Sunday, October 18, 2015

Morgan v. Fischer: Let the games begin! - Judge Mitch Perry has erroneously overruled himself. What else can be said about this latest farce in the Morgan v. Fischer lawsuit. In what can only be considered a laughable malfeasance by Judge Mitch Perry, in my opinion anyway, the Jay Morgan v. Greg Fischer case just got interesting.

After DENYING Greg Fischer on multiple attempts to dismiss the case, by his illegally used taxpayer funded County Attorney staffers, Joel Frockt and Dan Landrum, Judge Perry finally acquiesced and ruled in favor of the last attempt at dismissal. Of course the argument was the same as the previous ones but don't let facts get in the way of politics.

With that said, I am sure Fischer and crew breathed a sigh of relief, at least temporarily.

The appeal was filed last week and judging by Appeals court, and Kentucky Supreme Court decisions, it should be easily won by Morgan.

I also see this possibly going to federal court very soon. If so, Fischer and team are in serious trouble. I will outline in a future article.

Why Judge Perry would do this to himself is questionable to many. Politics as usual? "Home cookin'" as some lawyers refer to it? Who knows, but there are many questions as to why Judge Perry would put himself in such a position.

Perry admitted from the bench to outsider attorney Shane Sidebottom, he knows and "used to practice" with Thad Kiel, who represented Ford, though Ford was not even a part of this lawsuit, and Perry also made the same claim about how he "used to practice with" Joel Frockt. By his own admission he knows them well.

So knowing all this, exactly why did Perry never recuse himself from this case at the beginning? Clearly he has a personal history with Fischer's illegally taxpayer funded, in my opinion anyway, county attorney representatives.

Conflict of interest anyone?

That is an argument for another day. It may be an argument for the entire court process as multiple judges seemingly are more involved in cases that they may have a conflict of interest in these days.

Either way, at this point the argument in this case has been simple regardless of the BS illegal maneuvering done to delay justice. I have alleged and stand by my conclusion that Ford and Fischer have worked in collusion to temporarily delay once again justice for Jay Morgan.

How so?

The Judge admitted in multiple court videos that he wasn't up to speed although in at least one of the videos he claims to read all pleadings. If you have read all pleadings, and this case happens to involve the highest elected official in Louisville, how can one not be up to speed? How can a Judge in a high profile case such as this "not remember much about this case?"

Don't worry we have the videos.

Let's break it down.

After 23 years, Jay Morgan lost his job at Ford and brought charges against Ford Motor Company through the US Department of Labor and OSHA for illegal termination under the Sarbanes/Oxley laws regarding whistle blowers.

Ford, presumably in order to avoid any damaging discovery or depositions, in less than 3 weeks at that apparently, requested and was granted mediation. To move that quickly is unheard of anywhere folks. It should show just how worried Ford was that the info I have outlined throughout this whole process would get out there.

Why? Because Ford had plenty to hide. Fischer's team knows that and banked on it accordingly. Heck they have read and downloaded every story I have ever written on the Ford debacle. They are well aware.

For the record though, Ford agreed to pay Morgan, in a non disclosed settlement, for the SOX complaint against them.

There was no court case, no lawsuit, nothing. No depositions, no discovery, and no facts were ever established because Ford mediated to quash the problem.

This in and of itself is huge. Why?

First and foremost in the case of Morgan v. Fischer, Ford has no obligation to Fischer. This was an entirely different set of facts and a different case accordingly. Yet Fischer's team erroneously tried to bring them into it by filing subpoenas against Ford itself for the closed mediated settlement agreement against Ford that had nothing to do with the charges against Fischer.

Of course they knew that the case was sealed and noting could be used against in it which is why they requested it.

Ford responded essentially asking that the case not be used in the Fischer defense to protect their interests in the settlement with Morgan. They wanted it quashed.

Wonder why? Again fear of what would come out but it made sense.

More importantly, Fischer staff cannot claim any agreement by Ford with anyone, has any bearing on charges against Fischer for his own wrongdoing.

Ford was never named or claimed to be part of this lawsuit until the County Attorney's Frockt tried to use them. Of course since there was never any trial, discovery, or admissions in the Ford settlement, presumably because it is sealed and cannot be verified, but it was stated on the video record, there was nothing usable to Fischer.

Fischer brought Ford into this intentionally and laughably, at least to this point, was trying to hide behind a sealed mediated agreement between two parties that had nothing to do with the charges against Fischer. No matter how they spin it and everyone involved knows it.

Of course it also means that Ford mediated in bad faith since they told Morgan they actually terminated him because of the alleged libel/slander by Fischer and not insider trading.

As I have stated previously the mediation should now be null and void because all mediation is based on a presumed "good faith" effort at resolving the problem. A mediation agreed on lies is not good faith and quite frankly isn't worth the paper it is written on. Since the complaint itself was made public by Frockt, it raises the issue of integrity in the mediation process since Ford then trie dto involve themselves in this case.

