At times like this, we don’t know whether to laugh or cry. Lawyer Paul M. Davis was fired from his job as Associate General Counsel after appearing at the assault on the Capitol on Jan. 6. I wrote about his firing here. On Jan. 18, he filed a lawsuit arguing that every member of Congress and the President hold their offices unlawfully. All the politicians were elected in procedures which violated the Help America Vote Act. The HAVA act helped state governments improve their voting systems. Passed in 2002, it also required that elections make provisions for voters with disabilities.
Mr. Davis filed his lawsuit against Mark Zuckerberg and every member of Congress. His original federal Complaint appears here. He has since filed some seven additional pleadings, including a request for a temporary injunction. In one of his pleadings, he cited The Lord of the Rings trilogy. He argued that like Gondor, the current government lacks a true king… err.. President. Of course, that analogy prompted the wiseacres at Above the Law blog to point out the ways in which a Gondor comparison does not apply. See Above the Law post here. This is all quite esoteric. But, ATL is quite correct. In the book, the Gondor king never “abandoned” his throne. The last king simply died without an heir.
Mr. Davis then responded with a new filing in his lawsuit, apparently to rebut ATL’s criticisms. This has all occurred before the named Defendants have even appeared in the lawsuit. In his most recent pleading, Mr. Davis explained that someone stuck bundles of wood and trash in his sewer pipe, forcing massive overflow inside his house. He explains that he is sleep deprived. He mentions in one footnote:
“Indeed, it is now 5:21 a.m. and counsel has not slept in an attempt to get more reasonable relief in front of the court prior to the court opening at 9 a.m.”
His pleadings do not include an address or phone number for his office. Indeed, his signature block includes such commentary as “Former Associate General Counsel” and “Terminated after peacefully protesting, Now Solo Civil Rights Attorney.” We can only assume that he is under much stress.
See ABA Bar Journal report here.
According to the ABA Bar Journal, Judge Alan Albright has indicated he may dismiss the lawsuit for failure to state a claim. Mr. Davis, we think, needs some sleep and, perhaps some counseling. This whole episode of assaulting the Capitol has not brought out the best in folks.