from our very own Editor Emeritus Sophia Lawhead).
Another argument is that it unfairly targets lower-income UO workers. Even those filthy hipsters at the OV agree with us on this point. Making workers go off campus for a 15 minute smoke break is not only inconsiderate, but damaging to already-strained labor relationships.
 “All I wanted was a non-fat, cream-jizzed latte with peasant tears in it!”
So why bring up this almost-5-year-old report, you may ask? Because Frances Dyke and company never really cared about what students thought. The UO has become a brand, and it needs to sell itself in order to keep flagging state funding and private donor contributions steady. The publicity surrounding the ban has relentlessly focused on the “progressive” aspects of the program without attending to the opinions of students or faculty – and if so, only through narrow data samples used to prop up their point.
But the effects of secondhand smoke are serious. I completely understand the goal behind the smoking ban. Cigarette butt litter continues to be a problem, and has only been exacerbated by the ban — take a look at the 13th and Kincaid entrance to campus if you don’t believe me. Families with young children and people with respiratory problems are also rightfully concerned.
The only way to fight this ban, then, is to implement a personal smoker code of ethics to demonstrate smoker commitment to a healthy campus and personal freedoms. Here’s mine:
- Always smoke away from buildings and large groups of people, and/or areas of great traffic.
- Stop inhaling and pull the cigarette as far away from passing families with children.
- If someone asks you to smoke off campus, politely decline or simply don’t say anything at all. You’ll be finished if and when they call DPS.
- Put butts out and make sure they’re extinguished before throwing them away.
- Throw butts in the trash.
- If an officer asks you to put your cigarette out, assess the situation. Fines suck, but so do the deprivation of “perceived personal rights.”
- Overall, recognize that your activity is looked down upon. Take pride in this.
It’s not perfect, but it works for me. The Commentator will continue to fight this arbitrary ban with articles, letters, appeals, and upcoming events like Tobacco Appreciation Day. But the ball is in smokers’ courts. We at the Commentator will do our best to point out the massive cavalcades of bullshit directed at students who make the choice to smoke. This smoking ban is just another attempt at nannying the student populace; the administration never does anything without direct benefit to them, and they’ve fucked smokers to bolster their public image under the pretense of “knowing what’s best.”
The whole campaign feels like yet another pat on the head, another assumption about our intelligence, actions, and responsibilities. But we’re not kids anymore. We’re adults, students, workers, and yes, smokers. So smoke ’em if ya got ’em. It’s going to be a long, long battle.
Posted in '08 Election, 2010 ASUO Elections, 2011 ASUO Elections, 2012 ASUO Elections, Alumni, ASUO, Campus, Civil Liberties, Civil Rights, Crazy, Drugs, Education, Elections, Ethics, Eugene, Government, Law, Miscellaneous, Narcissism, Oregon, Politics, Smoking Ban, Snark, University, Website | 2 Comments »
Tuesday, November 6th, 2012
Two (or three) things students should be aware of these coming weeks:
- A supposedly “informative kickoff meeting” for the EMU referendum vote will be taking place TOMORROW (WEDNESDAY), November 7th at 3pm in the Mills International Center. Learn more about the renovation and how you can get involved. The ASUO Executive’s plan for the following week of voting will be addressed, as well as how students will be educated and informed. Students can’t have a voice if students don’t attend!
- The Eugene Social Host Ordinance can lead to a $1000 fine for having gatherings of five or more with alcohol served or consumed, noise complaints, littering ect. There is a petition to oppose it. There will be a rally in the EMU amphitheater on November 19th, 6:30pm and those opposing the ordinance should certainly show up at the Eugene city council meeting at 7:30pm in the Bascom-Tykes Room at Eugene Public Library (100 West 10th Avenue). They need 100 students in order to show the city council that the student body opposes this ordinance. There will be limited transportation provided for students to reach the Eugene Public Library. Anyone interested in helping campaign for this event should contact Senator Lamar Wise in the ASUO.
