Education
Judicial Reform in SC – The Appeal of Davis v. Leupp
Or “just the way it is” here in South Carolina.
Lawrence is taking a well deserved day off this week … so we thought we would bring you another 21 minute, 44 second video which demonstrates the clear need for JUDICIAL REFORM here in South Carolina.
Judicial Reform is the talk of political circles now … and folks will be pushing it hard in 2024 from both the Right & the Left. (October 4th, 2023 – FITSNews – HERE)
FITSNews (10/04/2023): HERE
Where It Started
Where “judicial reform” started for us was in 2014 when the SC Department of Revenue (SCDOR) under then Director Rick Reames (HERE) and then Governor Nikki Haley “TARGETED” us personally and Palmetto Kids FIRST Scholarship Program, Inc. for a South Carolina tax “audit”.
We all know how Lois Lerner (HERE) and the Internal Revenue Service under the Obama administration targeted TEA Party Groups back in 2013 (HERE) … well guess what … it happened right here in South Carolina too, just in reverse … and it was conservative Republicans targeting other conservative Republicans.
Imagine, opening your mailbox one day in 2014 and you have three “NOTICE OF AUDIT” letters from the SCDOR against yourself, your wife (we are married but filed our taxes separately at the time) … and a children’s non-profit helping special needs kids. I’m a tax attorney / CPA and been waiting my whole life to be audited … but is was still disturbing given the obvious political targeting we were already suffering from powerful people we did not even know.
We did not understand it at the time … all we wanted to do was raise money and give scholarships to K-12 kids with “special needs” in our spare time … and live our “retirement” life at the Isle of Palms … but it was all “political” and all over MONEY & special interest … and this evil is why we are involved in this movement to this day.
School Choice is not fixed here in South Carolina yet and we are sticking at it until it is done … no matter what it takes … and no matter “who” needs to be EXPOSED!!! The kids deserve it, and South Carolinians deserve better as well. The corruption that is dragging down South Carolina and our children must be STOPPED!!!
FollowTheMONEY!!!
[NOTE: Spoiler alert, the ultimate outcome of the “audits” after a year and a half and tens of thousands of dollars in legal expenses … (#1) I personally did not have a tax return filing requirement in South Carolina at the time, (#2) my wife Olga was completely cleared as all she had was two W-2s and a standard deduction … and (#3) nothing was ultimately found wrong with the non-profit Palmetto Kids FIRST as the SCDOR published a huge “faux” report full of errors and then mysteriously dropped the audit without finalizing the matter or correcting their obvious errors. It was a complete political targeting by SC State Government and certain politicians.]
LEGISLATORS CALLING JUDGES: We had faith in the system back then, but to be safe we did hire one of the biggest law firms in South Carolina … and specifically the head tax partner to handle our case. He was a referral from another prominent family / attorney here in SC.
After the first meeting the attorney had with Director Reames and other top officials at the SCDOR … the attorney told us this:
(#1) You are definitely being “targeted” and there is something much bigger / higher-up going on here. YES, the lawyer seemed scared as you don’t want to cross the SCDOR as they will ruin your career and take it out on your other clients. And in follow-up he told us …
(#2) It is not uncommon for a legislator to call a Judge and tell him/her how they want the case to turn out.
Are you kidding me?!?!?
As a USC Law School graduate / attorney myself I was FLOORED as such communications are a HUGE breach of judicial & lawyer ethics … but what was most troubling was the attorney did not seem to have a problem with it. It was “just the way it is” here in South Carolina.
NO, it is not acceptable as “just the way it is” … and JUDICIAL REFORM, specifically lawyer legislators picking judges in South Carolina, became a hot button issue for us personally.
But, enough of that background, let’s get back to the Davis v. Leupp case appeal and video …
Rule 12(b)(8)
(Duplicative cases not allowed … unless “political”?)
OK, so know that there is a reason for everything … and there is a very important “Rule of Civil Procedure” (HERE) in court cases that says you can’t file a case in one jurisdiction and go file the same case in another court, and another court, and another court. If someone does that it is easy to have the case dismissed under SC Rules of Civil Procedure, 12(b)(8).
Defenses – Rule 12(b)(8): “another action is pending between the same parties for the same claim.”
But the cases have to be identical. Same parties and same claims / facts.
Operative word … “SAME”!!! It is right there in the Rule.
But my Greenville case against Nate Leupp, my predecessor as Chairman of the Greenville County Republican Party, was dismissed under Rule 12(b)(8) even though it involved DIFFERENT parties … and different FACTS. Some facts and events in the Greenville case happened AFTER (as Court of Appeals Judge Blake Hewitt noted in the video) the events in the Richland case. It’s crazy town to say the two cases are the same!!!