Ford now potentially is on the hook for a whole lot more. Thanks to Joel Frockt and the County Attorneys' office. When they eventually cut back and/or eliminate LAP you will know why.

Hopefully. Morgan is getting an attorney for that claim now as it could equate to millions. But I digress.

But that does not absolve Greg Fischer and the claims against him by Morgan.

Morgan never made any additional claims against Ford or brought them into this case.

Greg Fischer tried to interject Ford into this case to prevent being accountable for his alleged illegal behavior.

Greg Fischer staff purposely served Ford with at least 3 different broad based subpoenas that had no relevance to this at all. Even Judge Perry ruled that. Fischer staff also received an FOIA file on the original Morgan complaint and entered it into the record.

Dumbest. Move. Ever.

It outed everything that is wrong with Ford and one more reason why Ford does not trust our leadership. Blame Greg Fischer, Frockt, and the County Attorneys office.

Of course Ford has problems of their own now with ongoing multiple federal investigations.

According to sources, Jay Morgan is now in Washington presumably providing first hand info to the investigators. If proven true, this case may be the least of Fischer and Ford worries.

All of this originated with Fischer, bringing Ford into it and an endless supply of motions, yet Judge Perry actually accused Morgan at one point of subpoenaing Ford. He later admitted error during the same hearing. So much for being up on the case and reading all pleadings.

It is argued that Morgan's claims ended with Ford but it is a false flag and Judge Perry knows it. He ruled against these shenanigans on more than one occasion, the first on May 13, 2014. Take a look.

Then Judge Perry ruled AGAINST them again after a hearing on October 29, 2014, based on the same attempt and argument, that was entered on November 3, 2014.

He even went on to say during the hearing that this was highly unusual that there have been so many motions and the case has not moved into depositions and real discovery yet.

He even went so far as to state that Morgan would be depositioned first.

ALL delay motions have been filed by Fischer.

The reason that whole ridiculous false flag argument is true is because Ford told Morgan outside of the mediation process that the reason they terminated him was because of statements made by Greg Fischer and Kevin Cosby.

The allegations against Greg Fischer and Kevin Cosby were libelous and slanderous in nature and, according to Ford, is the real reason Ford terminated Morgan's employment.

But why did Ford settle then? There is much to be said here as well but that is another article.

Of course Ford would be more than happy to say that. They avoided a bullet by shifting the blame. Or so they thought. They were breathing a sigh of relief until now. Of course now Ford is also under investigation to include insider trading, cover ups, and more.

Will they stand by Fischer as this gets deeper to save their own hide? We will know soon enough.

Based on the new information from Ford though, a whole new lawsuit was necessary. Because of Fischer's alleged lies.

It is also alleged that Morgan felt his family was threatened by Fischer's actions. All of which are actionable and caused damages.

All of which will require depositions and discovery under oath by Fischer and Morgan.

All of which Kentucky has always allowed.

None of which were or have been adhered to yet by this court.

Libel/ slander by a public official is not covered by any blanket immunity whatsoever. In its simplest form, immunity can only apply if the official is working within the capacity of the job they have been elected to do. You cannot arbitrarily declare that everything you do is from the titled position you are currently holding. It is ludicrous.

It does not automatically protect you against causing intentional harm or knowingly committing illegal behavior.

Immunity laws in general are designed to protect officials from being sued every other day for actions they take in their capacity as a public official. A necessary thing? Probably so in some cases.

But not in this case. Using the failed logic and arguments by Judge Perry, Fischer could commit murder in his office, be caught with a smoking gun by 3 witnesses, confess to the crime, which in actuality "immunity" is essentially admitting to the crime but blaming it on your job, and still avoid any prosecution.

Jay Morgan and Greg Fischer were also neighbors and had interaction beyond the scope of an elected official anyway.

It is ridiculous at best, criminal at worst, to suggest that any elected official is immune from illegal behavior because they simply happen to be a government official. Especially one in which you have a personal relationship with.

Think about it.

What about KY House Rep. John Arnold or Rep Johnny Bell?

They were accused of sexual harassment at the Capital, which is their work place, and were sued. It didn't make it to court because they reached a mediated agreement to settle it. Why?

Because they could not be granted immunity. They couldn't be automatically granted that based on the fact that they were elected officials and they would have serious trouble at trial.

So they mediated a settlement rather than take a chance on a jury. But only after depositions and discovery were taken.

The absurdity of the latest ruling by Perry is that we may as well make it legal for an elected official in a position of power to abuse that power and force anyone into compliance with what they want. Blackmail? Intimidation? Sure why not be perfectly legal if you are a government official right?

Whether that is a staffer to have an affair with or anyone else.

Morgan was allegedly harassed and violated as well. Not sexually but he felt his family was in danger and he was threatened by Fischer according to his complaint. Just as the complainants were in the Arnold case.

There is nothing complicated about that.

If we allow the absurdity of Perry's latest decision on this, after ruling multiple times himself AGAINST what he just ruled,  we make a mockery of the judicial system. Furthermore, it is condescending to we the people who demand and deserve equality FOR ALL in the judicial system.

