Phyllis Law - September 2020

Phyllis Law - September 2020

SEPTEMBER 2020

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Defending My Profession

one protecting our right to be free? It is noteworthy that the only occupation listed in the Bill of Rights is a “defense lawyer.”

I have spent the last 16 years practicing criminal law. Like most defense attorneys, I have been asked, “How can you defend those people?” We know this question is coming, but we do not expect to hear it from our elected officials. As I write this article, a Georgia politician is running a campaign ad denigrating an opponent for defending criminals. I ignored it for a month, but the ad continues to run, and I felt compelled to comment on it. This attack really saddened me, especially coming from a person who swore an oath to defend the Constitution of the United States. As we all know, when the Founding Fathers created the Constitution, they outlined how power would be split among the three branches of the federal government, as well as how it would be shared between state and federal governments. All this while also recognizing that citizens would be sovereign. We exercise that sovereignty by voting. The Bill of Rights contains the first 10 amendments to the Constitution. It recognizes the fundamental rights of all citizens, which the government cannot infringe upon. We call them unalienable rights. That means they cannot be denied or taken away. A criminal defendant’s right to counsel is found in the Sixth Amendment to the United States Constitution. It is not a difficult concept to understand. It is part of the fourth grade curriculum in most public schools. What would happen if we did not enforce the Sixth Amendment? Could you be thrown in prison on a hunch, without any evidence? At trial, could you get an unfair and biased jury deciding your fate? Could you be held in jail indefinitely without a hearing? Without a criminal defense attorney, who is going to make sure that does not happen? Can you imagine a more important role in our society than

The best description of a criminal defense attorney’s job I have seen is provided by the National Association of Criminal Defense Lawyers: “Defense counsel may accurately be considered law enforcers. While representing a lone individual against all the power of the state, counsel must ‘police the police’ to determine if there has been an unconstitutional search, a coerced confession, an unlawfully suggestive lineup, or the fabrication of testimony. Defense counsel must attempt to ensure that the prosecutor is adhering to the professional requirement not merely to convict, but to do justice and comply with his obligations to turn over Brady material to the defense. Perhaps most challenging of all is the need to remind the judge of the constitutional mandate as well as the professional obligation to protect the rights of the defendant rather than treat him as a docket number to be quickly processed and sent to jail.” Some may believe that only innocent people deserve representation, but it is not that simple. Just because someone is guilty does not mean they should be convicted. Sometimes the prosecutor overcharges a case. Sometimes the government cannot prove their case because their evidence is lacking. Sometimes their witnesses have credibility issues. Sometimes the evidence has been obtained illegally and is not admissible in court. Sometimes the victim of the crime does not want to testify or does not want the accused to be punished as harshly as the law permits. If we allow convictions despite this, those protections are no longer there for the innocent defendants either. The most disturbing part of the political ad I mentioned at the beginning of this article is that the defense attorney is being attacked for specific court-appointed clients. These were indigent clients who could not afford to hire a private attorney. So, not only was this

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Got an ldTire?

Reuse Old Materials for Eco-Friendly Outdoor Games

Tetherball Even if a tire swing isn’t in the cards for your family, don’t relinquish your old tire just yet! Turn it into another playground favorite: tetherball. Premade tetherball sets can cost up to $100, but a DIY version can cost less than $50. To start, you’ll need the tire, a metal pole, some pieces of rebar, cement, a round swivel eye bolt snap, and a tetherball on a rope. You’ll also need to use an impact drill with a bit made for metal. Drill a cross section of holes at the bottom of the metal pole and thread the pieces of rebar through each. Then drill a hole at the top for your round swivel eye bolt snap so you have a place to tie the rope. After centering the pole in the tire (using the end with the rebar pieces as