So … how can a Greenville case with different parties and different claims, for events that happened AFTER a Richland case, be dismissed under Rule 12(b)(8) as duplicative?
Welcome to a “Banana Republic”!!! (HERE)
Banana Republic (defined): A country (or state like SC) with an economy of state capitalism (like selling out the SC Citizens & Taxpayers to Volkswagen for $1.4 Billion in 2023), whereby the country is operated as a private commercial enterprise for the exclusive profit of the ruling class (like our “legislators” and their monied special interest).
Innocent Mistake?
(and purposeful delay & distraction)
Realize, this original case was filed on November 12th, 2019.
It is now October 6th, 2023 … almost FOUR YEARS later … and this case was dismissed under Rule 12(b)(8) so nothing has been done for FOUR YEARS … except for HUNDREDS & HUNDREDS of manhours spent fighting this one clear issue!!!
Do we think the trial court Judge in Greenville made a simple mistake? Rule 12(b)(8) is only TWELVE WORDS … it is about as simple and basic of a Law School 101 class as you can get.
Or, do we think some “lawyer legislators” may have made a call to the Judge and told him how they wanted the case to turn out? Like the Columbia big firm partner told us its “just the way it is” here in South Carolina.
Watch this appeal video … and YOU decide.
YouTube: HERE
TIMESTAMPS:
Start – 9:51: Appellant Davis’ Case
9:52 – 18:49: Respondent Leupp’s Attorney
18:50 – End (21:42): Appellant Davis’ Reply / Closing Argument
LEGAL FILINGS:
Record on Appeal (all the case filings): HERE
Appellant Davis’ Final Brief: HERE
Respondent Leupp’s Final Brief: HERE
Appellant Davis’ Final Reply: HERE
Dum spiro spero
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ABOUT THE AUTHOR …
Jeff Davis is co-founder of mySCGOP.com . Jeff is a ’89 graduate of The Citadel and in 1993 received his Law/MBA from USC. A tax attorney / CPA licensed in Georgia, Jeff is an uncompromised school choice advocate for K-12 children with special needs. Originally from Charleston, and having practiced in Atlanta, Jeff and his wife Olga now live in Greenville. Jeff completed his two year term as Greenville County Republican Party Chairman and is currently serving as GCRP State Executive Committeeman.
– PAY YOUR $40 NOW!!! HERE
Dear South Carolina Patriots,
Friends, if you are a MAGA America First STATE DELEGATE (or alternate) … register for the SCGOP (RINO) State Convention ASAP!!!
The deadline is Wednesday, April 30th at 11:59pm … but we have heard from delegates all across South Carolina that had no idea there was a registration deadline. Those delegates (coincidentally) all seem to be AGAINST current Chairman Drew McKissick. #FireDREW!!!
So … REGISTER ASAP … like right now … especially if you are “real” MAGA America First!!!
Register Today: HERE
Bonus: Zero Guest Policy?
Straight from the SCGOP registration page.
Isn’t it interesting …….
—–
SCGOP Disclaimers:
“The 2025 State Convention will be held on Saturday, May 3, 2025 at the Columbia Metropolitan Convention Center, located on 1101 Lincoln Street, Columbia, SC 29201.”
“The Convention will gavel in at 11:00AM with credentialing beginning at 9:30AM.”
“Each Delegate will only be able to purchase ONE ticket per person.”
“We have a zero guest policy. Unless you are a State Delegate or State Alternate, you will be denied entry to State Convention.“
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SUSTAINING & INDIVIDUAL DONATIONS:
Make a Charitable Donation TODAY: HERE
Jeff Davis on In Depth with Mason Sims – 4/24/2025 (HERE)
There is a lot going on in the way of discussion about (#1) the SC Senate’s Railroading of Treasure Curtis Loftis (or really the railroading of “US”) … & (#2) the SCGOP Convention on May 3rd.
Here is a quick live podcast video of Jeff Davis on In Depth with Mason Sims from last that we think you may enjoy.
Podcast Live Video: HERE
If you have any questions, concerns or thoughts … just let us know at team@mySCGOP.com.
The SC Senate’s Railroading of “US”: HERE
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ABOUT THE AUTHOR …
Jeff Davis is co-founder of mySCGOP.com. Jeff is a ’89 graduate of The Citadel and in 1993 received his Law/MBA from USC. A tax attorney / CPA licensed in Georgia, Jeff is an uncompromised school choice advocate for K-12 children with special needs. Originally from Charleston, and having practiced in Atlanta, Jeff and his wife Olga now live in Greenville. Jeff completed his two year term as Greenville County Republican Party Chairman and is currently serving as GCRP State Executive Committeeman.
