ABSOLUTELY NUTS! Judge Refuses To Kill AG’s Proposed Lifetime Ban On My Future Political Activities
I am completely flabbergasted at the result of today’s hearing. It is truly insane. No where in state law, the state Constitution, or the U.S. Constitution is the government allowed to restrict the free speech rights of a citizen like what the AG is proposing for me.
So I asked the judge to kill off that completely absurd portion of the AG’s lawsuit against me, the lifetime ban on my future political activities.
I went first. I was very nervous. Here’s how I began:
“Your Honor, this case is overwhelming. This motion before you is not. It’s very simple: Does the Fair Campaign Practices Act or the state and federal Constitutions allow injunctive relief that is this broad, this vague, for the rest of my life? I’m asking you to rule they don’t.”
I went on from there, reiterating the points I made in my brief: http://tinyurl.com/EymanLegalBrief
After I was done, then the State went and then I closed things out.
Then the judge said the issue wasn’t “ripe” yet. That he’d decide it later.
You can watch it yourself here (starts at 9 minute mark):http://tinyurl.com/LifetimeBanHearing
Procedurally, he didn’t rule. But that’s not how political litigation like this works. It’ll start with: the AG’s lifetime ban “survived” summary judgement. Soon after, it’ll morph into “the court validated the AG’s lifetime ban.” And eventually, it’ll be “the AG’s lifetime ban is legal and constitutional and permitted (it must be, because the judge had the chance to strike it down, and he didn’t).”
When will he rule on it? The trial was originally Nov 2018. Then the AG got it delayed to Jan 2020. This week, I got notified it got delayed again (so it may be 2021 or 2022 — nine or ten years after original complaint).
With this political litigation, Bob Ferguson wants this:
The only reason I’m still here and I’m still fighting is because friends like you have been willing to help me fight back.
I love you all.