Sunday, October 22, 2006
More responses from supporters
I've been receiving a few responses from ASUC officials defending their actions on SB51. I'll start with Manuel Buenrostro's e-mail to some senators (I haven't yet confirmed which ones it was sent to). I'll be quoting it in full, with corrections as necessary (and boy, are they necessary). While reading this, consider the kind of behavior we've come to expect from Manny.
Dear Senators
As I've been sitting in the classroom, I've stumbled upon news of SB 51 (I read the daily cal during my conference period). Please allow me to give you my honest opinion on this matter. Even if he was allowed to do so, he didn't take advantage of that opportunity, apparently.
Over the summer, it became clear that the elected ASUC executives needed to hire outside legal counsel if they were to be effective in defending themselves against the illegal actions of the judicial council. This point has been proven by comments made by the asuc lawyer Mark Himmelstein. I certainly have not heard any comments from Himelstein (or even Himmelstein) proving this point. And Himelstein wouldn't be able to prove such things, because he is not the Judicial Council.
And I myself know strongly that without the legal counsel, members of the Judicial Council would have maintained their original position. Well, I myself know strongly that the Judicial Council would've reversed their original position even without legal counsel. Of course, neither of us were actually in deliberations and don't know jack. But I actually have experience from the hearing, as well as a comparison between the decision and the brief which provide actual evidence to suggest that the Judicial Council would have reversed itself even without legal pressure. What's Manny's evidence?
And it makes sense that they would since they would be certain that no repercussions would come of that. With the legal counsel, it was made clear to them that they had a losing case in real court (which would have cost the asuc a lot more money and time). Let's play a game. What are the repercussions of Manny, Oren, and Himelstein lying to accomplish this payment? If you can't think of any, you can only assume that they're doing it just out of sheer greed, rather than any belief in the rightness of their actions, according to BuenrostroLogic. Having the slightest assumption that an ASUC official takes her job seriously and will try to act in accordance with it, even in the absence of lawsuits, is disallowed.
For me, SB 51 is more an issue of equity than anything else. If this bill fails, what precedent would be set? Well for one, if a student is illegally persecuted by the Judicial Council, they would have no way of defending themselves unless they had the means to pay for it out of their own pockets. The ASUC Constitution recognizes the Judicial Council as the arbiter of the rules. One does not get "illegally persecuted by the Judicial Council." The real message that needs to be sent is that the ASUC had rules, and has a body to interpret them, and if you don't like it, well, that's too bad, democracy works in ways that you might not like, on occasion.
This would send the clear message that obtaining an ASUC Executive position is really only attainable by well-off students. After all, it's not like it takes a huge amount of time and money, as well as a large campaign machine, to win executive office.
This issue is close to my heart because I myself depended on financial aid to get through college and I myself don't know what I would be doing if I were in Oren's shoes (do you do what is right and fight for the will of the students or do you give in to the Judicial Council because you cannot afford to). Actually, you appeal to the Judicial Council, and if you lose, then you give in to the ASUC Constitution, which you agreed to run under.
I will grant that this situation is not ideal for the ASUC but it is what it is. Once again the Judicial Council has made an egregious mistake and once again the ASUC must do what is right and fix it. It is important for the asuc to remain accountable even when it makes mistakes. The ASUC did what was right and fixed it. That's what appeals are for. The fact that Oren+ went lawyer-happy isn't the ASUC's problem. The situation is indeed not ideal for the ASUC, but it is what it is: The ASUC doesn't owe Oren+ jack. That's the situation.
If you believe in equity support this bill and please fix the bylaws to make sure that we don't waste any more money in unnecessary legal battles.
Thanks!
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