Tag Archives: lawyer

Inspector General Report

Recent Inspector General Report Demonstrates the Importance of our Constitutional Right to an Attorney.  

The February 2018 Justice Department Inspector General Michael Horowitz’s report confirms our founding fathers’ justified fear of the government they were going to establish. They understood that power corrupts and that there was a great tendency for more corruption the longer a person is involved in government. The Inspector General’s Report, which questions the truthfulness of top FBI officials, was a sad commentary on a major portion of our government. However, it was also a case to celebrate in another portion of our government.

The IG’s office should be celebrated for its truthfulness and candor while the top leaders of the FBI should be sanctioned because they should have been forthright long before this.

Inspector General Report Reveals Department of “Just Us”

Abraham Lincoln said it best, when he said that ours is a “Government of the people, by the people, for the people…”, The FBI ignored Lincoln’s legacy and broke its trust with our founders (not to mention the American people) when the DOJ became the Department of Just Us.

The IG report clearly states that top FBI officials repeatedly lied under oath. There can be no question that they obstructed justice for their own purposes. And they did so at the expense of the American people. Our founders built in safeguards into the Constitution, wisely establishing three co-equal branches of government—Executive, Legislative and Judicial—to ensure checks and balances within our government. Had Congress, our Legislative branch, not been pushing for truth from the Executive branch, which the FBI is part of, it would have successfully covered up its dirty FBI laundry.

An Eroding Neutal Media

Let’s not forget the value of our free media, a right guarded under our First Amendment of the Constitution. But we’re losing this safeguard as the majority of our media loses it neutrality. If Fox News had not doggedly pursued the truth, the FBI’s dirty laundry would have remained hidden.

The Last Line of Defense

Fortunately, there is another safeguard the founders built into our Constitution: the right to an attorney which is guaranteed to every citizen. Without an attorney who is protected by the Constitution and who represents the intent of the founders, no citizen is safe against a prejudiced government.

The recent search of President Trump’s lawyer’s office should concern all Americans as it seeks to threaten this Constitutional protection. This act of threatening a citizen’s attorney-client privilege is a despicable example of a prejudiced, bully government running loose and out of control.

Government Run Amok

The IG’s report is the best evidence that we as a people cannot allow any government branch or department get out of control. Our government workers need to be held accountable—no matter what their position may be. No matter their rank, position or years of service. While we should applaud and reward our good workers, our bad workers need to be fired, and in some circumstances, criminally prosecuted. And, yes, those workers who need to be prosecuted should have a right to an attorney.

Reminders to Our Government Workers

And so, these 39 pages of evidence show why we as a people need to drain the swamp ourselves by exerting pressure on our representatives to do what is morally right. They need to be reminded that we are Americans before we are Democrats and Republicans. They need to be reminded that justice is blind. They need to be reminded that the cost of freedom is high and we must be eternally vigilant to protect it. And, last, they need to be eternally reminded that they have no claim on being a government worker or representative, but that it is an honor and privilege that we bestow on the deserving only.

God Bless America.

DWI surcharge Houston No refusal weekends

Houston No refusal weekends: What you need to know.

There’s been a lot of talk about Houston No Refusal Weekends trying to increase DWI arrests. No Refusal Weekends are when officers pull you over for suspected driving under the influence of alcohol, and you can not refuse to take a field sobriety or breathalyzer test. Normally, if pulled over for suspected driving under the influence, you may refuse a test and the officer will have to get a warrant from a judge to perform the test.

No Refusal Weekends are especially popular during holidays such as St. Patrick’s Day, Memorial Day, Independence Day, Labor Day and New Year’s Eve.

The Independence Day Weekend in 2015, there were 23 arrests in Fort Bend County alone during a Houston No Refusal Weekend from Friday, July 3rd until Saturday night, July 4th. These efforts are “successful” because they bring together all divisions of law enforcement including Department of Public Safety, county constables, sheriff’s departments and local city police.

Houston No Refusal Weekends are Easy Money

The truth is, DWI No Refusal Weekends make it easy for law enforcement to get evidence that can convict you whether you’ve done anything wrong or not. As criminal defense attorneys specializing in DWI, we know there are problems with the law enforcement administered testing. A lot of problems.

A Breath of Un-fresh Air

First, let’s look at the breath test. These are the most convenient for law enforcement to administer, but one of the most inaccurate. They receive air from the lungs and test it for alcohol saturation. This evidence is, by nature, the most unreliable evidence from a scientific standpoint because the lungs are not where breath alcohol comes from. Breath alcohol comes from the entire air system throughout your body–not just the lungs. This fundamental flaw makes the breath test completely inaccurate. In addition, the samples saved during breath testing in Texas, aren’t preserved so that the test can be validated later.

The Blood Sport of Houston No Refusal Weekends

Second, blood testing, which is thought by many forensic scientists to be the most accurate and reliable means of determining alcohol concentration, is more difficult for police to obtain and analyze. From a law enforcement standpoint, the blood test is the least desirable and least convenient method. However, unlike breath testing, blood testing allows the person who has been arrested the opportunity to re-check the sample at a later time.

The Holidays are coming and that means No-Refusal Weekends. If you’re going to a part or hosting one, read my No-Refusal Weekend Survival Guide.