Former Texas Congressman Tom DeLay Wins Appeal

[Tom DeLay's photo from "Dancing With the Stars" from wikipedia]

Did you hear the news? According to various news reports, a Texas appellate court has set aside the money laundering conviction of former Texas Congressman Tom DeLay. You may recall that DeLay had been convicted of allegedly funneling $190,000 in corporate contributions through his political action committee to various local state Republican candidates. Texas law generally forbids corporate contributions to state candidates. But Texas law also requires that, as an essential element, in order for it to be money laundering, the funds in question must, in fact, be illegally obtained funds.

In setting aside DeLay's conviction, the two-one court majority found that the State had failed to prove that the money which DeLay donated to the local candidates was, in fact, tainted money.

This case illustrates the point that prosecutors must be sure that they can prove each and every element of a criminal charge BEFORE seeking an indictment. As a former federal prosecutor, I faced the same challenge on each federal indictment I sought.

Naturally, DeLay is reportedly elated over the appellate court's decision. It remains to be seen whether or not the district attorney will appeal to the highest Texas appellate court. But one can only hope, in my opinion, that they will get their ducks in a row before proceeding any further on such a questionable course. In my opinion, this was a rank, ill-advised political prosecution from the beginning. The appellate court's finding certainly supports that conclusion!  What do you think?

Mark Twain, Crime Rates, And Statistics

[Photo of Mark Twain/Samuel Clemens from wikipedia]

In my opinion, Mark Twain had it right when he said about statistics that, "[t]here are three kinds of lies: lies, damn lies, and statistics!" I don't trust crime statistics, either! I thought about Twain's quote when I read online, today, at neighborhoodscout.com, that, based upon statistical reports, Columbia County, the county I live in, is one of the safer counties in our State, in contrast to neighboring Augusta, Georgia, which reportedly has one of the highest crime rates!

Now, don't get me wrong! As a former state and federal prosecutor, and as a long-time Columbia County resident, I know fully well that, generally, Columbia County is a much safer place. And our local sheriff does a great job. But my point is that you can't believe statistics alone in drawing any conclusions about which place is safer, because, simply put, statistics are unreliable.

Let me give you an example to prove my point! Let's assume that a sheriff in one county works really hard and makes a large number of arrests one year. Ironically, the increase in arrest statistics will indicate that crime is getting worse in that county, even though the sheriff has actually taken more bad guys off the streets! In other words, the crime rate is up, but more bad guys are behind bars! So, it actually should be safer!

The converse is equally true! A lazy sheriff may make fewer arrests and then falsely claim credit when the crime rate appears, on paper, to go down!

So, when it comes to crime rates and statistics, I agree with Mark Twain! Crime rates and statistical reports are often just a bunch of lies!

What do you think?

Former Congressman Jesse Jackson, Jr. Sentenced to Federal Prison

[Photo of Jesse Jackson, Jr. from wikipedia]

Did you hear the news? According to various news reports, on Wednesday, former Illinois Congressman Jesse Jackson, Jr. was sentenced by a federal judge to serve 30 months in prison following his guilty plea to mail fraud and wire fraud, in connection with his siphoning $750,000 from his campaign account. 

One of the allegations in my prosecution, (as a former AUSA), of former Georgia Senate Majority Leader Charles Walker similarly involved using his own campaign account for personal expenses.

In the new case, Jackson reportedly used his political campaign account as a "piggy bank," over the years, using it to purchase luxuries such as a Rolex watch and spa excursions.

Jackson's wife was also sentenced to serve one year for her role in the scheme, according to reports.

To his credit, Jackson had accepted responsibility for his crimes and did not use his bi-polar condition as an excuse, at sentencing.

Life in America Today: Drones, the IRS, and the NSA

[Drone photo from telegraph.co.uk]

Are you as alarmed as I am about the growing government intrusions into our lives and privacy in America today? Just recently, we have seen reports about more and more police departments now using drones to spy on us. Drones have also been used by the government to kill American citizens abroad. Okay, maybe that last example won't upset you, because the targets have been overseas and terrorists.

But what about other recent examples, here at home? For instance, aren't you alarmed that the I.R.S. has been targeting conservative Tea Party members? How about the recent revelation that the government has targeted Fox News reporter James Rosen, and obtained his (and family members') telephone records, along with telephone records of other reporters at the AP news agency? Are you alarmed yet?

And now, today, we have also learned that the National Security Agency (NSA) has been secretly obtaining telephone records of literally millions of American citizens from Verizon!

Maybe we aren't all going to Hell in a hand basket, and maybe justifications exist for some of these actions. However, my point is that all of us, as freedom-loving Americans, should be vigilant and concerned about such growing government intrusions into our freedom and privacy. 

What do you think?

Happy Mother's Day from the Goolsby Law Firm!

[Mother's Day depiction from connect-in.com]

"A Mother's Day Memory"

          By Richard Goolsby

Oh, to think of Mother's hug,
Evokes a sentimental tear!
My heart strings pull and tug,
As Mother's Day draws near!

When I was young and ill,
She would rock me through the night.
That old rocker squeaked and squealed,
But still, she held me tight.

I can feel her arms around me,
As she held me late one night.
I can feel her love surround me,
Mother's love makes most things right.

I can see her -- just above me,
I can hear her voice, so clear,
And the words to "Jesus Loves Me,"
From her lips down to my ear.

Yes, it's true -- my mother's gone,
But it's also true, you see,
My mother still lives on,
In my heart and memory!

Happy Mother's Day to all moms "out there!"

Goolsby Brag Board: S.C. Law Practice!

I hope that the followers of this blog, written by an Augusta, Georgia criminal lawyer, (and former federal prosecutor), don't get too tired of reading posts about our lawyers' successes! I have one more accomplishment to boast about today!

Today, we learned that both my sons, Ric and Blake, with whom I practice law have passed the South Carolina Bar Exam, (and on their first attempt, too)! Of course, they already were licensed to practice law, here, in the State of Georgia. But now, we will be able to help clients with legal matters in BOTH states!

Since Augusta, GA is close to the state boundary with South Carolina, it made sense for us to be able to handle cases in both states. And now, we will!

Naturally, I am a very proud, fortunate father to have the opportunity to practice law with my two sons! And I can't wait until my third son, Zachary, graduates from law school and joins us in just a year! So, now you can see why we are so happy today at the Goolsby Law Firm! This is an accomplishment worth bragging about!

My Take on the Atlanta Public School Cheating Scandal

I would imagine that most of you are aware that, in the past week, a total of 35 Atlanta area public school teachers and school officials have been arrested in connection with the law enforcement probe of alleged cheating by teachers on standardized tests, which led to inflated student test scores in various Atlanta public schools.

Look, I am quite sure that we can all agree that such cheating is wrong! There's no room for debate about that! But here is my take on this prosecution -- and you may or may not agree with me!

First of all, I acknowledge that, presently, I am a criminal defense lawyer  in Augusta, Georgia. I proudly defend folks accused of crimes. But even as a former career prosecutor, both state and federal, I would never have made this into a criminal case. In my opinion, such cheating by teachers should be a firing offense, but not a criminal offense!

My teacher friends tell me that our entire school system is a mess. No Child Left Behind has put tremendous pressure on teachers to focus their efforts on test-taking and test performance, rather than on teaching the little urchins how to read and write! It is no wonder that some teachers will feel pressured to fudge on scores.

Again, I am not saying we should reward cheaters! That is not my point! All I am saying is that we shouldn't be trying to put them in prison, either! In short, again, this cheating, in my opinion, should be a firing offense and not a criminal offense!

What do you think?