In other words, it is an absurd defense and Perry knows it, Especially when it harms someone and their reputation as it has with Morgan. Financially, emotionally, you name it.

And court precedent backs it up. The courts have been clear on this.

Judge Perry knows it, Greg Fischer's illegally tax paid county attorneys' know it, and so does Fischer himself. That is why they have abused the court system, the taxpayers, and Jay Morgan. That is always the game tie them up until they are broke and then drop the case or pay them off cheaper.

It works in most cases and that is not the way the court system is supposed to work.

Cullinan V. Abramson comes to mind. Though this case did not see trial, the accusation was that former Mayor Abramson essentially called Cullinan a crook resulting in libel/slander charges against him. Abramson was sued as an individual but if rumor is correct the City of Louisville paid millions to Cullinan in a non disclosed multi million dollar mediated settlement.

If true, why did the City pay for a personal lawsuit against Jerry Abramson? Because Abramosn was Mayor and he was addicted to OPiuM (Other People's Money) as well. But it appears to be an illegal use of taxpayer funds. No one ever questioned it.

But why was it settled? Because it was true and Abramson could not survive the fallout.

Cullinan was rich enough to see it through so money was no object in pursuing this case for him.

In short, they couldn't bleed Cullinan dry so he would acquiesce to Abramson.

Money and politics played a major role in the case against Abramson and it appears to have done the same here. Cullinan had enough money to force the legal system to do its job. So it did although the money paid and how it was paid rumored is suspect.

Judge Perry could have made this same decision, because it is the same argument that has been tried multiple times, over 18 months ago and saved the court's time, taxpayer money, and Jay Morgan money as well. He chose not to.

So why now?

Perry understands politics as well. Perhaps he tried to do the right thing previously, but finally caved under pressure from the political elite, maybe that is why he ruled against dismissal actions brought by Fischer on multiple attempts to dismiss the case. But, how can you overrule yourself when you haven't allowed the legal process to move forward?

Strong accusations to be sure but one based on accepted Kentucky law in my opinion.

Judge Perry obviously knows that Kentucky is a no plead state, which in its simplest terms, means that once a lawsuit is made claiming an actionable offense in Kentucky, discovery and depositions are allowed to be made in an effort to establish facts of your case.

Without discovery, or depositions under oath, how can anyone get a fair hearing that may or may not lead to trial?

In short, Kentucky recognizes that depositions and discovery have to be allowed to go forward to get at the truth of the charges.

Miraculously here we are 20 months later, at least 10 different court appearances, motions denied on multiple occasions, and still no deposition has been allowed yet. Who has wasted our court time and resources? Who has aided and abetted?

It sure as hell isn't Jay Morgan.

Perry knows that in Kentucky, anytime a motion is before the court, that discovery and depos are not allowed until a ruling is made on the motion. He deals with this everyday.

Wonder why Fischer and his inept team of illegally tax paid county attorney's continued to file the same essential motion over and over?

Because as long as there is a pending motion you are not required to answer any questions through discovery, or submit for a deposition, as allowed and required by Kentucky law. The process is suspended until the motion is decided by the Judge.

This is precisely one reason why rule 11 exists. Rule 11 does not apply if it involves a government official or agency frivolously attempting to avoid justice? Of course it applies, but an individual has limited pockets so the court wastes little time on frivolity. So why let government off the hook under the same rules?

Perry should have instituted Rule 11 AGAINST Fischer and his team for illegal behavior long ago for intentional waste of the court's time and Morgan's resources. He knew it was intentional delay, he ruled against their motions multiple times and still allowed it.

But of course if you are working with your friends and former practice colleagues, and sit in a political position, well then things can sometimes get a little grayer right? Especially when politics and political figures are involved.

We have seen it time and again here. Jim King, Judy Green, Barbara Shanklin, and the list goes on.

Throughout this entire process we have spent, conservatively estimated, hundreds of thousands of taxpayer dollars so the Mayor can not be held accountable or liable for his own misconduct.  Money he owes each of us in my opinion. All in an effort to ignore the process of law and refuse to do what each of us is required to do in a normal case.

Submit to deposition questioning under oath.

While Greg Fischer is addicted to OPiuM, (Other People's Money), legal or not, he has no skin in the game and suffers no consequences. Morgan has to date. And rule 11 is supposed to help avoid that.

No one is above the law including elected officials. Immunity cannot be automatically granted with no depositions or discovery allowed to take place in Kentucky, especially when it is decided on a self serving affidavit that has no legal value, especially when the allegations are such as these. And Judge Perry knows it.

Fischer is trying and has tried to act like he has no responsibility for his alleged lies because Ford settled with Morgan on a separate matter. Perry has misinterpreted or confused the two issues.

Whether this is intentional, or unintentional, is subject to each person's opinion admittedly.

But this sure smells like some home cookin' to me........stay tuned.

Listen daily from 7-8pm at The Ed Springston Show. Also visit Louisville Politics for more details and in depth coverage of local political and news issues.

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