How Goldsmith tries the Filner case on TV

Tosses about words like "sociopathic," "lack of conscience."

KUSI interview

City Attorney Jan Goldsmith, a bitter enemy of Mayor Bob Filner, is fishing about for a pretext for getting a restraining order against Filner.

He may try the "hostile workplace" charge that is arising from the sexual harassment accusations.

And/or he may try to find a so-called financial charge -- say, misuse of city funds tied to credit card expenses (which at this point are an embarrassingly small sum, and probably explained by the tumult in the mayor's office.)

Yesterday (Aug. 16) on CNN, Goldsmith was asked by a reporter about the "little used section [in local law] about firing city officers for unauthorized use of city money." The previous part of the discussion had focused on so-caled sexual harassment charges.

Goldsmith replied: "Somebody is so brazen and abusive in personal [matters], often, often that translates into the same type of conduct in financial affairs."

Has Goldsmith, rather than Filner, gone into the abyss?

In an earlier interview with KUSI, Goldsmith spoke of Filner's "sociopathic characteristics" and "lack of conscience."

More like this:


Taking an adversarial role against the Mayor is a conflict of interest in my opinion. A recall campaign should be started at once.

Diogenes: Of course. The city attorney is supposed to be just that -- an attorney.

Since Filner has not had due process, Goldsmith should keep his mouth shut. But he is probably already running for mayor -- ergo, wants all the TV exposure he can get.

I agree: a Recall Goldsmith campaign should start immediately. Best, Don Bauder

State Bar of California 1 (800) 800-843-9053.

Diogenes: There it is...a phone number.

One thing is important to add. Goldsmith seems so piously indignant on TV. But to my knowledge, there is nothing in Filner's past remotely similar to the charges against Goldsmith.

In 1986, Goldsmith's wife, Christine, filed for divorce. In a document dated April 15 of that year, she stated that Goldsmith "began yelling and screaming at me in obviously uncontrolled anger."

She went on, "He then gave me a hard shove to the chest and cocked his fist in an extremely threatening manner. All of this appeared in front of the children, causing them to be extremely upset and telling their father not to hit their mother."

She continued, "He began throwing items off the kitchen counter in his continuing rage. I could not leave at that time without further aggravating the situation and exposing myself to further harm."

The following day, she slept at her sister's house with the children. "I am afraid to go back to the house....the Respondent [Goldsmith] is still there as I feel his anger may once again get the best of him, and he may, in fact, cause physical danger to myself and irreparable harm to both myself and our minor children."

They later reconciled.

As you hear Goldsmith fulminating against Filner, compare this complaint with the complaints against the mayor.

Best, Don Bauder

Really keep on bringing this up. Too bad it's from ....what .... 27...that's right twenty-seven years ago. In today's culture that's ancient history. Especially since nothing happening since. Not to even mention, as you mentioned they reconciled. Talk about grasping at straws. It doesn't come close to the behavior of the Mayor's "monster"; even going after volunteer great-grandmother or his newest fiscal transgressions.

JW: That's your opinion, and you are entitled to it. Best, Don Bauder

Don: I hope you are wrong about Goldsmith running for mayor. He was a lightweight as a judge and is following true to form as City Attorney. He is proof positive for the maxim that the world is run by C minus students. I can't imagine anyone less qualified to lead our city.

oldnative1953: Murphy was a lightweight as a judge, too. How much does the public know about judges' performances? Best, Don Bauder

Don: You are correct in concluding that the public has little or no information about judges' performances. Only practicing attorneys and others connected to the legal system would have knowledge of a particular judge's performance on the bench. The members of the San Diego Bar Association certainly would know, however, that old boys (and girls now) club aren't going to share information that might hurt a fellow member of that cabal.

I just read that Goldsmith is saying that the law that requires signature gatherers to be registered to vote in the city of San Diego will not be enforced:

How is that legal? Must be nice to be a city attorney to only enforce laws that are convenient for your personal vendetta.

That is interesting. I wonder if it conflicts with any state or county rules.

The article says:

"Similar provisions elsewhere were struck down by the U.S. Supreme Court, and the city of San Diego removed them from its code for initiatives and referenda, but kept them on the books for recalls, according to Deputy District Attorney Sharon Spivak."

Which I don't understand. If you can't legally vote on a recall or initiative, or sign the petition if you're not a legal voter, how can you be allowed to collect signatures? Even setting the politics of the recall aside, it seems this law (or lack of one) could lead to a lot of abuses.

KayL: How many people who are signature gatherers vote anyway? Best, Don Bauder

I'm with you on this one, Diogenes. More political action and less medical and legal opinionating.

monaghan: Goldsmith, Allred and others are trying the case in the media. And the San Diego media aren't diligent (or intelligent) enough to ask tough questions about this strategy. It's pathetic. Best, Don Bauder

The less you ask, the less you learn, the less you are held accountable for not "knowing."

monaghan: Can't go against the boss's prejudices if you don't ask questions. Best, Don Bauder

What about the $100,000 Sunroad payment? It allegedly came IN illegally as a bribe to Filner, but was paid OUT to two nonprofit groups. Those dirty bucks weren't small potatoes, like the credit card amounts. Progressive Democratic public officials with noble intentions must still operate ethically and above board. One shouldn't get a free ride just because he fights against the downtown corporate welfare crowd. Two wrongs don't make a right.

We have wanted Sunroad investigated for years, We still do. I believe I speak for the consensus on this blog.

Psycholizard: The real Sunroad investigation should have been done over that building that was too high considering its airport propinquity. Sanders, who had received donations from Sunroad's owner, stood up for the company. The U-T smeared Aguirre even though he was the one doing the right thing. I agree that a broad investigation of Sunroad's history is in order. Best, Don Bauder

So many silver linings revealing themselves as glimmers out of this concocted fiasco.

