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Why I Can Vote With a Clear Conscience

This is the one election that in all of our history is a fork in the road that we had better choose wisely.
This next president will appoint several Supreme Court justices.
That alone should be enough to make everyone sit up and take notice.
If HRC is allowed to stack that Supreme Court, the country is gone.
It is that serious. There is no turning back, none.
We will not have the luxury to say, we can hang for another 4 years.
The communist planks are all in place…
...that ball is at the finish line and just needs that last punt over the goal posts and it is game over.
That one issue will have ramifications for decades.
Your children and grandkids will experience the full weight of that one issue alone.

Monday, August 13, 2012

Full Sentinel Ruling Link

Ann Barnhardt

A reader with a Westlaw subscription downloaded this and then emailed it to me. Many thanks for that, as it is NOT published on the internet. Until now. Mwah-ha-ha-ha.

CLICK HERE for the Sentinel Federal Appeals Court Ruling of August 9, 2012

This commentary came from the fellow who sent this to me. I think it is spot-on.

Miss Barnhardt,

I thought you might be interested in reading the actual opinion of the In Re Sentinel Group case, which I have attached in PDF. It was very hard to find for some reason, and I had to access my Westlaw account in order to get it. I think it would be well worth your time to read it, as I am afraid that it appears to confirm what you have been saying.

The entire case reads like an after-the-fact rationalization of a predetermined conclusion. Years ago when I was with a different firm, I worked on numerous major institutional fraud and auditing cases, and I cannot recall a ruling even remotely similar - let alone from a federal court of appeals.

Please pay particular attention to the section on equitable subordination, on pages 6 through 8. Unbelievably, the court acknowledged in that section that even though some of the bankers lied under oath during the trial, that fact did not prove "sufficiently egregious" actions on the part of the bank.

I will quote the opinion: "Instead of finding that their testimony [i.e. their lies] justified a finding of egregious bank behavior, the district court essentially found that the bank officials were such artless liars that they couldn't have been concealing deliberate wrongdoing." See page 7, column 2.

So in other words, a U.S. Court of Appeals has found that if a banker lies under oath during a trial, that fact proves that the bank was innocent of any misconduct with respect to the subject matter of those lies. Did we get transported to bizarro world without knowing it?

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