Office of Oakvale, attorney at law

[Oakvale]

Friends,

This office thread will serve as the platform for all my public statements and comments as I settle down to resume practice as Atlasia's premier attorney-at-law.

A lot has changed since I was last active in Atlasian public life, and yet so much has remained the same. Many of the familiar issues that have faced the nation for decades continue to present challenges. My old friend and law partner Bacon Kingman has ascended to the Supreme Court in recognition of his unparalleled legal mind. The regional and political landscape has shifted... but, however, not quite unrecognizably.

In my advancing years I have departed New York City for the somewhat more relaxed environs of sunny New Hampshire, but my doors are open to all, regardless of partisan affiliation - if you need legal representation, please do not hesitate to get in touch.

Former Justice Oakvale contemplates truth, justice and the Atlasian way in his modest New Hampshire law offices.

[Oakvale]

Statement on recent events

Like all Atlasians, I am deeply perturbed by the shocking events of today, where Atlasia's democratically elected President, Windjammer, refused to take office, elevating his running mate, Sestak, to the presidency.

I have no reason to doubt the sincerity of the former president-elect's declaration that other commitments proved too pressing to ignore. Indeed, such honesty, rather than serving out an inactive and inattentive term, is commendable and noble. Likewise, I have every faith that President Sestak will discharge his duties with dignity and integrity.

Nonetheless, Atlasians must be confident that their democratic will has been respected and that we are not sliding into a dark and murky era where voters can no longer safely trust that the political establishment will abstain from 'bait and switch' maneuvers with no forewarning.

I wish President Sestak and the chief justice well.

[Southern Senator North Carolina Yankee]

Statement on recent events

Like all Atlasians, I am deeply perturbed by the shocking events of today, where Atlasia's democratically elected President, Windjammer, refused to take office, elevating his running mate, Sestak, to the presidency.

I have no reason to doubt the sincerity of the former president-elect's declaration that other commitments proved too pressing to ignore. Indeed, such honesty, rather than serving out an inactive and inattentive term, is commendable and noble. Likewise, I have every faith that President Sestak will discharge his duties with dignity and integrity.

Nonetheless, Atlasians must be confident that their democratic will has been respected and that we are not sliding into a dark and murky era where voters can no longer safely trust that the political establishment will abstain from 'bait and switch' maneuvers with no forewarning.

I wish President Sestak and the chief justice well.

Such is what happens when you run for President without actually desiring to be President. While doing so might be beneficial internally, it becomes difficult when you accidentally win.

I was always of a mine to think Jambles would not leave the court and yet last couple days began to think he might. First instinct is the best sometimes.

[Oakvale]

Statement on recent events

Like all Atlasians, I am deeply perturbed by the shocking events of today, where Atlasia's democratically elected President, Windjammer, refused to take office, elevating his running mate, Sestak, to the presidency.

I have no reason to doubt the sincerity of the former president-elect's declaration that other commitments proved too pressing to ignore. Indeed, such honesty, rather than serving out an inactive and inattentive term, is commendable and noble. Likewise, I have every faith that President Sestak will discharge his duties with dignity and integrity.

Nonetheless, Atlasians must be confident that their democratic will has been respected and that we are not sliding into a dark and murky era where voters can no longer safely trust that the political establishment will abstain from 'bait and switch' maneuvers with no forewarning.

I wish President Sestak and the chief justice well.

Such is what happens when you run for President without actually desiring to be President. While doing so for party maintenance operations might be beneficial internally, it becomes difficult when you accidentally win.

It would seem to me that, if nothing else, we could surely have been provided with some advanced warning, as a courtesy. I woke up this morning ready for the beginning of the Windjammer era and was fairly stunned when I realised what had transpired.

[Southern Senator North Carolina Yankee]

Statement on recent events

Like all Atlasians, I am deeply perturbed by the shocking events of today, where Atlasia's democratically elected President, Windjammer, refused to take office, elevating his running mate, Sestak, to the presidency.

I have no reason to doubt the sincerity of the former president-elect's declaration that other commitments proved too pressing to ignore. Indeed, such honesty, rather than serving out an inactive and inattentive term, is commendable and noble. Likewise, I have every faith that President Sestak will discharge his duties with dignity and integrity.

Nonetheless, Atlasians must be confident that their democratic will has been respected and that we are not sliding into a dark and murky era where voters can no longer safely trust that the political establishment will abstain from 'bait and switch' maneuvers with no forewarning.

I wish President Sestak and the chief justice well.