Please Don, citizens of San Diego, officials who still have integrity. . . .don't let go and LET IT SHINE! At the end, all this will then have been worth something real.

vitalinfo: Sunshine is the best disinfectant. It is urgently necessary to let this continue so San Diegans can know how the various government agencies did their plotting of the coup, whose money was behind all this, who got paid off, etc. Best, Don Baudeer

dwbat: I don't believe that anyone can make a case that the Sunroad $100,000 was ever any kind of bribe to Filner. Best, Don Bauder

The only fraud was made by the City Council and City Attorney actions to give away the 2 public Park Easements for free.

Agreed. The whole Sunroad Master Plan should be investigated for conformance with the Municipal Code, City Charter, Council Policies, etc.

However Section 108 cannot be used on City Council and City Attorney because giving away the farm for free to private interest does not authorize funds to be transferred out of the treasury.

Didn't the mayor initially veto the proposal, only to encourage the city council to override his veto? Why would Filner have done that? Oh, and add me to list of people saying that Sunroad should have been investigated long ago.

The Mayoral Veto still stands. The mayor never took back his Veto.

The City Council already stated they would Override the Mayoral Veto Unanimously.

The mayoral veto was not against Sunroad, or the City Council and City Attorney giving away the two Public Park Easements for free through fraud and purposeful misinterpretation of City Council Policy.

Instead the Veto was to stop the illegal act of the City Council and City Attorney usurping the Powers of the Strong Mayor Form of Government. By bypassing the Office of the Mayor and the Real Estate Assets Department (READ) and DSD under his control.

Didn't Filner encourage the city council to override the veto? What did the mayor's office know about the $100k payment?

laplayaheritage: Interesting interpretation. Best, Don Bauder

The interpretation came from the May 16, 2013 Mayoral Veto and Testimony of Deputy Chief of Staff Allen Jones at the June 11, 2013 City Council Hearing for Item 332.

AJ. "Chief of staff. This is an issue that the mayor vetoed on the grounds that the charter be informed by the administrators when taking action. The charter which the mayor expressed in his veto message is still in our position which is the way it should be conducted and the executive powers by the legislative branches. However we are supporting the over ride of the veto today because there is a potential for severe complication in the recording of this particular easement if the veto is not over ridden. It's still in the position of the mayor. We ask that you override the veto so it does not in anyway in nen -- this veto...

It was also our position that the veto message makes clear the mayor's position be made. We don't want this applicant to bear any complication as a result of what we saw as an inappropriate process."

I hereby veto Resolution 2013-585 Waiving Council Policy 700-006 and Accepting an Easement Along the Property Lines of Centrum Park for two reasons.

First and foremost, this Resolution was brought before the Council without any consultation with or input from the City's administrative staff. Consequently, the City's own expertise on land use matters was entirely bypassed resulting in an unfortunately uninformed decision. A bad record makes for bad policy.

Second, making certain factual findings without the benefit of staff's expertise and then directing the Park and Recreation Department to accept an easement based on those findings is an infringement on the administrative authority of the Executive Branch of the Mayor-Council form of government.

The Charter specifically provides: The [Mayor] and all non-managerial officers of the City shall inform the Council of all material facts or significant developments relating to all matters under the jurisdiction of the Council as provided under this Charter except as may be otherwise controlled by the laws and regulations of the United States or the State of California.

Under this Charter section, the Mayor and the departments have an affirmative legal duty to inform the Council's consideration of all matters under the Council's jurisdiction. Further, under the Charter, the Mayor supervises the City's administrative affairs, which in this case would have ensured that the land use planning staff fulfilled its duties to inform the Council's decision making...

By bypassing the input of the Mayoral departments on the matters set forth in Resolution 2013-585, the Council has usurped this constitutional authority and duty to the citizens of San Diego."

David Crossley: I know the mayor initially vetoed the proposal. I believe -- but don't remember very well -- that he then wanted his own veto overridden.

If he did so, why? Good question. To me, if bucks didn't go in his pocket, it is a civil matter -- not remotely criminal.

But the U.S. Attorney may be getting pressure from Washington DC -- Feinstein, Pelosi, Boxer, et al, ad nauseam. And, of course, the U.S. Attorney may be colluding with state and local law enforcement agencies to find something -- anything -- to do Filner in. Best, Don Bauder

la playa heritage: The alleged fraud by the council and city attorney should come under a microscope. Best, Don Bauder

My understanding is that the Mayor returned the Sunroad checks uncashed.

He did. What else could he do with them at that point? Cash them? Even Filner isn't that dumb.

David Crossley: I can assure you, Filner is not dumb. He may have weaknesses and blindnesses, but dumb he is not. Best, Don Bauder

Don: Off topic reply--I guess "Aardvark" is dead--my real name has magically started appearing. Guess I can't hide behind an ant-eating creature anymore. Oh well.

Aardvark is dead? Have you given him a proper funeral?

Yankeedoodle: I didn't even notice the change until today. Perhaps I can resurrect the critter. EDIT--IT'S A MIRACLE!! Aardvark has come back from the dead!

Burwell: There is no evidence to my knowledge that any of this went into Filner's pocket -- or anybody's pocket, for that matter.

That's one of several reasons why this is not a criminal matter, at least regarding Filner. Best, Don Bauder

Don, it's bad enough that Goldsmith was part of the corrupt judicial system that let Hedgecock go free by overthrowing two jury verdicts of guilty.

Now Goldsmith is Manchester's lapdog.

We keep repeating historical failures clear back to the Ancient Greeks when we learned about oligarchs like Manchester who hire sophists to do his bidding. Democracy failed back then and is in grave jeopardy again.

