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)
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 Obamaadministration 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?
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.
Jeff Davisis 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.
Yesterday we shared with you the CALL TO CONVENTION for the 7 SCGOP Congressional District Conventions coming up in April (HERE). All America FIRST SCGOP State Delegates should REGISTER … and attend!!! Consider it mandatory to #SaveSouthCarolina!!! 😉
Well, guess what … there are 3 1/2 pages of “Rules” about these 7 SCGOP Congressional District Organizations … including details on the conventions.
We won’t repeat the entire Rule 6 here … it is 3 1/2 pages … but click below … read Rule 6 … and let us know if you have any questions or see anything interesting. It is critical to know the RULES!!!
READ RULE 6: “Congressional District Organization” – HERE
$55 MILLION for “real” School Choice READY TODAY!!!
S285 has already PASSED the SC Senate (28 to 9 vote)!!!
S285 is just sitting in the SC House waiting to be passed.
Could be passed, AS-IS, No Changes and be law within a week.
$11,000 scholarships for special needs … not $6,000 like ESA.
$11,000 scholarships for low income … not $6,000 like ESA.
100% Constitutional … not like the ESA.
No Gov’t Strings Attached … not like the ESA.
Approved by Homeschoolers / HSLDA … not like the ESA.
All sides say they support it … not like the ESA.
Nearly UNIVERSAL School Choice!!!
All families up to 400% of poverty are eligible ($124,800 for a family of 4).
ESA Supreme Court Oral Arguments: This past Wednesday March 6th, the SC Supreme Court heard oral arguments on the lawsuit claiming (as we believe) that the ESA / Education Scholarship Trust Fund (ESTF) program is UNCONSTITUTIONAL.
You all recall that a substantially similar ESA program was twice ruled UNCONSTITUTIONAL back in 2020 … both decisions were unanimous 5 to 0 opinions … and that point was made very clear by Chief Justice Donald W. Beatty (HERE) as the hearing began. The Chief Justice was unrelenting in his disdain for the ESA program … probably more that a judge should be in open court … but the other Justices were not very easy on the matter either.
Acting Justice, Chief Judge James E. Lockemy (HERE) of the SC Court of Appeals made a huge issue of whether the Superintendent of Education could even administer the program … based on the fact that her Constitutional Duty was to represent Public Schools. That was a new twist, and not a good sign for the ESA pushers.
Watch the 1 hour & 7 minute video of the hearing yourself: HERE
You never know what may happen … and we are sure the “politicians” electing these SC Supreme Court Justices have been working them hard to rule their “monied special interest” ESA bill is legal … but it could very well be that the SC Supreme Court rules this program unconstitutional for a third time.
The 2020 ESA decision was originally heard on September 18th, 2020, with the decision filed on October 7, 2020 … just 3 weeks later. Legislators (and families / schools) need to know before the 2024 legislative session ends in early May, so the clock is ticking.
Surprisingly, very few mainstream media outlets are reporting on this … but you can see what Alexander Thompson of The Post & Courier (HERE) and Seanna Adcox of the SC Daily Gazette (HERE) and Jeffrey Collins of the Associated Press (HERE) had to say about the oral arguments.
PASS S285 – “real” School Choice: S285 has already passed the SC Senate and is objectively “better” than the 100% Government Run / government strings attached ESA program … so why are legislators delaying??? What do we say … #FollowTheMONEY!!!
The 2020 ESA Program using the same ClassWallet (HERE) online portal was ruled UNCONSTITUTIONAL as a prohibited “direct” benefit to private schools.
Election Day Countdown (as of 03/11/2024):
Saturday, March 16th @ Noon – 5 days (SC Filing Opens)
Monday, April 1st @ Noon – 21 days (SC Filing Closes)
Tuesday, June 11th, 2024 – 92 days (SC Primaries)
Tuesday, Nov. 5th, 2024 – 239 (ELECTION DAY)
Send us your opinion on this great debate … and how you would like to see it solved … by hitting REPLY or emailing us at team@mySCGOP.com.
HAVE AN OPINION?
Have an opinion? Different or in agreement? About the above or something else? If so, speak up as we want to hear from you! Send your letters to team@mySCGOP.com and we will be happy to share it with our readers. #SaveSouthCarolina!
We have seen A LOT of “Call To Action” alerts going out on social media and via email about defeating H5164 as it includes homeschoolers in the 100% Government Run ESA Program (aka ESTF Program).
Well … that is nice … but realize if we simply get the home school provision removed … THAT IS NOT A VICTORY!!!
If H5164 … the 100% government run school choice program is bad for homeschoolers … it is equally as bad for ALL K-12 education … that includes Private & Christian Schools as well. Right?
It may feel like an “easy” win to remove homeschoolers from H5164 … heck the uniparty may have included homeschoolers just as a “red herring” to give grassroots a perceived (yet fake) win if legislators do ultimately remove homeschoolers.