Such is what happens when you run for President without actually desiring to be President. While doing so for party maintenance operations might be beneficial internally, it becomes difficult when you accidentally win.

It would seem to me that, if nothing else, we could surely have been provided with some advanced warning, as a courtesy. I woke up this morning ready for the beginning of the Windjammer era and was fairly stunned when I realised what had transpired.

It's hard for me to fake surprise in this case. They been clear they expected to lose and when you consider the nature of the ticket switch and that it was Jambles as candidate, this was at least somewhat likely. Though as I said towards the end, for some reason I began to think he might actually serve.

[P. Clodius Pulcher did nothing wrong]

Great analysis. While I honestly have always preferred a President Sestak to a President Windjammer myself, I think we should try and make sure that something like this doesn't happen again…

[Oakvale]

Had I been advising the former president-elect, I would have urged him to announce his decision not to take office in advance to avoid possible legal and constitutional complications.

Traditionally, an officeholder's tenure has been thought to begin when they swear the oath of office. For the Presidency, this is prescribed in the Constitution in Art. IV, §5 c.5 -

Upon the commencement of their term in office, the President shall swear the following oath: "I, do solemnly swear (or affirm) that I will faithfully execute the office of President of the Republic of Atlasia, and will to the best of my ability preserve, protect, and defend the Constitution of the Republic of Atlasia."

However, the Federal Electoral Act (2019) states, in §2 c.4 that -

4. All candidates elected in any regular federal election as described within this section shall begin their term of office at noon Eastern Daylight Time for terms beginning between the second Sunday in March and the first Sunday in November, and noon Eastern Standard Time for all other terms, on the first Friday in the month after the scheduled month of election.

The slight ambiguity presents some difficulty: a plain reading of the text would indicate that the term of an elected officeholder would seem to begin precisely at noon, Eastern Time on the first Friday in the month after their election. Immediately upon their term having thus begun, the new President is constitutionally instructed to swear an oath.

Naturally, the Constitution takes precedent over statute, but it would not seem that the texts of the FEA or the Constitution are actually in conflict in this instance - the FEA defines when a term begins, while the Constitution defines what a President must do when that term has begun.

As such, it would have been preferable both from a good government perspective and legally to have declared such intention - effectively a late 'concession' as per longstanding precedent prior to the apparent automatic beginning of the presidential term. As was the case, the former president-elect did not renounce the office until the scheduled presidential term had already began.

This is, of course, entirely technicality. The only practical difference adherence to the strict letter of the law would have made was that Windjammer would technically have been, briefly, president and thus had to formally resign before Sestak could ascend to the office. But it's an interesting aside and highlights the inherent problems that can arise in these unprecedented moments.

An added wrinkle is, of course, that the former president-elect was - and remains - an incumbent officeholder at the beginning of the presidential term. This raises the question of what happens in such an instance: if we read the FEA at face value, it would suggest that terms of elected officials begin at noon, Eastern Time, regardless of the intent of the elected party.

Would this similarly suggest, following this logic, that one elected to federal office vacates, automatically, their current office (should such be incompatible with simultaneously holding federal office), upon their elected term's commencement, without the need for resignation?

This issue would benefit from statutory clarification in the future.

[Sestak]

I think it has been taken as precedent (for most offices) that once the oath has been taken, the term is retroactive from noon on the the specified day. However, by not taking the oath, the term is forfeited in its entirety.

[Oakvale]

I think it has been taken as precedent (for most offices) that once the oath has been taken, the term is retroactive from noon on the the specified day. However, by not taking the oath, the term is forfeited in its entirety.

I agree that that would seem to be the most prudent way to approach this (certainly I would imagine that this is how I would have done so during my time on the Supreme Court).

However I would humbly suggest the Congress may consider clarifying this point when the FEA is next considered for amendment.

[Southern Senator North Carolina Yankee]

I have advised house members who were simultaneously elected as Senators to swear in for house the resign before swearing in for the higher office.

[Oakvale]

Statement on the Congress Should Serve The People Act

I am calling on the Senate to reject the cynical changes to congressional salaries in the infantile Congress Should Serve The People Act. The bill proposes to slash congressional pay by over two-thirds in a hollow populist gesture that will only serve to ensure that the independently wealthy - or those bought and paid for by wealthy benefactors, legal or otherwise - are willing to pursue elected office.

While this may appeal a small handful of well-entrenched members of the political establishment, doubtless bankrolled by crooked labor unions or shady corporate donors, the perversity of this myopic form of gesture politics is obvious and harkens back to the dark days of Communist misrule that nearly destroyed our nation.