Anon92107: Good description of Goldsmith: Manchester's lapdog. Best, Don Bauder

RE: Goldsmith spoke of Filner's "sociopathic characteristics" and "lack of conscience." Even though an anti-Filner GOP city attorney made those statements, some Democrats would certainly agree with those descriptions.

dwbat: Some others involved in this lynching deserve the "sociopathic characteristics" and "lack of conscience" designations. Many if not most are Republicans. Best, Don Bauder

There are good and bad people in both political parties, and in business, law, accounting, banks, healthcare, etc.

dwbat: True. And you can emphasize the banks, now that Wall Street investment banks are part of commercial banks. Best, Don Bauder

monaghan: dwbat writes for the Reader. Do you suppose he is getting paid by the inch? Best, Don Bauder

The Bat writes for the Reader? This I did not know .....

KLoEditor: He revealed that on the blog. I asked him whether as a staffer he should be posting. He says it is OK. Best, Don Bauder

Even among giants, there are sometimes pygmies, and these doubtless get paid poorly and are frequently furloughed.

Yes, I do contribute to the Reader as a paid freelancer. But not for blogs. I write basic (some might say boring), Neighborhood News articles, not caustic opinionated pieces filled with Filner apologia, rumors, repetitious screed, sassy retorts, and unsubstantiated, accusative buzz words like "palace coup," "hysteria," "media lynching," etc. I exercise my right to express my objections, when another Reader writer domiciled in Colorado says: "Give 'em Hell, Bob; it's all a conspiracy against you."

Dweebat, you are good to come clean, even if tardily. I would defend to the death your right to express yourself here or anywhere.

Obviously, it gravels you that Bauder writes from fiery Colorado, but I can tell you there's nothing he's said about this civic crisis that I and many others haven't said repeatedly in letters to the press locally and around the country over the last month. If I got paid by the column-inch, I too would be rich now.

You may not agree, but this IS an unconscionable mass-lynching of an idealistic and good man and a disenfranchisement of every person who voted for Bob Filner last Fall. If it's not a "conspiracy" -- a word always used to discredit the very notion it represents -- it is an unprecedented mass-action by ganging up.

monaghan: Unless it can be shown that Filner does have some kind of mental/physical problem that brings on this alleged behavior, you are absolutely right: this is a lynching. Many San Diegans, including some occupying elected offices, have done worse things. (Of course, I consider financial fraud against taxpayers more significant than sexual harassment.) Best, Don Bauder

Who gets paid by the column-inch? Not me. I get $00000.00 when I comment here.

dwbat: As I recall, you said your name is David W. Batterson. I hope you continue to contribute. You help keep the dialogue going in an articulate way. I don't know whether the Reader has a rule against staffers posting under a pseudonym. Some in the blogging business say such a person can be called a "sock puppet." Best, Don Bauder

I'm not in the "blogging business" as I stated. I write straight news articles (2-3 a month), along with dozens of other Reader stringers. I think one thing we share in common is that we are independent thinkers.

dwbat: I respect those who disagree with me on this and other issues.

I do NOT respect hypocrites and those using intergovernmental, extra-legal tactics to oust a politician whose politics they do not like. Best, Don Bauder

Perhaps DINOs say things like this. If anything, Filner lives by his ideals about small-d democracy, fairness and justice.

monaghan: That's one of the things that incurred the wrath of the lynchers. Best, Don Bauder

Dwbat: I would not be among those Democrats. Based on his history as I understand it, including his months as mayor, in my opinion Filner is not lacking in the conscience department.

There is pending litigation against our Mayor. The City Attorney should not make public statements where he would render jurors unfit to hear the case in San Diego. His statements will require a costly change of venue and will greatly prejudice the case.

There are ethical rules which govern pre-trial statements which may be violated by lawyers who represent parties to litigation.

Lawyers may not represent conflicting interests.

Diogenes: True. Both Goldsmith and Allred are poisoning the atmosphere and the jury pool. Changes of venue are rare, but Goldsmith's TV appearances constitute a very good argument for one. Best, Don Bauder

To say nothing of general media frenzy and Gloria Allred's Fellini-esque televised appearance with the senior-greeter from the lobby of City Hall. (See "Amarcord.") Move any legal action to the Imperial Valley!

monaghan: Of course, if the intergovernmental, extra-legal coup succeeds, there may be no trial.

An argument for this going to trial is that San Diegans MUST know how this coup was planned, and by whom. Best, Don Bauder

Really - who'd a thought allegations means guilty at this stage In This Country. Hope he has a great team of lawyers. I'm gonna see what I can read about his record on women's issues. And what the H is wrong with Frye, really, working with Allred? She's gone to the other side, Does she need a job that bad or is it a brain tumor?

The oh, boo-hooing and tears at the press conference just because of a hostile work place allegation and "ramming of tongue."

None of us wants a hostile work environment based on sexism, but with all the starvation on the planet and death and suffering in wars, Frye should save the act for real tragedies.

Diogenes, indeed there is a hellaciously long list of crimes against humanity throughout the world that is overwhelming if not destroying our civilization.

Relative to never-ending crimes against women, on August 4 Professor Diane Winston of the USC Annenberg School for Communication & Journalism published an Opinion in the L.A. Times on “Pope Francis’ woman problem” where she documented some problems that women have relative to the church, but I submit that these problems actually go far beyond religion involving worldwide social and cultural failures.

Specifically, Prof. Winston states that far too many women around the world are “neglected, disenfranchised and marginalized” enabling “sexism, misogyny and exploitation” resulting in “global reverberations in unwanted pregnancies, female poverty and sexual slavery.”

This is the reality of what we are dealing with today, and Mayor Filner is just one more example of our never-ending cultural failure, in a male dominated world, to protect and respect women’s rights. We must not allow this to continue or the consequences of our legacy to our newest and future generations shall be totally unacceptable.

However, it must be recognized that Filner's brain-dead stupid acts against women have been enabled by many powerful women who looked the other way failing to fight for and protect women's rights themselves before Filner opened this Pandora's Box.

