August 10 and 11, 2012 – Fall is coming

Countdown to General Election: 86 days; 21 hours; 27 minutes

I came home after work on Friday, August 10 and fell deeply asleep.  I slept from 6:00 until 10:00 PM, jerking about the bed, engrossed in vivid dreams, which I no longer remember.

(I am beginning to wonder whether, I dream more often than I think I do.  Or maybe the dreams are just a result of the campaign?  I do not know.)

When I woke at 10:00 PM on August 10 the light was gone, but the day was not over.

I turned on my laptop which rests on my bedside table.  I had moved up to 12.61% of the vote (not that this matters), which was a little more than 114,000 votes.

I was hungry.  I went downstairs to get something to eat.

Dottie followed me, apparently hungry too.  I fed us both and we returned to bed.  I turned off my light intending to return to my dream filled slumber when I heard the noise my phone makes when someone texts me.

“Are you up?”

I texted back:  “Yes”.

“Can I call you?”  I answered:  “Sure”.

The phone vibrated, and then started to ring.  I answered:  “Hello”.

As those who have followed this blog know, neither my Dad nor I have practiced domestic relations law since his convincing a couple to stay together had disastrous consequences.  The problem was a separated Dad was trying to use his four year son in a game of emotional chess with the boy’s mother, the friend who called me.  In the beginning of our conversation, we considered limited options.  Each was based on how to get the son back that night and how to handle the trade off in what obviously would be an emotional encounter.  Should the police be called in?  Should Mom try to handle the late night encounter with her husband and son herself?

As we talked we realized there was another route, which would change the impending dynamics.  Mom would call and say:  “It is late.  Why don’t you keep Perseus (not the real name) tonight.  I’ll pick him up tomorrow.”  The only reason we considered this path was because Mom knew the Ex, a womanizer, who was working long hours doing manual labor for little pay, really did not want the boy.  He wanted to mess with Mom.  By letting go for the evening the most likely result would be the Ex would be forced to take care of Perseus for the night and realize that Mom was not going to respond to the bait.

After we hung up, I turned off my light again.  Five minutes later I knew I could not sleep.  I grabbed for the computer again and began down the familiar path:  email, MSNBC, Newsvine, the Daily Beast, Facebook.  Only Facebook was really new.  The product of my campaign.  I thought about looking at the Secretary of State’s campaign figures again.  I laughed at myself for thinking about doing that.  Then, I turned off the light.

To make a long story short, I did not fall asleep quickly.  I drifted in and out of a sleep state that felt like I was not sleeping until reality became nothingness.  I bounced awake at 5:00 AM and decided to begin my day.  I revised my blog.  I quickly became disinterested in this and thought about Washington Constitution Article 1, Section 19.  It states:

All Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Hmmmmmmmm.  In all other Washington elections don’t the top two candidates in the primaries pass on to the general election?  I looked up some case law.

About 6:30 AM I went over to my friends Richard and Kay who live below the mountain on the river.  I’ve known Richard since I moved to Seattle in 1976.  He is a Captain.  Has always been a Captain since I have known him.  Now his work is more about the business of boats.  He no longer runs them as a Master.

I figured Richard might be up.  He was like me.  Sometimes, often, we got up early to begin our day.

Tye and Emma were outside the front door.  Tye, who did not understand the constraints imposed by the yard upon his freedom, was tied to the porch.  Emma, who stayed within the yard, was not chained.  I knew these two good sized dogs would be a formidable obstacle to an intruder, but I called their names and petted them as Dottie pranced around.

I sheepishly rang the door bell.   I did not hear a sound.  I thought about whether I should knock; then did.  Not an overly loud knock.  And then I paced up and down their long porch, which ran the length of three quarters of their house on the non-river side entryway.  I was about ready to leave, when Richard in pajamas opened the door.  “What time is it?” he asked.

I answered: “Sun’s up”.  Richard said, “Want some coffee?”.  I walked into their home.  He asked me if the election results were in.  “No, but I got 12.61% of the votes.”  “So, you didn’t win?”  “Nope, but that’s cool.  I got some other ideas how we can get rid of unpublished decisions.”  Richard gave me one of those “this is too early for that” looks and poured me a cup of coffee.

We moved toward the side of the house with the river view.  He and Kay had gone to the Festival of the River at Jordan Park off Jordan Road last night and listened to the Dave Mason Band.  Richard said there was a chill in the air.  “It feels like fall is coming”.  I agreed.

We talked about the housing market.  Richard thinks it is improving.  I told him I did not think so.  I told him I thought there would be a wave of foreclosures after the election and the people needed to inform their government that this was unacceptable.  We both bitched about Citibank’s program to take the deeds to peoples’ homes and rent their own property back to them.  Banks as landlords; how totally uncool and despicable.

Before our conversation could degenerate to a discussion regarding the status of the country in general, Richard’s other half Kay (beautiful Kay), entered the room.   She was also in her pajamas.  “You’re up early,” she said.

“Yeah, I couldn’t sleep.”

We all talked for a while longer.  Then Dottie and I went to the office, where I worked and she slept until we began to run those errands necessary daily existence.  I got back to the house about 1:30 PM and was ready for a nap.  As I lay down on my bed the phone rang.  It was Larry and he was accepting my invitation to watch the Perseid meteor shower (that he had declined yesterday) at my place tonight.  He Gary, and Constantin would show up around 7:00 PM.

They actually showed up at 5:00 PM while I was writing this blog.  We all went down to the garden to survey the bounty.  We grabbed vegetables for dinner and then drove to the IGA in Granite Falls to buy the remaining parts of “whatever we decide at the store to eat” feast.

They are working in the kitchen now as I finish my blog.

Virginia and I are planning a contest for school and college aged persons to write essays on “how the common law is different from other law?” and “whether common law can exist if an appellate court has discretion to make only some of its decisions precedential?”  The winner will receive a monetary prize.


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About Scott . Stafne

Mr. Stafne is very experienced in property rights, including banking wrongs and foreclosure prevention; Constitutional Law (under the United States and Washington State Constitution); Appellate law; land use law; personal injury law. Scott has recently become a media focal point as his win record of foreclosure defense cases against the largest financial institutions, servicers, trustees as well as MERS have blazed the trail toward ending the foreclosure crisis and representing the rights of the homeowner above the profits and secret dealings of corporations.   Scott sees law as a foundation for establishing a system of twenty first century liberties for the people; and for removing that corruption of power within our government which makes the achievement of real purpose beholden to only money.   Scott Stafne has been an attorney since graduating from the University of Iowa in 1974. He worked for a large law firm in Indianapolis (Baker & Daniels) for two years. Thereafter, he moved to Seattle Washington in order to obtain a Masters of Law degree from the University of Washington, which he obtained in 1977. Scott practiced law while going to graduate school and has practiced ever since.   This is a personal blog, and does not constitute legal advice in any form, and is not necessarily reflective of the policies or opinions of Stafne Law Firm. Visit the Law Firm: Visit the Google+ Page: Visit the Facebook Page:   *Web Developer: David J. Posel
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