Remarkably, debate thus far has apparently focused nearly exclusively on the Senate discussing which of their old cronies they wish to immortalize with busts in the Capitol. Nonetheless, I trust that the majority of our elected representatives will resist the impulse of pandering to cheap applause and sensibly reject this ill-advised legislation.

[Oakvale]

Statement on Beck v. Atlasia

I have today filed suit before the Supreme Court of Atlasia arguing that the Hate Crimes Prevention Act of 2020 is in gross violation of the Constitution of Atlasia and asking that the law be struck down in its entirety.

As this is only the first of several lawsuits I am considering, I have embodied the case with a certain narrative flair as has historically been the practice in some notable petitions so as to avoid multiple Oakvale v. Atlasias, or, God forbid, a roman numeral. I would like to give my thanks to the fine people of the 'random surname generator' website for their invaluable assistance in preparing this case.

I am hopeful that the Court will take the opportunity to reestablish constitutional precedent in this area and grant certiorari without delay.

[Former President tack50]

It is always nice to see more SC cases being filed!

[Oakvale]

Statement on tack50 vs. Lincoln Speaker Wulfric

I am following with interest the lawsuit filed against the Lincoln legislature alleging that the no confidence motion passed against Chancellor S019 was invalid.

As with the potential illegalities surrounding Windjammer's refusal to swear in, the fundamental issue in this instance is that I don't understand the practical consequences of this lawsuit. Even if the motion as passed were to be ruled invalid, the majority of the Council would presumably nonetheless simply vote again to appoint a Chancellor that represents the democratic will of the people of Lincoln, as expressed at the ballot box. Clearly it would be perverse to attempt to install the former incumbent as the head of government through legal trickery when this has been rejected by the people.

However, it is true that the vote, as carried out in haste, raises constitutional questions. The defense argues:

A majority of the membership - in fact, a supermajority thereof - did indeed vote Aye on the motion. Further, nowhere in this text does it require that the "second" happens on the forum. I am happy to share discord DMs on the subject should the Court take this case. Further, as the text does not specifically require that the second happen before the vote begins, AGA's Aye can be considered a second - the text only really serves to prevent a 1-0 (or 1-1 with the Governor tiebreak I suppose) vote of no confidence. This vote was 4-1.

The logic of this argument seems tenous. The relevant regional Constitutional provision reads:

A motion of no confidence shall require a sufficient second to be voted on by the Council, and if this is achieved[...]

Any reasonable interpretation of this clause would surely conclude that a second is required prior to the vote of the full Council, hence "and if this is achieved,". The defense's further argument that there is no requirement that such a second takes place on the forum proper is audacious but uncompelling.

The defense's strongest argument is that the lopsided majority in favor of the motion represents a de facto second, followed by a vote of the majority of the Council. Let us consider the possibility that the introduction of the motion, followed immediately by an indicative "Aye" from the proposer, and then a second "Aye" from a Councillor, constitutes an introduction and seconding of the motion, prior to the vote proper having begun.

This was then followed by three votes cast - one opposed, two in favor. This thus constituting three members voting, and a simple majority of the Council having voted - regardless of how one approaches the prior introduction and seconding - the motion was therefore valid and passed.

As such, while the implementation of the motion left something to be desired, and the Council would be advised to take greater care with such business going forward (if there had been just a single member who failed to vote, depriving the vote of a majority if one excludes the proposer and seconder, the petition would be far stronger) there seems to me to be no practical case for the petitioner.

Were I the responsible Justice, I would decline to hear the case.

[Southern Senator North Carolina Yankee]

When it comes to things like amendments and final votes for that matter some degree of what we use to fondly care Bacon Kings Patented Loophole Abuse^TM is acceptable as long as requisite majorities are achieved. We often start votes if a couple days passed since a final vote motion even if no one called for objections. On votes of extreme consequence though, you generally should make sure to keep all the Is dotted and the Ts crossed.

The best and easiest way is to keep the relevant guidance be it constitution/rules what have you tabbed and review it as you go.

[Former President tack50]

When it comes to things like amendments and final votes for that matter some degree of what we use to fondly care Bacon Kings Patented Loophole Abuse^TM is acceptable as long as requisite majorities are achieved. We often start votes if a couple days passed since a final vote motion even if no one called for objections. On votes of extreme consequence though, you generally should make sure to keep all the Is dotted and the Ts crossed.

The best and easiest way is to keep the relevant guidance be it constitution/rules what have you tabbed and review it as you go.