So I still hope your previous comment to Don’s “Palace coup? Filner could be locked out” post on Aug. 16, 2013 @ 10:01 a.m leads to a solution to the problem that the people of San Diego can accept without further destruction by the Manchester oligarchy.

Anon92107: What the conspirators want is Filner resigning under economic and legal pressure, no matter the veracity of the charges.

Then they want to bury the whole thing. But it must NOT be buried. San Diegans have a right to know how this intergovernmental extra-legal coup was planned and carried out. Best, Don Bauder

Diogenes: That is one of the tragedies of this. Filner fought all his life for the rights of minorities, women, the underfed. His harasser, Goldsmith, has been in the pockets of the aristocracy all his life.

Doubly tragic and ironic is that Goldsmith has been charged with violence against his wife -- in front of his children -- in a divorce filing. Goldsmith shoved and threatened her she sstated. To my knowledge, there has been no such charge against Filner. Best, Don Bauder

Don, thanks for your great investigative reporting. Indeed, the U-T is a cheap tabloid in comparison.

Manchester lusts after Murdoch's reputation for checkout stand tabloid quality that gave him so much political power in Great Britain. That's why the U-T Editorial Board is now infamous for their deranged rant style that is astoundingly worse than the Copley style.

Manchester's Barbie Doll U-T TV and his Playboy parties are giving him quite a reputation so it is no surprise that Goldsmith is one of his puppets, and that they are both at least as socially unacceptable as Filner. There are a lot of shattered glass houses.

shirleyberan: You are correct. You want to read Goldsmith's record on women's issues? The third post on this blog is from Diogenes. He gives a phone number.

Right under that post is the record of Goldsmith's violent behavior, threats against his wife, his egregious temper tantrums, etc.

Read it carefully. Then watch his piety on that KUSI interview again.Best, Don Bauder

The less said about instigator Donna Frye, the better. Like City Attorney Goldsmith who prosecuted a an Occupy chalker for protesting the policies of Bank of America, Donna Frye will never live this down.

monaghan: I believe that Donna was used in this. She may not realize it yet. Best, Don Bauder

My god, Don, what does it take? A two-by-four upside the head?

monaghan: I have not spoken to her at all since this began. We used to be very good friends. I hope we still are, but I don't know. Best, Don Bauder

monaghan: Yes, everyone has his/her own set of beliefs and predilections. (Oh yes, one of my afflictions is gout. Pills seem to keep it under control.) Best, Don Bauder

Diogenes Vivid picture - guided imagery, stupid mindless public, or maybe haven't spread enough hate lately.

shirleyberan: The hate is just beginning to spread. Best, Don Bauder

Hey Don - Do you think they want a new stadium downtown? I don't know where they're gonna try to put it or how the traffic problem would ever flow with all that's clogging it up now. But after that happens Mission Valley land can be filled with more crap, hotels, condos shopping malls... Not schools. Then When will the technology catch up with how the rest of the world Educates their young kids? We are way down the list of countries qualifying our kids for intelligent work to compete worldwide or even just jobs in Silicon Valley. We sell out our kids every time money goes to needless hysteria like this. Another generation lost to adult folly.

shirleyberan: The downtown corporate welfare crowd doesn't give a hoot about education.

In the sordid history of how redevelopment was kidnapped by the rich, it was education that was sacrificed for subsidized stadiums, hotels, etc. Best, Don Bauder

Goldsmith seems to be openly conspiring with Gloria Allred to raid the City Treasury to pay her for forcing Filner to resign. The scheme seems centered on getting Filner to speak under oath before plaintiff does. After plaintiff is deposed under oath, defendant usually has the option of moving straight away to contesting whether that that testimony proves sexual harassment, and what cash damages the court should award, without any evidence from defence. Because sexual harassment is difficult to prove, and narrowly defined, Filner might win the case anyway. The damages might be low also. Court costs would be minimized. Filner's apology suggests that not fighting the suit might be his plan from the start.

Setting aside all conspiracy theories, the notion of deposing defendant before plaintiff in this type of case seems bizarre on it's face. Obviously he would need to be deposed again later, once specifics are revealed. Goldsmith's attempt to force this from the defense side sabotages the defense case from within, and defrauds the City for cash and political gain.

Psycholizard: Don't be surprised by any ruse coming out of the city attorney's office. Best, Don Bauder

Whole curriculum is institutionally flawed. Who's gonna have the (finances) inspiration to help make the necessary changes when we have institutionalized insanity and mob mentality, sheep. Where' our great thinkers? Besides you, Don.

shirleyberan: Sorry, I don't qualify as a great thinker. Best, Don Bauder

But you sure qualify as the Reader's prince of pontification!

dwbat: You could have said pontiff of pontification. Best, Don Bauder

Dwbat said on another blog that he tried to make it in Hollywood as a writer in the entertainment industry, but a rope smoking habit got the better of him and he failed in that endeavor. After the rope, he says he ruined his health smoking cigarettes. He also wishes he'd become an officer in the army and earned a pension, as he's now retired and can't afford a car. Yet he comes to San Diego to retire, an area where the cost of living is 35% above the national average, to live in a trendy upscale area filled with hip, with it, artsy, people. I don't think dwbat thinks clearly about a lot of things. He could move to Las Vegas and rent a 2 bedroom apartment at one of Roger Hedgecock's 60 apartment buildings for $550 a month instead of living in the highest cost area of the country on a social security check. He and thousands like him are targeting North Park and demanding that developers raze houses and build apartments to keep rents within their price range. He says he'd like to see both sides of University Avenue bulldozed and filled with high rise apartments to lower rents. His presence in this city and that of tens of thousands like him, is leading to its destruction. He cannot afford to live and does not belong here. This is why dwbat opposes Bob Filner. Filner seeks to protect the neighborhoods from the economic pressures dwbat and other like him are using to destroy the city.

hahaha, that was amusing commentary. Those things I DID say about my past, and they are true. But my income is more than a social security check. I like San Diego, so that's why I'm here. It sure beats Vegas, Hollywood, Whittier, Portland, OR and other cities I've lived in. And to clarify, my opposition to Filner is his repugnant personal behavior, just like with most San Diegans.