G eneral Michael Flynn has been caught up in legal drama for years. I have recently started paying close attention due to a disturbing development in the case. The outcome of this case could significantly affect my clients in the future. In January 2017, Flynn was serving as the national security advisor to the president when the FBI questioned him about communications with a Russian ambassador. He subsequently resigned his position. In May 2017, special counsel Robert Mueller was investigating possible Russian interference in our 2016 presidential election. Flynn was questioned again as part of that investigation, and he ultimately admitted to making false statements during the January FBI questioning. Flynn’s plea deal required him to cooperate with Mueller’s investigators. In February 2018, the government and Flynn requested a sentencing delay, which allowed more time to complete the investigation. In May 2018, the House Intelligence Committee’s report on the Russian probe was released. The report indicated that FBI agents told FBI Director James Comey that they did not believe that Flynn lied to them. In the same month, both Mueller and Flynn proposed to delay sentencing again because of this new revelation. In June, Looking for ways to get your kids outdoors while teaching them how to be more eco- friendly? Try saving your old tires and soda bottles to make these fun outdoor games for the whole family! Tire Swings Have you ever played swing games like Tumbling Tower? Build a tower of cardboard boxes and see if your child can use their feet or shoes to kick it down while swinging! Tire swings are great for games or just enjoying the outdoors while the wind rushes through your hair. Few pieces of outdoor play equipment are more enticing than a swing for children and adults alike. This project doesn't cost very much, either. You just need a tire, rope, power drill, and the biggest tree in your yard. If you don’t have a tree, you can make a sturdy swing post with lumber!

the base), pour the cement in and let it dry. Once it’s dry, hang the ball with the bolt snap and watch your kids play tetherball for summers to come! Bowling Have empty plastic soda bottles from your last takeout meal? Collect them, paint them white, and put two red stripes around the neck. Now you’ve got bowling pins! You don’t need a heavy bowling ball for this DIY set, either. Use a tennis or soccer ball to get the ball rolling on some family bowling at home. You don’t need games as popular as Minecraft to make special memories in your backyard. Take inspiration from these ideas and create your own family fun!

Objections to Dismissals

both parties filed yet another request to delay and got push back from U.S. District Judge Emmet Sullivan, who wanted to know the reason for all the delays. In December, Mueller recommended a light sentence for Flynn because of his cooperation in the investigation. That same month, Comey did a TV interview and stated that he was the one who sent FBI agents to Flynn’s house to question him and that he probably should not have done that. In January 2020, Flynn filed a motion to withdraw his guilty plea for lying to FBI agents. In May 2020, the Department of Justice dropped Flynn’s case stating “the Government has determined, pursuant to The Principles of Federal Prosecution and based on extensive review and careful consideration of the circumstances, that continued prosecution of the case would not serve the interest of justice.” Judge Sullivan refused to sign the dismissal order presented to him. He wanted to scrutinize the government’s decision to drop the charges. The government is taking the position that such review is improper. Judge Sullivan appointed a retired federal judge to argue against the government’s motion to dismiss.

to sign the dismissal order and close the case. Sullivan still would not relent and asked for intervention from the full court. That court, in an 8-2 decision, agreed with Sullivan and ruled that he can proceed with questioning the government’s decision. In my professional experience, over the course of 16 years as a prosecutor and defense attorney, anytime a prosecutor has submitted a dismissal order to a judge, the judge signs the order. Most judges I know believe it is not their role to decide whether a case should be prosecuted or not. That is the government’s decision. Many judges will ask prosecutors to state their reasons on the record, but I have not seen a judge refuse to sign a dismissal. Whether you agree with this decision or not, it changes how we practice criminal law. It may make it more difficult to get a case dismissed. Sometimes prosecutors just want to give a person a second chance. They may be more reluctant to do that if they must provide a reason on the record for the dismissal. I believe that would have a negative overall effect on our criminal justice system and our desire to rehabilitate offenders.

This case will continue to be appealed. I will be watching closely.

On June 24, a three-judge panel of the D.C. Circuit Court of Appeals instructed Sullivan

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attorney being criticized for protecting arguably the most important of our unalienable rights, but also, being a public servant. We can turn to Matthew 25:40 for guidance, “whatever you did for one of the least of these brothers and sisters of mine, you did for me.” The indigent people who we represent every day are just as deserving of the Sixth Amendment protections as the people who can afford to hire private counsel. Most private attorneys take court- appointed cases at a huge financial loss in recognition of the importance of providing representation to everyone. I guess this ad must be working since it continues to run. For me, I would rather lose that resort to this shameless attack on a noble

Student Tech Success

Educational Tools to Improve Digital Learning

–Phyllis Gingrey Collins the Constitution, I would like to apologize to this criminal defense attorney, a true public servant and protector of the Constitution. profession. On behalf of like-minded citizens in Georgia who care about