Stand up for ALL kids … oppose H5164 for the right reasons … for ALL the reasons. Don’t miss the big picture in order to “feel good” about a fake win.
We don’t want 100% government control of our education system … PERIOD!!! 100% government control is the problem … not just the fact homeschoolers are included in this v02 of SC Superintendent Ellen Weaver & her monied special interest (i.e., ClassWallet) ESA / ESTF Program.
#LearnTheirTRICKS!
#FollowTheMONEY!
– PASS S285 –
PASS S285: Whether some folks like it or not … the “only” solution to fighting back against 100% government run school choice is for the SC House of Representatives to pass S285 (HERE). The SC Senate has already passed it … we are just waiting for the SC House to DO SOMETHING … to pass S285 as-is, with not changes … and send it straight to the Governor for signing!!!
The (P)ACE Tax Credit Scholarship Bill is the grandaddy of school choice in our nation … and it is the “only” school program designed to FIGHT BACK against government overreach into our private schools & homeschoolers. Wouldn’t that be a good thing for SC Patriots to have on their side fighting government overreach everywhere?
Why else do you think SC House Legislators on both sides are trying to defeat it? 😉
DEFINITION: red herring (noun), something intended to distract attention from the real problem.
Saturday, March 16th @ Noon – 8 days (SC Filing Opens)
Monday, April 1st @ Noon – 24 days (SC Filing Closes)
Tuesday, June 11th, 2024 – 95 days (SC Primaries)
Tuesday, Nov. 5th, 2024 – 242 (ELECTION DAY)
Send us your opinion on this great debate … and how you would like to see it solved … by hitting REPLY or emailing us at team@mySCGOP.com.
HAVE AN OPINION?
Have an opinion? Different or in agreement? About the above or something else? If so, speak up as we want to hear from you! Send your letters to team@mySCGOP.com and we will be happy to share it with our readers. #SaveSouthCarolina!
As expected, President DONALD TRUMP had a swath or crushing victories in yesterday’s SUPER TUESDAY primaries.
Haley did however win one state … VERMONT … home of Socialist US Senator Bernie Sanders. Like her victory over the weekend in Washington, DC … it’s nothing to be super proud of (HERE).
Nikki Haley’s Campaign went “dark” for hours last night … and this morning they announced she will be suspending her campaign today at 10AM.
Saturday, March 16th @ Noon – 10 days (SC Filing Opens)
Monday, April 1st @ Noon – 26 days (SC Filing Closes)
Tuesday, June 11th, 2024 – 97 days (SC Primaries)
Tuesday, Nov. 5th, 2024 – 244 (ELECTION DAY)
Send us your opinion on this great debate … and how you would like to see it solved … by hitting REPLY or emailing us at team@mySCGOP.com.
HAVE AN OPINION?
Have an opinion? Different or in agreement? About the above or something else? If so, speak up as we want to hear from you! Send your letters to team@mySCGOP.com and we will be happy to share it with our readers. #SaveSouthCarolina!
TRICK #1 – “Red Meat” for the Republican Base: We have seen this “show” numerous times. The SC House establishment will put up a “red meat” bill (i.e., appeals to the Republican base) which likely has ZERO chance of going anywhere in the Senate … but establishment SC House members / leadership can CAMPAIGN on passing some real conservative legislation and point the finger at the SC Senate. It has been done over and over and over through the years … and they did it again last Wednesday with a faux “Universal School Choice” bill, H5164.
Don’t buy it … if they really cared about “school choice”, they would have passed the $55 MILLION (P)ACE Scholarship Bill … S285 … the “real” school choice bill which has been sitting in the SC House Ways & Means Committee since March 28th, 2023 after the SC Senate set it for SPECIAL ORDER and passed it 28 to 9. (HERE)
TRICK #2 – Not all “school choice” is the same: There is 100% government run school choice like the ESA / H5164 … which is bad … and there is free market school choice which is run by independent conservative non-profits with NO GOVERNMENT STRINGS ATTACHED.
When anyone tells you about a “school choice” bill you FIRST question needs to be “who” administers the program? If it is the GOVERNMENT who administers the program … be it the SC State Department of Education … or worse, the SC Department of Revenue … the bill is BAD!!!
Don’t be lazy and say “I just want school choice, I don’t really care what it is.” There is a massive difference short-term and long-term between 100% government run / strings attached ESAs like H5164 … and “real” free-market school choice Tax Credit Scholarships like S285.
TRICK #3 – Fast-tracked Committee Hearings: Well, H5164 was filed out of the blue on Wednesday, February 28th … and it already has a scheduled House Sub-Committee Hearing scheduled for Tuesday, March 5th (TODAY!!!) … and a Full Committee Hearing scheduled for Wednesday, March 6th.