- And, oh yeah… you have about 2 hours to vote in the general elections. That’s important, I suppose.
Posted in ASUO, Campus, EMU, Eugene, Law | 2 Comments »
Thursday, October 25th, 2012
Measure 77: Authorizes Governor to declare catastrophic disaster and reallocate funds to disaster relief(requires legislative approval), as well as amends constitution to make it easier to call a legislative session in those circumstances. Pros: Allows for quicker aid and support if disaster occurs, and attempts to counteract government stalemate due to existing laws. Cons: Potentially expensive knee-jerk spending, gives the government more power than some would want.
Measure 78: Amends Constitutional language and makes grammatical and spelling changes. Pros: More accurate state Constitution, use of gender-neutral pronouns, gives us another ballot measure to vote on. Cons: How is our state so lame that this is a ballot measure during a Presidential election year?
Measure 79: Amends Constitution to prohibit taxes or fees on real estate transfers. Pros: Potentially blocks ‘double taxation’ due to existing property taxes, helps rural farmers keep family farms, limits Constitutional power of the Legislature. Cons: Could be considered special tax exemption for the real estate sector, limits Constitutionally granted power of the Legislature, partially already the law.
Measure 80: Allows personal consumption of marijuana and expands commercial uses of hemp. Pros: Tax dollars for the state, less wasted government money on marijuana-related crimes, sensible drug policy, LEGAL WEED! Cons: Marijuana more accessible, Taco Bell will need to hire more workers.
Measure 81: Prohibits commercial, non-tribal fishing with gillnets in inland waters. Pros: Allows for the preservation of our native salmon population, helps give recreational fisherman their ‘fair share’. Cons: Fishing jobs lost, unfair regulation of commerce.
Measure 82: Amends Constitution to authorize privately owned casinos. Pros: Percentage of proceeds go directly to the state, ends the unconstitutional monopoly by native tribes on casinos. Cons: Oregon Tribes have had legal right to casinos and will lose profit, ‘gambling related problems’ will be more present in Oregon
Measure 83: Attempting to allow a specific private casino in Oregon; See Pros and Cons of Measure 82
Measure 84: Phases out inheritance tax and all taxes on intra-family property transfers. Pros: Allows for family owned businesses to stay successful and avoid overbearing tax burden, stops ‘double taxation’ on profits. Cons: High-income families getting special tax break, lost tax revenue.
Measure 85: Constitutional amendment to allocate corporate income tax “kicker” refund to K-12 public education. Pros: Supports public education, averages $100-200 million per every three years for K-12. Cons: (No oppositional statements listed in Voters’ Pamphlet) Corporations are overpaying taxes, potential job losses.
Posted in Government, Humor, Law, Oregon, Politics | 5 Comments »
Thursday, July 5th, 2012

As anyone with a working University email address already knows, the Department of Public Safety (DPS) recently sent out an email detailing two separates rapes that occurred near Autzen Stadium and Chase Village. The tentatively-worded email states that
“Police have learned from second and third hand sources that there may have been three separate rapes within a five-day period near Chase Village and Autzen Stadium, beginning Thursday, June 28. No female victims have come forward or wish to file a report, so the information is unverified…
In one incident on June 29, a woman was walking alone around 10 p.m. on the bike path near Autzen Stadium when she was raped by a man with a knife. The suspect is described as a black male, 6′ tall, 200 pounds, with muscular build, and shaved head.
A second-hand report EPD has received is that two additional female victims have been raped on unknown dates, but within the same week, also in the same general area. One of these two incidents involved a similar suspect: black male, 6′ tall, 200 pounds, with muscular build, and shaved head.”
Besides being a horrifying and disturbing event, the incidents described in the email also point out the relative ineffectiveness of DPS and the overbearing presence of a “rape culture” around the UO. These are big claims to make, but stick with me here.
