Monument Hearing - Two Takes

 

We have received a press release from the HPNA on the monument hearing that took place on Friday. Before we present that, for those who are not familiar with our stance on this issue, we're presenting the Cliff Notes version:

1. We firmly believe the monument should be moved to a neutral location...legally.

2. Yes, we support the law (unlike many of our readers). Ergo, we believe the law should be changed.

3. If any organization wants to work for monument relocation, it needs first to work on getting the preservation act repealed.

4. Mr. Kennedy uses several ad hominem attacks on various actors in this debate, and we're disappointed in him. Who cares what an attorney's hair looks like? Would he prefer John Edwards?

5. HPNA states that monument ownership doesn't matter. It may in future, so that issue also needs to be decided by the courts.

Now the HPNA press release:

Lauderdale Court Hearing Update Issue

DON’T FORGET: WHY THE MONUMENT ISSUE IS STILL IMPORTANT  

We have laws for a purpose. Disregarding laws is wrong. We expect elected officials to follow the law passed by the representatives of the people.  Deterrence works. Other potential law-breakers will see there is a cost to conducting illegal acts if we take the initiative to make them pay a price.

Thanks to these Sons of Confederate Veteran men for their continued financial support to save our monuments: John R. Massey Camp 152, Fayetteville, Tennessee Capt John Rayburn Camp 452, Guntersville, Alabama Capt Thomas H. Hobbs Camp 768, Athens, Alabama COL Egbert Jones Camp 352, Huntsville, Alabama Check-out our new website: Hpna-al.com 

FOCUS ON FLORENCE: Lauderdale County Court House 4 th Floor – Judge Powell Presiding On Friday, 18 February we rallied at the Lauderdale Court House in Florence. A number of us attended the court held on 4th floor with a limited number of monument supporters allowed into the courtroom. 22 pro-monument and about 7 anti-monument supporters were allowed in the court room. Due to the overflow, another, adjacent court room was opened and the proceedings were “Zoomed” into that room. Overall, our side outnumbered the leftists; et.al. by at least three to one, maybe more. The notable attendee was the chairman of the Lauderdale County Commission, Danny Pettus (with his wife). Mrs. Pettus refused a pro-monument tag to wear that was offered to her. We passed-out a number of them to those on our side in the court room. 

This is what they look like: Also present was Alabama Senator Tim Melson who sparked the current monument suit with his attempt to drag the UDC into the fight with his letter to them. It was a veiled attempt to have the UDC agree to move Eternal Vigil. Amazingly, Pettus is still trying to push the illusion that he “supports the monument”. That is incredible since his county lawyer (representing Pettus) sat with the Project Say Something (our enemies) lawyer as a defendant in the lawsuit brought against them. Mr. Pettus’ lawyer is working with Project Say Something, a black lives matter affiliate organization! Yet, Mr. Pettus wants everyone to believe he is pro-monument. He is not! His actions speak for themselves. 

Lauderdale County Commissioner Danny Pettus: 

The protection of the Confederate soldier monument could be resolved so easily that even a caveman could do it but Mr. Pettus: • REFUSES to issue a “retraction” to his 22 June 2020 letter to the Florence city council giving implicit permission to ILLEGALLY remove the Confederate monument, “Eternal Vigil” • Is responsible for dragging this legal action on, wasting Lauderdale County tax dollars for legal actions……….just like Dale Strong! • Refuses to agree to injunction against monument’s illegal move. This is a simple solution but he will NOT do so. • Will not agree to hold a commission vote to sign a consent decree to fully obey the law! Pettus’ excuse: He is doing what his lawyers want. Really? Since when has the commissioner worked for the county attorney??? 

If Mr. Pettus would grow a spine and order the attorney to do a consent decree TO FOLLOW THE LAW, the matter would be ended. With the lawyers getting $300 an hour, it is good for them to drag this issue out. We are speculating, but they are likely dragging it out to make a lot of money at the taxpayer’s expense. They will become rich off the taxpayers of Lauderdale County. After all, most of the taxpayers don’t realize they are paying the attorney fees! The hearing today lasted almost an hour and a half with each side having the same amount of time to present their cases. What is described below is an incomplete summary of notes that I took and may have errors and are not totally comprehensive. 

