Friday, October 20, 2006
Summary
Stepping back from Oren's constant lies and such, I decided to try to summarize the three major issues that the Senate needs to consider before forking over money to Oren Gabriel and co.
Was legal counsel necessary?
Would the ASUC lose the case?
Do the rules of the ASUC apply?
Mark Himelstein will apparently be speaking at the Senate meeting from 8-8:30 next Wednesday. Himelstein has long since taken a side in this case, siding with Oren Gabriel and Student Action. I do not believe he has the best interests of the ASUC at heart, and would encourage the Senate to view his comments with a skeptical eye, especially since he apparently made an agreement with Oren's lawyers that they would drop the case in exchange for him pushing this payment. Such an agreement is not made with the authority of the ASUC, and thus Himelstein's pushing of it may have less to do with the ASUC's legal rights and obligations than with his own position. I am not a senator, and won't have a chance to ask him questions, but I hope that some senators may ask critical questions such as:
The DAAP case in 2004 was dismissed by a judge after DAAP got everything it demanded through the internal processes of the ASUC. Since Himelstein has been insisting that the ASUC would have to pay the fees if Oren's lawyers hadn't dropped the case, why does he believe this situation is any different?
Why was Himelstein representing the ASUC in coming up with an agreement for legal fees while he had recused himself from defending the ASUC in the Judicial Council's execution of its Constitutional obligations? (that is, Himelstein told the Judicial Council to reject a suit brought by me because it would make his case harder to argue, but the Judicial Council has an obligation to provide that right to petition for all members of the association.)
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