Great, a tobacco and cannabis smoker chooses San Diego over Portland, Oregon for what reason exactly? It sounds to me like you have enough repugnant personal behaviors to preclude criticizing others. Plus, maybe this is how you lost your jobs elsewhere, by pushing the limits of rules of employment that probably tacitly preclude anonymous negative personal comment by you on other Reader writers' work.

Curb your amateur psychobabble. It's amusing that people who don't know me at all think that they do. You should have said ex-smoker. Also, it rains way too much in Portland, and winters are cold. And many Oregonians are insular, and don't like Californians. And my comments to Don were not anonymous; he knows who I am.

Psycholizard. I'm pretty sure he can postpone deposition till he's prepared.

shirleyberan: I believe Filner has good lawyers. I hope he has the money to pay them. Best, Don Bauder

Where is the Bob Filner Legal Defense Fund?

monaghan: That's the trouble with orchestrated hysteria: people are afraid to come forward in Filner's defense. Best, Don Bauder

And not give them anything to use against him when the shock wears off. Say little.

shirleyberan: Never mind the shock wearing off. We want time to sweep away the hysteria. Best, Don Bauder

shirleyberan: A Recall Goldsmith movement would be a good idea but public fatigue with this whole thing would work against it.

And most people would say, "Recall who??" Best, Don Bauder

Would it be wrong to wish for a mayor with some (I emphasize "some") of the qualities of Filner, and a city attorney similar to Mike Aguirre?

David Crossley: Such a person would understandably be reluctant to run. Look what happened to Aguirre and Filner.

Look how an election was stolen from Frye. Best, Don Bauder

You will never see a liberal populist mayor like Bob Filner again in your lifetime. Ditto for City Attorney Mike Aguirre.

monaghan: I fear something like that. Any populist would know he or she could be ruined, politically and financially. Best, Don Bauder

Maybe Irwin Jacobs should run for mayor. Another billionaire did that in NYC, and he's been pretty popular.

Now I get it: you're trying to make me emigrate to Canada. Actually, Bloomberg and Jacobs have a certain I-know-what's-good-for-you-so-let-me-handle-it attitude in common -- Stop and Frisk People of Color, Ration Big Gulps, Destroy Balboa Park to Save it -- and doubtless all come with specially designated reserved parking spaces wherever their philanthropy has been dropped onto the dimwitted populace.

monaghan: Jacobs might not want the public controversy that comes with being mayor. Best, Don Bauder

dwbat: That's a thought. Best, Don Bauder

And that is the real tragedy of all of this. San Diego will never get back out from the hands of the developers. We were given one chance and the media and billionaires will make sure it never happens again.

KayL: My fear is that this is exactly what is happening. The downtown corporate welfare crowd and the developers saw that Filner was serious -- he wanted to put the money in the neighborhoods and the infrastructure.

So they set out to destroy him. They knew he was vulnerable, and they took advantage of past alleged misbehavior. Stay tuned: there is more to come. Best, Don Bauder

Priority in discovery means that Gloria Allred can tie Bob Filner down to a set of facts before he knows exactly what everyone else will testify to. A judge can regulate the order, although Ms. Allred can serve a notice of taking deposition within.10 days of filing the complaint.

Women need workplace protection. Some men are harassed and sue. They shun publicity. I know of one man who was awarded one-million dollars here in San Diego.

I cannot judge the alleged victims in this case, but the issue is being used for political and economic purposes.

Think Kenneth Starr on steroids. Developers will profit the most, as intended.

Use of a chaperone will become mandatory for all politicians at all times. Seems a bit crazy to me.

Diogenes: I hope this order of priority cannot go into effect. Best, Don Bauder

Bob Filner likes powerful women, and powerful women often like powerful men. If put under oath Bob Filner would be asked if he had sex with each and every woman he worked with, that would include prominent political figures, that's certain. He's not celibate.

Psycholizard: He has been married a couple of times. I assume he can't take the vow of chastity. Best, Don Bauder

I think you, Psycholizard, really over-step in your statement here. Count me old-fashioned, but you don't know jack about Bob Filner's sexual status. Please spare us.

Let me be clear, I don't know what Filner did, I'm sure that Allred will ask, snakes will slither.

monaghan: I find it interesting that Filner allegedly tried to get 16 women interested in him. He seems to have struck out in all 16 cases. Best, Don Bauder

Trying to get one or 16 women "interested" usually takes some charm and artifice. Reportedly, charm and artifice were lacking. And besides, none of you know if the 16 cases are trumped-up or true, so why speculate like this? Ugh.

monaghan: Good point. But remember, I used the hedge word "allegedly." Best, Don Bauder

Wikipedia - says Jan Goldsmith spent his campaign donations on trips to Florida an Las Vegas (2012). What a hipocrite. (2013) Filner instructed police department to stop bothering marijuana dispensaries and not bring cases against them to City Attny Jan Goldsmith but they continued prosecutions anyway. Then there was the tourism agreement Filner wouldn't sign without pay raises for hotel workers and whatever, rather than spending a bunch of money on advertising for San Diego tourism, again making Goldsmith wet his pants.

shirleyberan: Tell us more about that Las Vegas trip. Best, Don Bauder

I don't think the State AG is going to be able to prosecute Filner for sexual assault. Filner's actions constitute at most sexual harassment subject to civil sanctions. Prosecuting Filner under the circumstances would result in a massive expansion of the definition of sexual assault. I think insurance companies and business groups are not going to want to expand the definition of sexual assault to include garden variety sexual harassment situations like Filner's because of the potential cost to business. While local business leaders may want Filner prosecuted, national business organizations are going to see the risks and put a stop to it.