The Florence city, Lauderdale county and Project Say Something (b.l.m. Marxists affiliates) argued that: a) the plaintiffs suing them did not have legal standing; b) that the 2017 Monument Protection Act was “unconstitutional”; c) that they do not “own” the monument; and d) that the case should be dismissed primarily on the issue of “standing”. The plaintiffs (our side) argued that a) they have standing as tax payers; b) there is no exclusion in the 2017 Monument Act that prevents private citizens suing; c) that the monument cannot be moved to the cemetery as it would be in violation of the original agreement to have it at the court house and there is no provision for the annulment of its intended use there. The lawyers for the plaintiffs reminded everyone that the constitutionality of the 2017 Monument Preservation Act has already been decided in state supreme court. It is constitutional!! Touché! 

There are a number of conversations that went on that were recorded briefly and will not be recounted here but a couple of notable points were made by the defendants and refuted by the plaintiffs. When the defendants (attorney Burris for the county and Pettus) argued to the judge that the suit has no merit because there is no evidence that there was a “concrete plan” --- their words --- to actually move the monument, therefore the suit has no basis in the 2017 Monument Protection Act. The judge disagreed and said that the pad laid for the monument the cemetery provides “concrete” evidence that there was a plan! Very perceptive! So, the defendants (Pettus, et.al.) were obviously losing traction with their arguments so they called in the “heavy guns”……….a leftist, activist lawyer for PSS / blm named David Gespass. Gespass is a far-north transplant who has made a name for himself defending communist sympathizers such as SDS1 students here in Alabama. 

His argument is the same, worn-out and tired smear that the monument is about “white supremacy”. He made a non-existent analogy between the German SS and Confederates, attempting to slime the soldiers who have thousands of descendants here in Florence. He did not make a great impression and his out-of-control hair makes him look like loon. Gespass with C.A.I.R. members from Alabama. C.A.I.R. is a radical organization that fronts for islamists in the United States. They have been connected to terrorist organizations. The hearing finished with the judge directly asking the attorney for the city if Florence intends to move the monument. The attorney got the “stunned mullet look” and there was a very awkward silence. The attorney finally said he did not know!!! 

So, Freddy the Flounder was put on the spot and the truth comes out. The judge finished by saying he will give 90 days and allow for “discovery” to the dismay of the city and county which means the issue of the concrete pad will lead to the fact one of them was planning to move the monument. We guess it is the city since Mr. Pettus relinquished permission in his letter and the city owns the cemetery. During “discovery”, “our side” will be able to depose those involved in the plan to move the monument illegally which will prove that they planned to move the monument. Even the judge understands a concrete pad is there for the monument and this will be presented as evidence. 

In the meantime, a “Stay” will continue in effect meaning the monument cannot be moved. So, in mid-May, it is back to court. Of real concerns are that:  The judge’s wife sat with the PSS people. She is friends with them. That is not good. If the judge’s wife is a leftist sympathizer, what does that mean? Common sense says it will influence the judge. 1 The SDS --- Students for a Democratic Society, is a far left, violent organization. A Marxist based organization that believes violence is a legitimate means of “revolution”, the group largely dissolved by the late 1970s. However, leftists re-started the SDS in 2006 and it has resumed its activities, mainly on college campuses.  

We have folks who think Pettus is still for the monument remaining at the court house. Look at what he has written and what he is doing, NOT what he is saying! His actions do not support his claim he is for the monument!!! I ask that folks supporting Pettus look again at which side of the court that Pettus’ county lawyer is sitting!! It is with PSS’ lawyer --- the people who want to move or destroy the Confederate monument! Think! That should say it all.  Why is Senator Tim Melson taking off from his medical practice to attend court? Likely he is now worried that his actions to remove the monument (cited in his letter to the UDC) will be made public with his letter to the UDC and his real intentions uncovered! Who is pulling his ‘strings’?

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