I was predisposed to take Marc’s side in this War. I was the first to comment on the call to arms by Ken at Popehat that made everyone aware of the War, where I wrote:
Now I feel like kind of a schmuck for kind of making fun of everybody for praising Marco in my own post praising him.
In the post I was referring to in my comment, I had written of Marc:
I’ve never detected from him a whiff of the fondness for circle-jerking and (yes, of course, constitutionally-protected, thank God and Marco) internet-mobbing that characterizes to a greater or lesser extent many of his fans.
In line with that predisposition and in deference to Ken, whom I respect and admire as a principled blogger and lawyer whom I believe does what he believes is right, and who had asked his readers not to link to marcrandazza.com, the site from which Crystal Cox is waging her side of this War, I had refrained from doing so, up until my last post.
Now I can’t be so sure.
Here’s the thing. Marc Randazza wrote this in a comment on a subsequent post about the War by Ken at Popehat:
I am . . . not pleased to see that she’s going to take this to the 9th Circuit. [In a comment on Ken’s earlier post, Marc had written: “If this thing goes to the 9th Circuit, I’m afraid it will be an ego trip and not a real desire to clean up the state of the law.”] She’s not about free speech, she’s about ego and insanity. I find it unfortunate that EV [the attorney who is now representing her on appeal] can’t convince her not to appeal. Naturally, if she’s going to appeal, I’d rather someone like EV handle the appeal than let her go pro se and fuck everything up worse than she did in the trial court.
I would think that if EV thought CC shouldn’t appeal and had tried to convince her not to appeal he wouldn’t be representing her on appeal pro bono. Seems he would have clarified what he was agreeing to do before entering his appearance in the case. I don’t think EV is being dragged kicking and screaming up to the Ninth Circuit by CC’s ego and insanity.
I am certain that EV is not being “Dragged” to the 9th. But, here’s what I think:
EV knows, or should know, that the likely outcome of this appeal will not be good for anyone.
EV tells Cox that, and says “you should not appeal.”
Cox says “I’m GoInG tO aPpeal anyHOW!”
EV says “shit, if you’re going to appeal in your own batshit crazy way, I need to go along to make sure that you smear as little shit on the walls as possible. The frigging mess you made at the trial level was bad enough. If I am there, at least I can limit the damage.”
That’s the only scenario that makes sense to me.
But then, there’s this interview, the context of which Crystal Cox describes at her site, and in which she says, “If I do appeal I will appeal with an attorney”:
Then, Crystal posts at her site a lengthy chronology of events leading up to the War along with a bunch of emails, including an email Crystal sent to both Marc and EV which includes this:
[EV] spoke highly of you and even recommended you, thing is I will not speak with anyone on this from the law aspect expect [EV], if he can’t represent me, I will not appeal.
. . .
So Just wanted you to know a bit why, and confirm, Marc Randazza does NOT represent me in ANY way. [EV] represents me, and if he can’t then so be it, I will leave that in the hands of the Great Spirit. I will not lose my voice, my dignity, and respect in this. I know my Truth though many others are trashing me, I know my truth.
. . .
I do not want to sit down and shut up, I do not want a back seat in this, though I dont want to interfere or tell an attorney whats best, thing is I know the clerks, the case, the documents and I just want respect for what I have done and not told I messed up.
The only thing about this War I’m relatively sure of now is that this War, like all Wars, is exceedingly ill-advised and exceedingly unfortunate.