Burwell: That is a very interesting observation. As I ponder it, it looks eminently sensible. Best, Don Bauder

When this deal first hit the fan, the polls say Filner only had 8% support. A few weeks later, his support reached 21%. His support is now approaching 40% and in a few weeks will likely be close to 50%, and he's made no attempt to really defend himself. I say the recall effort is headed for failure, and Goldsmith knows it. Goldsmith's last straw is to find a way to charge Filner with a crime and take him out that way.

What polls are you reading, Burwell? U-T? KPBS? VOSD? AFSCME? This is going to boil down to a legal shoot-out. Small local polls are crap.

monaghan: I agree: watch out for polls by blatantly biased media. Best, Don Bauder

Burwell: I have never seen those support numbers, although I don't question them, if you have seen them.

I think Filner is smart to lie low and keep his mouth shut. From a legal perspective, Goldsmith should do the same, but he is not capable of that. Best, Don Bauder

C'mon! Lawyers on both sides of a high profile case do like to talk. Nothing unusual about that, or illegal. It's de rigueur. And why would Goldsmith take legal advice to keep quiet from a non-lawyer blogger? That's plain silly.

dwbat: Yes, lawyers love publicity, so it happens -- and often backfires. Best, Don Bauder

Goldsmith's credit card plan is fatally flawed. Filner never submitted travel reports to the city and never claimed that the expenses he charged on the city card were city expenses. Therefore, it's going to be very difficult to charge him with embezzlement or theft since he never signed or submitted false documents to the city misrepresenting the expenses. Filner can end the credit card caper merely by writing a check to the city for the amount of the disputed expenses.

Burwell: I make it a point never to challenge your interpretations, because they are always right on the mark. Best, Don Bauder

Nobody is looking at Jerry Sander's three-month European vacation or trying to determine who paid his travel expenses. There are legal questions as to whether Sanders is required to disclose the source of the money if he didn't pay the cost out of his own pocket, even though the trip occurred after his term as mayor ended. Also, Juan Vargas took money from the Iranians to attend the same convention Filner did. Nobody is questioning Vargas about his travel.

I will grow ancient and infirm waiting for expense accounts of Juan Vargas or Jerry Sanders ever to be audited. But both these charlatans get to opine that Mayor Bob Filner should resign. Jerry Sanders was on KPBS yesterday describing the "harm" done to America's Finest City by the Filner lynching. It is par for the course in disgusting San Diego.

I gave you the phone number. Call them on Monday. They'll sent you the form. Make a dozen copies. If it unethical to try the case on TV, then you'll be the man.

This what they did to Aguirre and then claimed that he was "under in investigation."

A good faith complaint is absolutely privileged. They are there to preserve our justice system in order to assure a free and just society under law.

Go go Download the form.

They publish all ethics opinions for your covenience.

It is your civic duty. They cannot investigate this matter without a written complaint.

monaghan: I hear that KPBS thinks it can get a Pulitzer for its coverage. It should get a spanking, although it is appealing to its donor base. Best, Don Bauder

I am part of the KPBS donor base and it's good that nobody has appealed to me. I am not long for their donor rolls, I can tell you, after that reportorial Indian duo conducted those fake interviews with damsels, and the unprofessional over-eager salacious tone of Midday Edition with Maureen Cavanaugh and Mark Sauer's Editors Roundtable or whatever it's now called. They must be kidding about a Pulitzer: their forte is asking people for their old cars or a remembrance in your last will and testament.

I wonder if some people's fortes are having undisclosed flings with Reader journalists. But I digress.

Anyone who thinks KPBS wants a Pulitzer is the one who deserves a spanking. As a broadcast entity, it is not eligible.

Hey, look who's back...Dragiton ! How'd the truth serum treatment work out for you? Apparently, pretty well from this angle. To whit: "But I digress."

The phrase is: to wit (not "to whit").

Right, Randy. Don didn't check the Pulitzer Prize rules. Magazines are also ineligible. But VOSD does qualify, as a news site.

monaghan: Yes, this is quintessential San Diego. Nobody will look at or audit their expense accounts. They are friends of the lynchers. Best, Don Bauder

Burwell: I have said from the beginning that if anyone checks Sanders's travel expenses -- including his police guards -- the subject would probably be dropped.

Sanders traveled far and wide, and frequently. The kept press is silent on that. Best, Don Bauder

Don - Goldsmith gets very upset (crazy) when he doesn't get his own way, obviously. I have a brother like that, Superintendent Ed Brand of SouthBay Schools. You probably follow Susan Luzzaro's work exposing the corruption out there at the school board.

shirleyberan: Susan Luzzaro has done a great job on that story. Best, Don Bauder

Thank You Diogenes. We don't need any more prisons. Ha! Just want to keep the weird Democrat we've got right now, and send a message that Goldsmith and company can't grab power from a guy trying to help the public and the city. Might give Filner more confidence to make good decisions, regardless who he's up against. Hope he can keep Las Vegas strip clubs outta here to, if he has learned his lesson. We deserve better.

Evil men prosper when good men do nothing. That applies equally to Democrats and Republicans. Blogging raises consciousness and helps people organize and educate themselves, but it it time to take action.

Filner was a Freedom Rider. People got their heads busted. My people live in Montgomery and took part. There was separate but equal. I was there. Separate drinking fountains and restrooms when I was. a kid. Lately, they sent Governor Don Siegleman to prison for right years - Rove, et al. Still go to Dexter Square where MLK, Jr. preached and Rosa Parks took her ride in the front of the bus.

What did Goldsmith do? Cannot compare the two men. Filner would never repeat alleged behavior.

