ARMS FOR HOSTAGES

In 1986, President Ronald Reagan and his National Security Advisors facilitated the sale of arms to Iran, hoping that would secure the release of prisoners held in Lebanon by an Islamic group called the Army of the Guardians of the Islamic Revolution.
As part of the complex arrangement, funds were to be sent to the Contras in Nicaragua, who were anti-Sandinista and anti-communist.  This was also illegal as a result of the Boland Amendment. Ultimately, FOURTEEN Reagan Administration officials were indicted, and eleven ultimately were convicted.  Many of the convictions were vacated on appeal, and the rest were pardoned by President George H.W. Bush, who was Vice President at the time all this occurred. Most notably, Lieut. Col. Oliver North was tried on

sixteen felony counts. North was initially convicted on three of the charges, but those convictions were later vacated on appeal because some of the evidence used against him was derived from his congressional testimony, from which he was granted immunity for giving.

This week, we learned that the Obama Administration has traded not arms, but 5 hostages for one American hostage.  Many are starting to openly question whether the Obama Administration violated a law that requires 30 days notice to Congress prior to the Executive Branch taking such actions.  Here is video of a CNN reporter asking Press Secretary Jay Carney if Obama feels he is "above the law"
Carney appears to admit that there is a 30 day NOTICE requirement.

Its been said that the more things change, the more they stay the same. Reagan and Obama have this in common. Both of these hostage scandals occurred in their second terms in the White House.  Also, both served at a time with an opposition party in Congress.  Only time will tell if the Obama scandal will be just another second term tempest in a teapot, or if evidence will come to light that seriously impairs the Nation's judgment of its Commander in Chief.

One thing is for certain: Republicans seems be focusing an inordinate amount of energy on the deepening White House scandals which include the VA Hospitals, Benghazi cove up, IRS targeting, and now hostage trading.  This is the adversarial nature of politics. However, I think the GOP needs to spend time crafting its image and coming up with a game plan to win in November. People don't necessarily vote for you because you tear down the other guy.  Republicans need a vision for the future that is positive, sellable, and growth oriented.  We need to rebrand the Republican Party as the Party of freedom and opportunity, and the party of a smaller, more effective government.

The Custody Battle of Kasey Kasem

Many of us grew up listening to radio icon Kasey Kasem.
The news is very disturbing that he is involved in a public tug of war between his children from a prior marriage and his current wife. Reportedly, Kasem's children and his current wife have been battling over care decisions, visitation, and other issues for quite some time. Kasem was reportedly removed from his nursing home by his wife and taken to an unknown location.

Kasem is now 82 and suffering from Lewey Body Disease, which has dementia like traits.  After he was removed, his daughter Kerri was appointed as his temporary Guardian. However, that power is relatively worthless if she cannot determine has exact whereabouts. Reportedly, Kasem signed a Power of Attorney in 2007 giving another of his daughters the legal responsibility to make decisions for him.

While the case of a famous radio broadcaster has generated a lot of publicity, it is important to note that these types of elder care battles play out on a DAILY basis in our court system right here in North Carolina.  In fact, in our State, proper jurisdiction over these matters is before the Clerk of Superior Court, who is the Judge of Probate. That is one reason why the Office of the Clerk of Court is a very important one.  The Clerk is a judicial position in North Carolina.

So what do you do if you suspect a loved on is exploited, neglected or abused?

State law may require that you file a report with Adult Protective Services in your county. After you make a referral to Adult Protective Services, call an attorney who is trained and experienced in STOPPING

financial exploitation or neglect of the elderly. There are a variety of approaches to STOPPING exploitation, and one size does not fit all. However, many times, a guardian is necessary to protect the rights of the exploited individual. A guardian would have the statutory authority, for instance, of revoking the power of attorney that is not being used in the elderly person’s best interests. A guardian would also have the power to get an abused or neglected individual out of their unhealthy environment. A guardian has a lot of power and authority to take steps to PROTECT the elderly adult entrusted to his care. In that way, guardianship is about protecting and preserving the dignity and civil rights of the elderly adult who cannot take steps to protect herself. 

What should you do to avoid being in a tug of war like Kasey Kasem?

Hardly anyone wants to end up in this kind of battle during their golden years. So what should you do to avoid this situation? 

First, careful planning is essential. Make sure you appoint someone that you trust implicitly as your Power of Attorney and Health Care Power of Attorney. Make sure you go to an experienced lawyer to have a will drafted that sets out your final wishes.  