Well, given Bacon King is going to be the justice issuing a rule here I guess this is going to get dismissed then

[Pericles]

I wonder if you're interested in Wulfric's claim that legislative actions can occur on Discord, that fees pretty sketchy. That's worse than what you prosecuted Ninja for, right?

[Oakvale]

I wonder if you're interested in Wulfric's claim that legislative actions can occur on Discord, that fees pretty sketchy. That's worse than what you prosecuted Ninja for, right?

That is clearly an absurd argument, yes.

Fortunately for the defense their position is strong enough without relying on such a suggestion, but obviously the idea that anywhere outside The Forum Proper exists in Atlasia for such purposes would be damaging to the rule of law. Perhaps legislators can vote via Zoom call? WhatsApp texts?

[Oakvale]

Further statement on tack50 vs. Lincoln Speaker Wulfric

I am pleased to announce that I have been retained as defense counsel in tack50 vs. Lincoln Speaker Wulfric and have submitted a brief to the Court in line with my above reasoning.

I believe the case in this instance is airtight - while it would certainly be preferable that the Council more specifically highlight their adherence to the region's Constitution to avoid such questions arising in the future, there can be little question that the motion of no confidence as passed was entirely valid.

[Former President tack50]

So I go from facing Wulfric on the other side of the court to facing Oakvale? Talk about an upgrade for the defence! (unfortunately for myself)

[Southern Senator North Carolina Yankee]

So I go from facing Wulfric on the other side of the court to facing Oakvale? Talk about an upgrade for the defence! (unfortunately for myself)

Its been nice knowing you.

[Southern Senator North Carolina Yankee]

When it comes to things like amendments and final votes for that matter some degree of what we use to fondly care Bacon Kings Patented Loophole Abuse^TM is acceptable as long as requisite majorities are achieved. We often start votes if a couple days passed since a final vote motion even if no one called for objections. On votes of extreme consequence though, you generally should make sure to keep all the Is dotted and the Ts crossed.

The best and easiest way is to keep the relevant guidance be it constitution/rules what have you tabbed and review it as you go.

Well, given Bacon King is going to be the justice issuing a rule here I guess this is going to get dismissed then

When I sued the Marokai administration I made sure to gratuitously mention the relevant precedent, which just so happened to be a case that the then Chief Justice had brought several years prior and thus included his name.

[Oakvale]

When it comes to things like amendments and final votes for that matter some degree of what we use to fondly care Bacon Kings Patented Loophole Abuse^TM is acceptable as long as requisite majorities are achieved. We often start votes if a couple days passed since a final vote motion even if no one called for objections. On votes of extreme consequence though, you generally should make sure to keep all the Is dotted and the Ts crossed.

The best and easiest way is to keep the relevant guidance be it constitution/rules what have you tabbed and review it as you go.

Well, given Bacon King is going to be the justice issuing a rule here I guess this is going to get dismissed then

When I sued the Marokai administration I made sure to gratuitously mention the relevant precedent, which just so happened to be a case that the then Chief Justice had brought several years prior and thus included his name.

In an amusing reversal of this, I am currently suing the state in Beck v. Atlasia based in part on the precedent set by a case in which the unsuccessful defendant's counsel was a certain Labor politician by the name of Windjammer.

[Oakvale]

Statement on the retirement of Scott

I was sorry to read this morning that Scott has stepped away from Atlasia. Too often those of us who enjoy it can forget that the whirlwind of bickering and political combat that arises from this game can sometimes drive good people away.

This is a sad day for our nation. I have had my share of disagreements with Scott over the years, but he has always been someone who epitomizes, even to his opponents, decency and integrity, and I look forward to the day, hopefully not too long away, when he can return to his rightful place in public life.

[Oakvale]

Victory in tack50 vs. Lincoln Speaker Wulfric

The Court has ruled in our favour in this complex case, on the grounds that the Court has no authority to overturn the results of a motion of no confidence. The democratic will of the people of Lincoln has been upheld.

I would like to thank the defense for retaining me as counsel, and, indeed, tack50 for bringing an interesting and precedent-setting case in the first instance.

I would also recommend that everyone read Justice Bacon King's engrossing and exhaustive opinion, which is evidence that he remains one of Atlasia's finest legal minds. We are fortunate to have him on the Supreme Court. While I, as one might expect, disagree with some of the Court's interpretations, the opinion in full is highly worth a read to anyone with even the slightest interest in Atlasian constitutional law.

I hope that the Council will heed the ruling of the Court and show care in such important matters in the future, so that we may avoid these murky constitutional questions going forward.