Diogenes: Yours is a poignant post. What did Goldsmith do while Filner was defending the weak? Goldsmith was sucking up to the rich. Best, Don Bauder

If you dig a little, you can find where Goldsmith took time off to be part of "the Romney legal team" when Romney was running for president. Was Goldsmith on vacation, or city time? Did Goldsmith use any city assets or resources during his support of Romney? Look at Goldsmith's Facebook page now and record the evidence. Goldsmith used his position, his power and his staff to help support a political candidate. Goldsmith, while working for the city of San Diego, managed to also be a "member of Romney's legal team."

Ponzi: One more reason why Romney lost. Best, Don Bauder

Now you're talking, Diogenes. I will get hold of the complaint form at first thing on Monday to register my belief (with various instances as evidence) that Allred and KPBS are trying the Mayor of San Diego on television and radio. Then I submit it. What happens after that? Does a filing with the State Bar damage any case being developed against the Mayor? What do they do with the complaint? Ignore it, put me on a Sheriff Gore watch list and send a drone over my patio?

monaghan: You are probably not only on Gore's hit/watch list, but also the lists of the AG, US Attorney, city attorney, ad nauseam. Best, Don Bauder

shirleyberan: If he had any idea of letting more Vegas strip clubs in, he should have dropped it by now. Best, Don Bauder

Let me be clear, my previous posts are meant to show examples of completely normal and healthy behavior that we might not want revealed in deposition. I don't know that the Mayor engaged in that behavior. I know the combined forces of law enforcement have been searching for someone who had sex with Filner and worked for him. They seem to have failed so far. They hope his deposition will change that.

Psycholizard: You have to kiss and tell when you are under oath. Best, Don Bauder

Goldsmith is a really cocky bastard (like SuperEd in Southbay). Saw Jan on channel 10 tonite. He's creepy.

shirleyberan: Goldsmith is getting on TV as much as he can. He wants to be mayor. Best, Don Bauder

He talks to interviewer like it's all a done deal to move Bob out. Tomorrow they have petition bombardment plan all over town. Don - I didn't know who he was till today - recall Creepy Goldy! Gonna have to use the 800 number, my printer is broke.

shirleyberan: Remember, I have basically said that on my blog: the coup is a done deal as far as the intergovernmental extra-legal strategy goes. But it's possible someone will remind them of the extra-legality and the plan will be aborted. Best, Don Bauder

Someone needs to sneak up behind Goldsmith and grab that dead critter on his head. Once he is exposed for being a vanity consumed, short, bald man, he will be laughed out and ridiculed for the insecure little pawn his really is.

Ponzi: He must think that wig makes him a bigwig. Best, Don Bauder

Diogenes - I was born here and my high school (Hoover) was very integrated, class of '73. Wasn't even aware of those struggles at that time. You have been quite heroic, the kind of leader we needed at the right time. Love that "I Have A Dream" speech! I made copies of it and gave them out in my daughter's elementary school 4th grade class on MLK day, about 12years ago. Public inner city school wasn't doing enough to recognize his importance, I thought. You are so right on!! Good men and women must do something! Very sorry for the experiences you must have gone through. Nelson Mandella spent 28 years in prison for being a great man. So much doesn't make any sense.

shirleyberan: Sex scandals are all about sex, power, money, and media bias. This one has all those elements. Best, Don Bauder

Former Republican Sen. Bob Packwood of Oregon was forced to resign in 1995 because of his sexual harassment of women. Was media bias involved?--No! Was there proper reporting by The Washington Post (and other media outlets later)?--Yes! As with Filner, Packwood himself was the cause of his troubles--not the media and certainly not the women he harassed. And there was no "palace coup" to get him out.

I went to see Lee Daniels' "The Butler" tonight, a chronicle of the American civil rights struggle as seen through the eyes of an uneducated Southern black man who left the plantation where his mother was raped and his father was murdered by the owner, moved to D.C. and became an (underpaid) butler in the White House from 1950's President Eisenhower to 2008 President Obama. This man (played by Forest Whitaker) and his wife (played by Oprah Winfrey) had two sons -- one went to Howard and died in Vietnam and the other went to Fiske and became a civil rights activist. The film covers integrating Little Rock High with the National Guard, the murders of Kennedy and King, riots across the country, lunch counter sit-ins, Freedom Rider buses, burning Klan crosses, Bull Conor's dogs and firehoses, actions against Black Panthers -- the whole turbulent period that shaped so many people, including Mayor Bob Filner when he was jailed for two months as a 19-year-old Freedom Rider.The audience applauded when the movie ended.

monaghan: I have read good reviews on that movie. Documentaries or quasi-documentaries serve a good public purpose. Best, Don Bauder

Psycholizard, "Goldsmith seems to be openly conspiring with Gloria Allred to raid the City Treasury to pay her for forcing Filner to resign."

I have reached exactly the same conclusion. In fact I would go further and suggest that it was Goldsmith and Tony Perry of the LA Times together who thought up bringing in Allred. Perry and Allred are LA people. It was probably Perry who first thought of it.

Allred is a money hound and money can only be what enticed her to San Diego. Tony Perry probably made the initial approach (he is now feverishly shilling for Goldsmith in the LA Times) and as City Attorney Goldsmith probably assured Allred that he would "negotiate" a nice pot of City settlement money for her if she could use her notoriety to pile enough shame on Filner that he would resign. It was her notoriety that put Filner and San Diego on the national "shame" stage.

Allred went for it. But can Goldsmith deliver? I doubt it. He and Perry are showing signs of strain already. Allred is probably shouting "where's my money?" and "you told me this guy was a woos and would cave in a week".

Now, whether Goldsmith had this arrangement with Allred before Frye, Briggs and Marco attacked the castle is the $64 million question.

I warned the trio at the time: "if you aim to take the castle you have to kill the king". In other words if a king still lives after you attack his castle you will lose and he will kill you. Filner still lives.