Seem a little “pre-planned“??? 😉
TRICK #4 – Everybody supports the bill!!!: Yes, this is when you know there is a real problem and the fix is in. Remember SC First STEPS … another 100% supported, 100% government run leftist program passed in the dark of the night with lightening speed (HERE).
Well guess what … “everybody” supports this 100% Government Run “universal school choice” bill … and when we say everybody, that means SC HOUSE LEADERSHIP and the SC FREEDOM CAUCUS.
Ask yourself … why is the SC House Freedom Caucus supporting a 100% government run anything???
Rep. Adam Morgan & Speaker Smith support H5164? Hmmm …
Why SCFC Supports 100% Gov’t Run Private School Choice?
Folks tell us all the time that it makes no sense that the SC Freedom Caucus would support 100% Government Run ESAs … it is the complete OPPOSITE of what they preach. Well, that is true … “freedom” is not 100% government run.
But the SCFC does support 100% government run school choice … so what gives?
It is real simple … MONEY!!!
SCFC Chairman & 4th Congressional District Candidate Rep. Adam Morgan’s (HERE) family owns an EDUCATIONAL CONSULTING FIRM called Palmetto Fortis (HERE) … and SCFC members Rep. Alan Morgan (HERE & HERE) and Rep. Josiah Magnuson (HERE& HERE) both work there.
As we have shown you before, this ESA program means HUNDREDS OF MILLIONS to monied special interests (HERE) … it hasn’t even started and $4.2 million has already been awarded to just one vendor, ClassWallet (HERE).
Connect the dots friends …
MAJOR CONFLICTS OF INTEREST???: Well, these are the questions we have been asking the Morgans and the SC Freedom Caucus up here in Greenville for well over two years with NO ANSWERS. And it is the reason the SC Freedom Caucus has been working with Drew McKissick supporting these “splinter groups” in places like LEXINGTON & Greenville … they don’t want us asking these questions or telling you the backstory.
Think about it … if there was nothing “wrong” going on, wouldn’t the Morgans and the SC Freedom Caucus be willing to discuss the matter???
Lawyer Legislators may be making MILLIONS off of their “special gigs” … but they are not the only ones at the SC State House shaking down taxpayers for their own personal financial benefit.
Saturday, March 16th @ Noon – 11 days (SC Filing Opens)
Monday, April 1st @ Noon – 27 days (SC Filing Closes)
Tuesday, June 11th, 2024 – 98 days (SC Primaries)
Tuesday, Nov. 5th, 2024 – 245 (ELECTION DAY)
Send us your opinion on this great debate … and how you would like to see it solved … by hitting REPLY or emailing us at team@mySCGOP.com.
HAVE AN OPINION?
Have an opinion? Different or in agreement? About the above or something else? If so, speak up as we want to hear from you! Send your letters to team@mySCGOP.com and we will be happy to share it with our readers. #SaveSouthCarolina!
No … wining Washington, DC is nothing to be proud of … whatsoever!!!
But that is what Nikki Haley did over the weekend … winning Washington, DC by 1,274 votes to TRUMP’s 676. TRUMP however cleaned up in Missouri, Idaho and the Michigan Caucuses over the weekend … places where you want to win (as opposed to the SWAMP … Washington, DC).
What we found most interesting however were two quotes …
The first quote came out of the mouth of the Washington DC Republican Party (www.dcgop.com) Chairman Patrick Mara (HERE & HERE) who told Politico “This universe is a little more sophisticated than just about any universe in any other state”. SAY WHAT!?!?!? Chairman Mara continued on stating “I listen to the political podcasts in the morning. I read the newsletters throughout the day. That’s probably, like, half the people showing up at this.” (Politico – HERE).
Does this guy have any self awareness???
The second quote which gets into the political / mental / media manipulation … the Yahoo!News Chief National Correspondent Jon Ward called Washington, DC a state (HERE) … specifically stating Nikki Haley “won her first state in the nominating cycle with a victory in Sunday’s Washington, D.C., primaries.“
Tuesday, March 5th, 2024 – TOMORROW (Super Tuesday)
Saturday, March 16th @ Noon – 12 days (SC Filing Opens)
Monday, April 1st @ Noon – 28 days (SC Filing Closes)
Tuesday, June 11th, 2024 – 99 days (SC Primaries)
Tuesday, Nov. 5th, 2024 – 246 (ELECTION DAY)
Send us your opinion on this great debate … and how you would like to see it solved … by hitting REPLY or emailing us at team@mySCGOP.com.
HAVE AN OPINION?
Have an opinion? Different or in agreement? About the above or something else? If so, speak up as we want to hear from you! Send your letters to team@mySCGOP.com and we will be happy to share it with our readers. #SaveSouthCarolina!