Jeff is also “barred” from attending the SCGOP State Executive Committee Meetings (HERE). Why? Because he dared to run against Drew McKissick for SCGOP Chairman – coming in 2nd with Drew only being reelected by 1.8% (HERE & HERE) – and in September 2021 he told the State Executive Committee that Chad Connelly had been under SLED investigation for a year and a half … and it was true (HERE & HERE).
Send us your opinion on this great debate … and how you would like to see it solved … by emailing us at team@mySCGOP.com.
SUSTAINING & INDIVIDUAL DONATIONS:
Make a Charitable Donation TODAY: HERE
4/21/2025 YouTube Live Stream: HERE
Yesterday was 10 hours and 15 minutes of pure railroading of the most popular elected public official in the State of South Carolina … Treasurer Curtis Loftis.
At the end of the night, “our” SC State Senators voted 33 to 8 in favor of S 534 (HERE) … a Concurrent Resolution on the “removal” of Curtis Loftis.
But none of this had to do with Curtis Loftis … if had to do with YOU … with US.
If you watch the video you can tell the utter distain our SC State Senators have for US and our opinions. We had over 400 simultaneous viewers on our live stream yesterday … all furious about what they were witnessing. Many had never actually watched a video of the proceedings at the SC Statehouse … never seen what really happens in Chambers on the live feed. Well, now they have, and now they know exactly how bad it is.
We have watched this for just over 10 years in our School Choice battle. Yesterday was no different. The Senate had it’s mind made up BEFORE the proceedings started … and nothing was going to change the outcome. It was all about the MONEY … and their petty vendettas … it had nothing to do with what is right morally, ethically, or legally … it was all a show.
Anyone watching saw the terrible opening performance of Senators Grooms & Goldfinch. We then all witnessed the brilliant performance of Treasurer Loftis and his representatives / lawyers. Curtis and his TEAM laid out his case and we all thought it was over … slam dunk … Curtis was vindicated.
Then the rest of the Senators got their “10 minutes each of Q&A” … and it became obvious the outcome was predetermined.
The final vote was 33 to 8 (with 5 excused absences).
But even the 8 that voted in favor of Treasurer Loftis … they all sat there relatively silent knowing the “fix was in” … just like so many times in our school choice fight. It was a railroading because that is what THEY all wanted.
This was not about Curtis Loftis … this was about POWER, CONTROL, MONEY … and petty personal VENDETTAS … and now a lot more people have seen it first hand.
Let’s hope this is the “Shot Heard Round the WORLD” for South Carolina citizens to wake up to the problem which is our SC State Legislature – especially the SC Senate. Not some of them, not a few in leadership … not just the ones who voted against Curtis Loftis … but (sadly) every single one of them. Silence is compliance. Where was any elected SC Senator FIGHTING for Curtis Loftis … or US … yesterday? They were all responsible.
NOW … get ready and watch the #FakeNewsMedia and everyone else who “benefits” from getting rid of Curtis will start to pile on. Watch some (who have been shafting The People as well) try to reap some positive brownie points out of this to help ingratiate themselves with the grassroots as they claim outrage and try to come to Curtis’ defense. None of this is complicated once you see the mental manipulation that goes on in politics in general, and SC politics specifically.
More to come on this for sure … stay tuned.
Watch the Recording:
YouTube: (HERE)
X: (HERE)
FaceBook: Part 1 (HERE), Part 2 (HERE)
The Vote:
Vote on S534 (4/21/2025): HERE
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ABOUT THE AUTHOR …
Jeff Davis is co-founder of mySCGOP.com. Jeff is a ’89 graduate of The Citadel and in 1993 received his Law/MBA from USC. A tax attorney / CPA licensed in Georgia, Jeff is an uncompromised school choice advocate for K-12 children with special needs. Originally from Charleston, and having practiced in Atlanta, Jeff and his wife Olga now live in Greenville. Jeff completed his two year term as Greenville County Republican Party Chairman and is currently serving as GCRP State Executive Committeeman.
Jeff is also “barred” from attending the SCGOP State Executive Committee Meetings (HERE). Why? Because he dared to run against Drew McKissick for SCGOP Chairman – coming in 2nd with Drew only being reelected by 1.8% (HERE & HERE) – and in September 2021 he told the State Executive Committee that Chad Connelly had been under SLED investigation for a year and a half … and it was true (HERE & HERE).
Send us your opinion on this great debate … and how you would like to see it solved … by emailing us at team@mySCGOP.com.
SUSTAINING & INDIVIDUAL DONATIONS:
Make a Charitable Donation TODAY: HERE
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