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Saturday, 3 November, 2012 11:36 PM

Macomb County: Laughingstock of the Nation

Photo credit: Wikipedia

James Madison was a Founding Father and the fourth President of the United States.


by Mike Wrathell


"I believe there are more instances of the abridgment of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations." ~~ President James Madison


STERLING HEIGHTS, Mich. -- After over four years of fighting to unseat Mr. Eric J. Smith of Macomb County, Michigan from his position as Prosecuting Attorney, I have finally come face-to-face with his brainchild: an Abomination many have deemed his Loyalty Oath, a provision in the Collective Bargaining Agreement (heretofore “CBA”) that contains the requirement that his assistant prosecutors contract away two of their fundamental rights guaranteed to them as Americans by the Constitution of the United States of America – a Constitution, mind you, that Mr. Smith and they all swore to honor and protect as a condition for them becoming attorneys in the first place, and, I assume, Mr. Smith swore to again once the voters unwisely elected him to office not once, but twice, and, Heaven forbid, could do so a third time on Tuesday, if they don't vote for me, who will not honor the rancid provision contained in the CBA, a vile piece of rotting filth if there ever was one, and will make sure a new CBA will be written quickly, and without anything unconstitutional.

How any attorney duly sworn to honor and uphold the Constitution of our great nation can force fellow attorneys to give up their absolute right to free speech will never cease to amaze me. But besides the incredible gall of Mr. Smith, his assistants, the Macomb County Chamber of Commerce, The Detroit News, The Macomb Daily, the UAW, the Michigan Democratic Party, some judicial candidates, and some other local lawyers have also chimed in in their own repressive ways that the suppression of fundamental rights in Macomb County doesn't bother them in the least. Some members of the Media have even mocked me for being an artist, as if the fact that I choose to exercise my right (not to mention my meager God-given talent) to express myself creatively is something quite shameful and unfortunate. There is no pond that has such scum in its depths. I refuse to let these people and organizations rule over Macomb County without my challenge. Macomb County is far better than the cretinism in which they seemingly love to wallow. Maybe they just need you and I to show them that there is more to being a human being than stopping at pond scum.

I would like to breakdown my objections quickly. First of all, here it is. It is located in Article 8, Edict H, Section 2, Subsection c. of the current CBA between Macomb County, Eric Smith, and his Assistants, and reads as follows:

c. The incumbent Prosecutor is the chief law enforcement officer for Macomb County, and the democratically elected policymaker for his/her political office. All appointed employees of the incumbent Prosecutor must implement the policies of his or her political office in a full, steadfast, and confidential manner.

No Assistant Prosecutor shall:

  1. Seek the political Office of Prosecuting Attorney against the incumbent Prosecutor; or
  2. Work for, endorse, support, or facilitate support for, in any manner, financial or otherwise, the candidacy of any individual for the Office of Prosecuting Attorney against the incumbent Prosecutor
A violation of this subsection shall constitute just cause for discharge.

I must also include something two letters later in subsection e.

e. The determination of just cause for dismissal shall be consistent with federal and Michigan case law.

First of all, why does subsection c. have to specifically say that it shall be deemed to be "just cause" for discharge? Is it because Eric Smith is scared that if federal and Michigan case law were to be used to determine whether "just cause" existed that none would be found? No other subsection in the entire CBA ends with a summary pronouncement that said subsection will be deemed to be "just cause" without regard to federal and Michigan case law. Mr. Smith must have suspected that his Loyalty Oath is standing on shaky ground, and he is right. In fact, it is not standing at all. It is a pool of scum lying at the bottom of the ocean where those fifty lawyers that make a good start are figuratively writing his next CBA, hopeful that the voters of Macomb County can be duped once more into voting for the Xerxes of Macomb Township. It was Xerxes who demanded of his conquered sovereigns a token of earth and water to show their abject loyalty to his corrupt and degenerate rule. It is intellectually cowardly to try to get around federal and state case law in such an underhanded way; but lawyers are not always chivalrous; in fact, in feudal England, lawyers were not allowed to use the term esquire and knights were higher in rank. Lawyers stole the term esquire. Even in the days of George Washington, non-lawyers who were gentlemen used the term esquire.

And why does it not say that the federal and state constitutions can be used in determining if "just cause" for dismissal exists? You don't even have to get to case law when you are dealing with lawyers who are already under oath to honor both constitutions. Mr. Smith and his assistants are barred from contracting away (or otherwise suppressing) anyone's free speech (or other fundamental) rights (let alone their own) to support and/or endorse anyone they like for Prosecuting Attorney or their right to run for office. The First Amendment bars elected officials from suppressing any form of speech. The Ninth Amendment grants the assistants the right, though unenumerated, to run for any public office as a fundamental right, and fundamental rights cannot be contracted away as a condition of employment. This Loyalty Oath is an abject abomination. It must be removed from the CBA forthwith – like the alien baby inside Noomi Rapace in Prometheus before it spreads throughout America. Now is the time to make a stand. Now. Election Day 2012.

It is a shame that some lawyers, instead of using their advanced degree to further individual rights and spread the great ideals of our Founding Fathers, use their specialized knowledge to maintain their hold on power, and, at the same time, suppress the fundamental rights of others, and, in this amazing and abominable instance, have the complicity of their own kind: fellow lawyers ignoring the dictates of their own oath to honor the Constitution, grateful for a job, yet forgetful of their ethical duty to oppose a gross insult on the lovechild of our Founding Fathers. If Eric Smith and his assistants don't care about their own fundamental rights (well, Eric likes his right to free speech when it comes to leaving a profanity-laced and threatening voicemail, a bizarre, late-night rant for which he was charged with a misdemeanor), what makes you think they give a rat's behind about yours or your loved ones' fundamental rights? Ask Art Young. His son, A.J. Young, is doing 27 to 50 years due to the prosecutorial misconduct of a former Macomb County assistant prosecutor that Eric Smith refuses to investigate. There is a signed Affidavit from a witness saying he was indeed intimidated to not “tell the truth, the whole truth, and nothing but the truth” on the stand, and, as a result, an innocent man rots in prison as we speak. A brave, desperate man who killed a rapist in the act of raping the man's girlfriend. I am ashamed to be a lawyer myself when I look at the travesty that Mr. Smith's actions have cursed Macomb County with; but I will not let that shame paralyze me. No way. I am representing the Constitution this Tuesday, and, God-willing, voter-willing, I will help Mr. Smith learn a new question to ask to others besides, “Will you, like me, wipe your behind with the Constitution?” And that question is, “Would you like fries with that?

For more information about the November 6, 2012 General Election, visit the Election Center.

Related Story: Macomb County-Style Injustice: The Story of A.J. Young


Photo credit:

Mike Wrathell is an artist, writer and attorney from Sterling Heights, Mich.




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Unauthorized duplication or use of Text, Photos, Videos, Site Template, Graphics and or Site Design is Prohibited by Federal and International laws. See our Notice/Disclaimer.