Sunday, October 29, 2017

DOJ Intervention vs. The "Best Efforts" Clause:

If you think about it from a "for all intents and purposes" standpoint, would it actually really "matter" whether the DOJ intervened in a case versus the longtime litigator (who recently turned "Judge") Howard K. Coates Jr., Judge, 15th Judicial Circuit, Palm Beach? Worst case scenario they don't intervene. Ok. Fine. Shocker. The DOJ has a finite amount of time, resources, money, and prosecutors and only intervenes in about, what, 15% of cases anyway? Ok, so you're in good company and part of the 85%.

Then what happens? Well, it gets unsealed and is now part of the federal docket and gets picked up by even more press and media and garners even further attention, even just as a case that the Justice Department didn't intervene in. Fine. Also, a "Federal Judge" would have to make it explicitly clear that the relator could not pursue the case on his or her own, on behalf of the United States of course, whether via counsel or not.

The United States would have to give up its "interest" as a party to the matter, if you will, which seems like a position where there really isn't a net-benefit, per se, as why not just remain a party to it with the right to intervene at a later date, at any time, if you wanted to, right? It's like a stock option, even if you're out of the money and it seems like the options are going to expire worthless, why not just hold it either way as you never know what could happen in a volatile stock market. Why just toss it out or rip it up before it's been totally "hashed out," whether via some "novel" legal theory or not. I mean, the Litigator "Judge" Coates is all about "novel" legal theories. It's incredible, actually.

Either way, effectively, it doesn't really all that much matter too much in a situation like "Coates." It's the publicity and the public awareness of the issue that you're after and what's needed when you're facing an up-hill battle in a public corruption case against entrenched interests and such (and people who don't want to be embarrassed or hurt politically, which is understandable.)

Here's the thing about being "hurt politically," ... you would only be hurt politically if you're not all that good of a politician I'd think? It really just depends on how you look at it and how you interpret the "problem" or "issue." On it's "face," yeah, it's no bueno. Of course. But not if you think through it and think deeper.

"Let he who is without sin cast the first stone." What a way to relate to the public, show your human side, show how sophisticated you are, show that you're accountable and a normal, human being, and that when you (like each and every single American human being) has ever (gasp!) made a decision that wasn't the best or that they weren't able to somehow predict the future on (as honestly, why would any politician actually CHOOSE to pick a liability over an asset), but let "he who is without sin cast the first stone." No one is going to really, really care and hold it against you for picking someone you thought was going to be "good" and work out and do a great job and all that good stuff. Have none of us ever had a friend or a girlfriend / boyfriend or a husband / wife / ex-husband / ex-wife / ex-friend / job / DECISION, et al, where (if we knew, in hindsight), we wouldn't necessarily have picked from the outset? Give me a break, every single person has. What a way to relate to the American public, not just the Florida public. What a way to be a LEADER?

It's always the "cover up" that gets them. Politicians have overcome much, much, much worse. I mean, downright scandals. Sex scandals. Criminal scandals. You name it. No one is truly going to care, unless you give them a reason to care. If anything, it shows "you're just like us" and that you too, sometimes, don't make the "perfect" decision on every single decision you have to make in your life. But guess what? The difference is that you do something about it to rectify the situation. You don't let it fester. You don't try to hide it and cover it up. That's what the public is going to care about, whether its today or tomorrow or in a year from now. We all make mistakes. We're all human. We're all guilty. We are all "with sin," if you will.

You just need to "think through" it and realize this is actually an "opportunity" and a teachable moment. Show us. Teach us. What are you really all about? How do you handle problems or issues or decisions you might have made that weren't the best? You make hundreds and hundreds and even thousands of decisions (many of them much more important and with "higher stakes" than this). No one is expecting perfection because everyone knows they too are not perfect. They are seeing how you handle your imperfections because they want to see and learn and be guided on the matter(s), as we all make mistakes. Period.

What an "opportunity," if you will. You just need to think about it. You need to rise to the "next level" in your development and sophistication and position, if that's what you're after and what your ambitions are. If you're looking to make a jump to the "big(ger) leagues" and the National Stage as part of Team USA (not just Team Florida). People are extremely, extremely forgiving "if" you just handle it the right way. You could literally get a blowjob from an intern in the Oval Office and you could leave and become one of the most popular and beloved former Presidents in our nation's history (just go check the polls).

Or, you could succumb to the fate of an Anthony Weiner type personality. If you think about it, one of them had a "sexting" problem and ruined his life and just got sentenced to prison time. The other literally got blown in the freaking Oval Office (I know, it's weird to even write that) and President Clinton is one of the most popular Presidents of all time (I'm also a big fan). He's also an extremely skilled politician and also extremely intelligent and smart. It doesn't mean you agree with all of his political views or positions on each and every single matter, but any President who can leave office with the scandals he endured and remain such a respected figurehead in American politics...I mean, that is skill. Americans also admire and are in "awe of," pure SKILL. That alone is sometimes enough. President Clinton is also brilliant, but again, it's not about agreeing with the politics, per se, it's about relating to him as a human being (remember the Jazz playing, McDonald's eating, early morning jogging candidate Clinton?) The public related to a "flawed / normal" human being, like they were and are.

You simply need to "think it through" and realize you could either have an asset on your hands or a liability. It just depends on "how good you are." Maybe take a page out of President Clinton's playbook. I mean, if someone can get away with that and still be one of the most beloved (just look at the polls) former President's, I mean, that's skill. We like skill. We admire skill. We all want to be "skilled" and get better in our lives. We look for guidance. We look to see how you're going to navigate your way through, not whether you've ever made a freaking mistake in your life. Give me a break. "Let he who is without sin cast the first stone."

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