Based on the amount of “Campus Crime Alerts” I receive in my inbox on a weekly basis, it’s fairly clear that DPS is unable to “provid[e] a safe, secure, and welcoming environment.” While the emergency call boxes that litter campus are a great idea, it’s DPS’ inability to do anything other than dole out prevention tips and “Campus Crime Alerts” that really calls their authority into question. Not to mention the subtle fostering of a rape culture, where women are seen as “victims” rather than “survivors” and are perceived as “asking for it” because of their clothing or body language.
Just look at the passive voice in the first description: “A woman was walking alone around 10 p.m. on the bike path near Autzen Stadium when she was raped by a man with a knife.” Not “a man raped her” or “a man assaulted her”: she was raped. While this may seem like a minor syntactical kvetch, this kind of passive voice fails to accurately highlight the criminal nature of the act. You wouldn’t say “A store was robbed by an escaped convict.” You would say “An escaped convict robbed a store.” Instead, the attacker is placed in the background, and thus escapes scrutiny.
But it’s not all bad. The groups listed at the bottom of the email — Womenspace, SASS, the White Bird Clinic, the Counseling Center, SafeRide, and SWAT — are all excellent resources for survivors. Yet this doesn’t seem to be enough to change the prevalence of the University’s rape culture. There are many places that foster this kind of misogyny, undercutting the excellent work done by the aforementioned groups. Greek Life is an especially obvious target for such criticism, but you can find signs of rape culture anywhere. From the shouted “bitches” and “whores” within Taylor’s to the intense consumption of pornography, this mindset is everywhere around Eugene.
Now don’t get me wrong, I love porn. But all these factors have combined together to create a strangely patriarchal cocktail, one that views women as objects to be seized or sold. Women don’t deserve to be treated that way. And before the snarky comments come pouring in, remember that this isn’t about some bullshit in Washington D.C. or a genocide in some faraway country. This happens to people you know and love every day: your friends, coworkers, acquaintances, and even your family.
Rape is wrong no matter what your political beliefs. The failures of the University and DPS only stand as a testament to the kind of incompetence our school is slowly (and sadly) becoming known for.
Posted in ASUO, Booze, Campus, Crime, Education, Eugene, Law, Miscellaneous, Northwest, Oregon, Politics, Sex, University | 6 Comments »
Friday, June 29th, 2012
Drink up more than usual, friends! Today we rejoice as the Oregon Liquor Control Commission discontinues plans to ban cheap drinks in parts of Oregon. The OLCC was trying to make downtown Portland an “Alcohol Impact Area,” (not as fun as it sounds) giving the city of Portland the ability to prohibit businesses from selling disorderly-conduct-causing drinks like malt liquor and inexpensive wine.
So why am I drunk off of a 40 of Mickey’s in downtown Portland as I type this? Many personal reasons actually, but what I mean is, why are they still available downtown? Because it’s been determined that the OLCC doesn’t have the authority to establish AIAs to be recognized by Oregon state law. Cheap booze will live to be drank another day (or should I say, every day) but the city will try to push similar legislation next year.
This conclusion was reached just recently, but the plan has been supported by the organization and Portland officials for two years, and it’s sentiment can still be seen in the community despite the loss. Many businesses have stopped selling the controversial beverages voluntarily, even though the overall reaction of shop owners was mixed when the plan was first proposed.

Due to loss of alcohol related sales, Apu gets a side job.
One of the major arguments for enacting the ban was the supposed success in Seattle, cited by Theresa Marchetti in her original proposal. While the statistics look nice, other sources show that results varied and were ultimately disappointing as people simply found different ways to get intoxicated.
Banning sales of cheap alcohol not only infringes on responsible drinkers and store owners, but it could have some very detrimental results. History has shown that if a person wants a drink, they’re going to get a drink. I see two possible outcomes of this ban. 1) It simply moves riff-raff to another part of the city. Unlike downtown, most parts of Portland are more family-oriented and have more children residents. If we have to have it, let’s at least keep the belligerency in downtown. 2) It creates non-OLCC recognized suppliers in troubled areas. We could be looking at a full on hobo mafia here.