Second, communication is crucial.  Make sure you communicate your wishes to ALL concerned family members. Have a family meeting.  Most of the issues I have seen in my law practice could have been avoided by careful planning and communication.  

If you have any questions about protecting the elderly through careful planning and communication, please contact me at my law office.  For additional resources please visit my web site: www.ncelderlawhelp.com.

Will the NBA's Disciplinary Action Against LA Clippers Owner Survive a Court Challenge?

Obviously, our hats go off to NBA Commissioner Adam Silver for taking bold and decisive action against rogue and racist franchise owner Donald Sterling.

But will the action taken stand up in a court of law? The Constitution and Bylaws of the National Basketball Association ("NBA") are specifically referred to as a "Contract among the Members of the Association."  Thus the Constitution and Bylaws of the NBA govern everything from who is admitted to ownership, how and whether a team can relocate, and how the league views misconduct and discipline against its Members.  If Donald Sterling does not take his beating like a man, his challenge to the Commissioner's authority will ultimately be settled by the principles of contract law, in a court of law.

The NBA Constitution and Bylaws define the terms "Member", "Owner", and "Player". After defining those terms, the Constitution and Bylaws set out the Commissioner's powers with respect to Misconduct of each in Article 35 of the Constitution and Bylaws.

Article 35 indeed grants the Commissioner wide and sweeping power and authority - over players. In fact, the leading sentence in Article 35  is instructive:  "The provisions of this Article shall govern all players in the Association."  Almost every single sub-paragraph of Article 35 thereafter refers specifically to player misconduct.

Article 35A governs misconduct of those other than players. Sub-paragraphs c and d are the likely battlefields.  Paragraph c gives the Commissioner power to fine an owner up to $1,000,000 for "making a statement" that is prejudicial to the league.  Paragraph d grants the Commissioner power to "suspend for an indefinite period or to impose a fine not exceeding $1,000,000" to a Member whose conduct is "prejudicial or detrimental to the Association." So, the legal question will be: was Sterling's conduct prejudicial or detrimental to the NBA? Its hard to imagine that even Sterling could argue, with a straight face, that his conduct was not detrimental to the NBA.  So my prediction is bye bye Donald Sterling.

Other than the obvious lessons about bigotry and hatred, there are several other lessons to be learned here. One is to never say anything in private that you would not say in public.  The other main lesson is to "rejoice with the wife of your youth" as Proverbs 5:18 suggests.  Just think how much trouble we could all avoid if we followed that one simple admonition!

A National Emergency

Detroit resident Steve Utash was attacked by a ruthless mob of inner city young men after he accidentally struck a 10 year old child with his pickup truck.

Reports are that at least two out of ten or eleven teenage attackers have been arrested.  While little information has been released about those teens, the chances are great that the teens grew up in a home without a father. How do I know? Consider the following statistics taken from Coach Tony Dungy's web site: allprodad.com

• For the first time in history, the majority of women who are having children are doing so outside of marriage;
• Research shows that 24 million children do not live in a home with their biological fathers;
• Approximately 7 out of 10 African American children are born to unwed mothers;
• 62% of juvenile offenders grew up without a dad;

Now, does growing up in a home without a father make these youths less culpable? Absolutely not. However, while their actions are inexcusable, their behavior patterns are somewhat predictable. We have a national emergency on our hands. I'll say that again for emphasis and so that it really sinks in. Fatherlessness is a national emergency.

Its too late for either you or I to do anything about the situation in Detroit.  So what can we do about the problem? First and foremost, start with your own children.  If you are out of the home, do whatever you can to be involved in your children's lives.  They need you!  If that means making amends with their mother or their grandparents - if it means biting your tongue, apologizing, asking for forgiveness for your past mistakes, DO IT and DO IT NOW!

If you are IN THE HOME, make sure you are there mentally, psychologically, and emotionally. Don't be married to your job or your golf game! Many have climbed the ladder of success only to realize (often too late) that the ladder is up against the wrong building!  This afternoon, go home, free your schedule, and do something fun with your kids. While you are doing that, teach them an important virtue. Remember, values are primarily CAUGHT, not taught. What they see you do, that is what they will do.  Tell your child you love them and you are proud of them - not because they scored a touchdown or hit a three point shot but because of who they are as someone made in God's image.

Consider mentoring or becoming a Big Brother to a fatherless child.  http://www.bbbscharlotte.org. Chances are you know some kid who is fatherless. Invite them over. Take them fishing, hiking or camping. Take that child to a ball game.  Remember the orphans!    

SHARE this blog. The more we talk about this crucial issue, the more awareness of the problem will spread.