Kids these days face so many more distractions from academics than their parents did. It’s not as easy to focus on homework when TikTok, YouTube, and all sorts of video games beckon. Instead of trying to prevent screen time, why not allow students to engage with technology that will help promote their learning rather than distract from it? Here are three tools to help students at different age levels get the most from online learning. Beanstalk While Beanstalk is an online learning tool, the beauty of it is that the classes and videos aim to pull kids “out of the screen to do real-world physical activities.” These include science experiments, building projects, and more. Experienced teachers provide engaging lessons and learning tools, and many of them are free. EduHam What better way to learn about the history of our nation than through one of the nation’s most popular musicals? “Hamilton” creator Lin-Manuel Miranda launched this learning platform in 2016 along with the show’s director and in partnership with The Gilder Lehrman Institute of American History. EduHam is a free digital program for students and their families that provides history lessons on the Founding Era of the United States. It also brings art into the mix — Miranda shows students how to create their own performance pieces based on primary source documents, which they can then share in the app. The program is geared toward students in sixth through 12th grade, though everyone is welcome to participate. Fiveable For high school students, the most looming challenges include the SAT and Advanced Placement (AP) exams that are so important for college. Enter Fiveable, the amazing free resource that houses thousands of livestreams, study guides, trivia games, and other resources for 15 AP subjects. Started by a former teacher, Fiveable is passionate about giving students the resources they'll need to be successful now and into the future.

Bacon and Egg Breakfast Pizza

Ingredients

• 1 package premade pizza dough • 2 tbsp olive oil, divided • 6 eggs • 2 tbsp water • 4 slices bacon, cooked and crumbled • 2 cups cheese of your choice, shredded

Directions

1. Preheat oven to 400 F. Grease a 15x10x1-inch pan. Spread the dough evenly over the bottom of the pan and 1/2 inch up the sides. Prick it with a fork and brush with 1 tbsp oil. Bake until lightly browned, about 7–8 minutes. 2. In a nonstick skillet, heat the remaining oil on medium. In a bowl, whisk the eggs and water together. Add the mixture to the skillet and stir until thickened and no liquid egg remains. 3. Add the egg to the baked crust in an even layer. Sprinkle on the bacon and cheese, then bake 5–7 more minutes before serving.

With so many resources out there, students can use technology in plenty of ways to help them be successful. Here’s to a fall season full of learning!

Inspired by TasteOfHome.com

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Inside This Issue

Defending My Profession 1

Eco-Friendly DIYOutdoor Games

Objections to Dismissals 2

The Best Educational Tools to Help Students Succeed

Bacon and Egg Breakfast Pizza 3

3 Fun Family Activities for Fall 4

3 Fun Family Activities for Fall

Gardening, Gold, and Photo Shoots

Pan for gold. Here’s one that’s really off the beaten path: Take your family on an adventure panning for gold! Start by planning a road trip out to an old ghost town. Many of them have great tourist attractions that include gold panning. You probably won't get rich, but it will still be a fun story. If you’re not able to make the trip, you can always create a gold panning operation at home! Visit MessForLess.net/panning-for-gold-activity for a great step-by-step guide on how to go panning for gold in your own backyard. Plan a fall photo shoot. It’s time to freshen up those family pictures hanging around the house. The changing leaves provide a beautiful background for any family portrait. Better yet, the cooler temperatures mean that an outdoor photo shoot won’t be nearly as uncomfortable as it would be in the summer. You can take your pictures by the trees in the front yard or make a daytrip of it. What about pictures at the corn maze or pumpkin patch? It’s never too soon to start planning this year’s holiday card.

I t’s fall, which means social media will soon be saturated with pictures of your friends enjoying “classic” fall activities. Photos of leaf peeping, apple picking, and the occasional scarecrow run rampant. But rather than following the herd, you can make your family the trendsetter of unique fall activities! Here are a few outdoor endeavors your family will love. Get gardening. Fall is the time for harvest, but if you want to enjoy flowers in the spring, it’s also a time for planting. The cooler autumn air is easier on plants, but the soil is still warm enough for roots to grow before the ground freezes for winter. Tulips, daffodils, and hyacinths are all spring bulbs that need to be planted in the fall. Do a little research with your family to determine the best time to start planting in your area.

Spend this fall outdoors and create great new memories with your family!

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