Movements like these have good intentions but generally become a hassle for law abiding citizens and lack worthy results. For example, Portland city commissioner Randy Leonard pushed legislation to lock up spray paint in 2008. It made sales of spray paint to the average Portlander very tedious, and outright banned sales of spray paint to people under 18. Yay graffiti is done! Actually, no significant results have been seen, but you still have to fill out that goddam clipboard in order to paint your bike.
Speaking of geographic memory devices that sexualize fictional characters, anyone in the “Harry Potter Fuck Me Hard” neighborhood can attest that parts of Eugene have staggering alcohol related crime rates as well. Downtown Portland would have been the first AIA in Oregon, but if it passes next year, will it be the last?

Little do these prohibitioners know, Thaddeus T. Rumplebottom was waiting in the sewer with his mouth open.
Past OC articles on the subject
Posted in Booze, Business, City, Government, Law, Miscellaneous, Oregon, Worthless | No Comments »
Sunday, April 22nd, 2012
Sunday, April 22.
The ASUO Constitution Court heard the Dotters-Katz v. ASUO Executive grievance publicly today, and the OC couldn’t cover it live on the blog because there weren’t any fucking outlets in the room. Not sorry.
The grievance was filed by former ASUO President and current UO law student, Sam Dotters-Katz, against our current, beloved ASUO President Ben Eckstein & Vice President Katie Taylor. You can read our earlier coverage of the allegations here, but the grievance is basically an attempt to compel the Con Court to “invalidate the office” of the current ASUO Executive due to the “egregious misconduct” that was the sneaky, conflict-of-interest contribution Charles Denson made to the Ben & Katie ASUO presidential campaign of last year.
Anyway, the ASUO Constitution Court put on quite the show. They wore robes and had DPS officers present. It was all very pseudo-official.
We were all wondering why this was happening in the first place. Because if you know anything about anything, you would know that grievances are filed on the reg amongst the ASUO but never are these grievances heard publicly, and hardly is the Con Court ever seen. So to start, the Court explained that the hearing was being held because of “the merit of the petitioner’s claim, and the stature of the respondent’s office.”
The introductions of both Sam Dotters-Katz—who will be referred to from now on as “SDK”—and Ben Eckstein—who will be referred to from now on as “Beckstein”—were short and disjointed due to the heavy interruption by the Court. I can assure you that both SDK and Beckstein were visibly upset that they couldn’t hear themselves talk for the fifteen consecutive minutes they were expecting to have to do so.
 I love the ASUO more. No, I love the ASUO more! Dammit, counselor, I LOVE THE ASUO MORE! No, I do!
I.
This first part of the hearing was conducted with the burden of proof on the petitioner (SDK). It went a little like this.
1) The Court asked about the statements Beckstein made in this Ol’ Dirty Emerald article. SDK says they’re proof of guilt. Beckstein says that his statements were speculative.
2) The Court discussed the varying definition of “fraud.” SDK used a Webster’s definition. Beckstein used a 5-part US Legal Dictionary definition, claims that SDK would have to prove that respondents were guilty of all five facets of the definition.
3) The Court asked when both petitioner and respondent found out about Denson’s contributions: SDK heard it through “the rumor mill” in the days before the ODE article came out. Beckstein found out a short time after the transaction had been made. Our favorite response came from VP Taylor, who cited “I read about it in the paper like everyone else.” God we love her.
Then there was a brief recess because Chief Justice Schultz said it was “getting hot in here.”
II.
The second part of the hearing was framed in a way in which the Court could hypothesize the guilt of the ASUO Executive. Listed below is what was touched upon.
1) The Court asked respondent about the detrimental effects on the election that could have been caused by Denson’s contributions: Beckstein asserted that contribution transactions wouldn’t have been known to voters, and that the Ben & Katie campaign was openly pro-OSPIRG so nothing was hidden.
