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Banning Lying Would Not Be Fair to SIN Sane Insanity Normalcy

Banning Lying Would Not Be Fair to SIN Sane Insanity Normalcy

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Published by Frank Gallagher
Lying is their Job with a constitutional right to provide for self
and God be with you

Lying is their Job with a constitutional right to provide for self
and God be with you

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Published by: Frank Gallagher on Jul 09, 2013
Copyright:Attribution Non-commercial


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Banning lying would not be fair to SIN Sane Insanity NormalcyLying is their Job with a constitutional right to provide for self and God be with you---------- Forwarded message ----------From: Bob Hurt <bob@bobhurt.com>To: lawmen@googlegroups.comCc:Date: Fri, 05 Jul 2013 21:35:33 -0400Subject: [Lawmen: 5377] Lying, Deceitful, Dishonest Bar Members and governmentemployees
An American Bar Association Journal article discusses the conflicts in which lawyers find themselveswhen assisting other government employees in lying and deceiving in order to trick criminals intorevealing their crimes.
The article refers to an Oregon case of an attorney who engaged in an array of unethical activities, purportedly with a good cause in mind. You can find the case here :
This matter should infuriate all lawyers and non-lawyers because it shows that governmentemployees presume they can lie and deceive the people even when perjury laws make lyingto and deceiving government employees into a crime. See 18 USC 2001 and FloridaStatutes chapter 837. By what rationale does any lying and deception become permissible orforgiveable on the basis of one's job alone?The court in the Gatti opinion reflected on the impermissible of ALL lawyer lying anddishonesty.
DR 1-102(A)(3) provides that "[i]t is professional misconduct for a lawyer to * * *[e]ngage in conduct involving dishonesty, fraud, deceit or misrepresentation." The term"dishonesty" in the rule connotes lack of trustworthiness and integrity.
 In re Leonard 
, 308Or 560, 569, 784 P2d 95 (1989). Misrepresentation is a broad term that encompasses thenondisclosure of a material fact.
 In re Weidner 
, 310 Or 757, 762 n 2, 801 P2d 828 (1990).A misrepresentation may be a lie, a half-truth, or even silence.
 In re Greene
, 290 Or 291,298, 620 P2d 1379 (1980). A material fact consists of information that, if disclosed, wouldhave influenced the recipient's conduct.
, 308 Or at 567-69 (failure to disclosetrue impact of interlineated items in lease material, because disclosure would have prevented other signatories from initialing lease). Even a misrepresentation that is madewith the best of intentions can be a misrepresentation under DR 1-102(A)(3).
 In re McKee
,316 Or 114, 125, 849 P2d 509 (1993).A misrepresentation becomes fraud or deceit "when it is intended to be acted upon without being discovered."
 In re Hiller 
, 298 Or 526, 533, 694 P2d 540 (1985). However, a finding
of fraud or deceit under the rule does not require evidence that the recipient of themisrepresentation relied on it.
 In re Benson
, 317 Or 164, 169, 854 P2d 466 (1993) ("Itis enough that the accused tried to mislead.").The prohibitions against dishonesty, fraud, deceit, and misrepresentation in DR 1-102(A)(3) are not limited to litigation or even to the representation of clients.
, 298 Or at532. To establish a violation of DR 1-102(A)(3), the Bar, at a minimum, must prove thatthe lawyer knowingly misrepresented a material fact.
, 298 Or at 532.A lawyer owes the public a duty of honesty and personal integrity.
 In re Unrein
, 323 Or 285, 288, 917 P2d 1022 (1996). By misrepresenting his identity and purpose and makingother false statements when he called Becker and Adams with the intention of deceivingthem, the accused violated his duty to the public to maintain personal integrity. Theintroduction to ABA Standard 5.0 explains that "[t]he public expects the lawyer to behonest[.]" The commentary to ABA Standard 5.13 further explains that, if the lawyer'sconduct "is directly related to his or her professional role, discipline is required" even if theconduct at issue is not criminal.
Article I, section 20, provides:"No law shall be passed granting to any citizen or class of citizens privileges,or immunities, which, upon the same terms, shall not equally belong to allcitizens."The Fourteenth Amendment provides, in part:"No State shall make or enforce any law which shall * * * deny to any personwithin its jurisdiction the equal protection of the laws."
Americans should do their best to stomp out of existence all laws and rules permitting lying,deceit, and dishonesty by attorneys and government employees. Americans shoulddemand that the law punish lying lawyers and government employees with twice the severityas all others.I believe the time has come to require to record all shootings, arrests, and interactions withthe public, and to surrender and submit the recordings for court and public scrutiny within 2hour after an incident as proof of what happened. Furthermore, all vehicle-based devicesshould have satellite phones or other means of uploading the video in real time to preventtamperiing.
--You received this message because you are subscribed to the Google Groups "Lawmen"group.To unsubscribe from this group and stop receiving emails from it, send an emailtolawmen+unsubscribe@googlegroups.com.To post to this group, send email tolawmen@googlegroups.com.

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