2) The Court asked respondent whether or not Denson intended to change the outcome of the election with his contributions: Beckstein says that “even if he had that intention, he couldn’t achieve that end by making a contribution.” And if the election results were indeed affected by his contribution, Beckstein cited ASUO Elections Coordinator Cedar Cosgrove to argue for the “ambiguity of the elections rules.”
3) The Court asked petitioner about the suggested remedy for this injustice: SDK made clear that he was not asking for “impeachment for non-fulfillment,” but for the Court to “invalidate” their winning of office. SDK went on to say something like “If compromising election information comes up later, they candidates aren’t immune to the rules, just because they kept a secret for so long or because there’s a month left in their term.” Beckstein rebutted saying that SDK was asking for “the disenfranchisement of thousands of voters.”
4) The Court asked respondent a GOOD QUESTION that was along the lines of, “Had Katie & Alex been elected this year, and had their little political sabotage problem come to light far after their instatement into the ASUO Executive (in the way that this claim has), should they be removed?” Beckstein said he couldn’t answer because the facts were too different and because he was not part of the campaign. The Court rephrased the question to be more general, along the lines of, “Is there any circumstance in which violation of election rules can constitute removal of office?” Beckstein said yes, but not in this case. Beckstein went on to say, “The ASUO Constitution is supreme over election rules once a President and Vice President have been instated in office.” SDK thanked the Court for the questioning, and thought that Beckstein’s statement was crucial by admitting that there is indeed circumstances in which an executive office can be invalidated at a later date for violations of elections. With this, SDK urged the court to invalidate the current executive.
***
The end was the best part.
As we approached adjournment, Beckstein argued that SDK’s grievance had political motives. Associate Justice Melka-Benevento apologized and admitted that it was her first year as a Justice, therefore it was her first year in the ASUO. She didn’t know what he meant by political motives. She even asked for him to define it. Of course, everyone else in the room knew what Beckstein meant. Everyone else in the room was an active member of the ASUO or campus media. But this poor, naive, Justice of the Court couldn’t even fathom the fact that our student government is fueled by political motives. I write about this shit on the daily and even I can’t fathom it.
The significance of this doesn’t lie in whether or not SDK has political motivations. The significance lies in the embarrassing truth that the actions of our student body President and Vice President were so serious, and the petitioner’s claim had so much “merit,” that the Constitution Court felt it necessary to hold what was essentially a public trial. Our President and Vice President are being tried for egregious misconduct and the Court is deliberating their removal.
They will deliver their decision by Friday, so yeah. We’ll letchu know then.
Posted in ASUO, Government, Law, Politics | 3 Comments »
Tuesday, April 10th, 2012
So, we’ve all heard about the ASUO phishing scam, but just in case you were too lazy, busy or hungover to read anything about this fucked up shit, here is the story via this KEZI9 Youtube video to save you some time.
Former ASUO President and current UO Law Student Sam Dotters-Katz in the video: “I think that we’ve gone beyond student government at this point, when you have federal crimes being implicated against members of the student government.”
Word up, Sam! Indeed, this kind of shit simply doesn’t fly. This is what is wrong with America. My only further comments are, “YES THIS GOES BEYOND STUDENT GOVERNMENT,” as well as “HOW SELF-RIGHTEOUS DO YOU HAVE TO BE IN ORDER TO ATTEMPT TO RIG A COLLEGE ELECTION???”
Furthermore, “FUCK YOU, YOU HYPOCRITICAL PIECE OF SHIT, SUPPOSEDLY FIGHTING FOR JUSTICE AND EQUALITY. THE RULES APPLY TO YOU AS MUCH AS ANYONE ELSE, NO MATTER HOW ENTITLED YOU THINK YOU ARE!”
Face-palm. Goddamn.
Posted in 2012 ASUO Elections, ASUO, Campus, Crime, Die., Elections, Government, Interviews, Law, Politics, Snark, Stupid, Things Only Tim Cares About, University, Video Blog | 1 Comment »
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