I am inclined to believe that Perry, Goldsmith and Allred jumped on the coup bandwagon after the three castle-takers made their move. I believe it because Marco announced at the two press conferences that he would be representing the sexually harassed women. He saw the pot of money first. I don't think he saw the Allred thing coming. Which says a lot about Irene McCormack's character. After plotting with Marco she dumped him for more.

Goldsmith and his fellow conspirators probably thought that the Marco-McCormack plan was so damn good that they upped it and brought in Gloria Ironbox herself. McCormack went with the big money. Marco must be pissed. And Donna must be devastated. Neither she nor Marco will get a damn thing now for their dirty work, either way.

The good news is that Allred may not hang around very long. She has probably already taken the measure of Goldsmith and concluded what we already knew, that he is a bullshiter. Now she is looking for an exit strategy. Goldsmith has to figure out how to get her some big City money soon or she will surely turn on him.

The old saying is: "if they'll do it with they'll do it to you". The one who may end up resigning is City Attorney Jan Goldsmith.

Allred will eat him alive unless he can "negotiate" her money soon. I’m sure somebody as lethal as Ms. Gloria Ironbox has a Plan B that will make Judge Goldsmith’s hairpiece stand on end. Now won't that be a sight to see?

Wow, after reading this drivel, I thought Don Bauder had written it. I seriously doubt Allred is worried about the money. Like her style or not, she has done far more for civil rights than Filner ever did.

That is probably a factually verifiable proposition. I would predict that after the data are examined, it would prove to be untenable.

Like what? Sing the praises of your heroine, royalty loafer.

Her civil rights efforts started in the '70s, and have continued ever since. Read all about it here:

Um. pour me some more sleaze please. When Filner won Filipino WWII Veterans their pensions, he won more money for an oppressed class than all Gloria's celebrity whiners combined.

Apparently you did not take time to READ the background on Allred. If you had, you would have learned that most of her legal work has nothing to do with celebrities.

When Mayor Filner wrote the Post-911 GI Bill, Veterans within 15 year of discharge. The Post-9/11 GI Bill also offers some service members the opportunity to transfer their GI Bill to dependents.

Mayor Filner also change the law for Agent Orange disability compensation from the Veterans Administration (VA). For Veterans serving in Vietnam/Korea/Thailand.

Mayor Filner also move up the national goal of Ending Homelessness Amongst Veterans from 2020 to 2015.

David: you have only been in town since 2009 and you are an expert on Filner and our local politics? Drivel is writing that Allred does not care about the money, that "she has done far more for civil rights than Filner ever did". Now that's drivel.

Your info on how long I've been here is incorrect. This is my second time in SD. I lived here previously in the late '90s.

I guess this is an example of "What goes around, comes around." Somebody, buy this guy a bus ticket out of town!

Grow up; are you 15 years old? If you don't like what I have to say, just don't read it.

I bought myself an Amtrak ticket out of town recently, Mrs. Zimmerman. It was to LA for a quick getaway. It was a round trip, though. If you think i"m moving out of San Diego, then dream on. Read all about the trip here:

patflannery: You sketch a very interesting scenario. I don't know that I agree with all of it, but you make some important points.

First, there is little doubt that Marco harmed the credibility of the three original complainants when he, an environmental lawyer, said he would represent the aggrieved women.

I suspect that Marco and members of his family -- for very personal reasons -- lined up the Initial Three to go on the attack.

Then I suspect that the downtown corporate welfare crowd jumped in with the bucks, generating much if not most of the media hysteria. The overlords can smell victory -- their greed will sweep away the voters' will.

At this point, the Initial Three began to realize that they had unwittingly sabotaged everything they had spent their careers working for.

The whole thing is very sad. Will the intergovernmental extra-legal coup fall apart? At this point I don't think so. But it's only Sunday. Best, Don Bauder

Don: I see you are mindful of the well-known fact that Donna was micro-managed by Marco throughout her entire political career. He is her attorney and Skip's religious soul mate. You think Marco just used her?

Don't forget that this whole sexual harassment plot needed a trusted motivated person on the inside. Any attorney would have told the plotters that the victim had to be a City employee. That person was Irene McCormack.

Are you certain it was not Donna who recommended Irene to Don? I am surprised you have not asked her what she knows about that hiring because it is the key to this whole mystery. Donna was very involved with Bob in picking his initial staff. He trusted her. Perhaps she could come on here and tell us what she knows about the McCormack hiring.

Clearly the plotters, whoever they are, needed to oust Filner because he was an obstacle to an inside deal made long before he took office. That could have been any one of a number of special interest groups doing business with the City. DeMaio would have implemented it, Filner did not. McCormack points to a deal with the Port.

The closest of the Marco Trio to McCormack was Cory. Those two cut many deals together on the waterfront litigation. There are big players and big bucks involved there, particularly on the North Embarcadero.

Whoever the real "corporate welfare gang" is they are no dummies and know how the city works better than (up until now) outsider, Bob Filner.

Whoever they are, they are quaking in their boots about now. If Filner does not go they know they are going to be found out.

"Facts are very stubborn things."

I suspect Allred also has a retainer. Filner's resignation has no real value to her clients, aside from satisfying their spite, and it can't be ordered by a judge. If someone will be compelled to act voluntarily against their self interest one must have a credible threat, as in 'Resign or else.'. The "or else" we first heard from Donna Frye was the ruin of his reputation. Problem was, Donna destroyed that reputation as she spoke, so that Filner must fight, or forever be branded a pervert. As it happened the real accusers haven't reported the sexual battery she alleged. Now the "or else" is Filner's financial ruin through a court case of little cash value that can be prolonged until the lawyers make millions. The presumption seems to be that plaintiff is completely cashed up and defendant has little resources, in looking glass image of the usual case. Trouble is, if Filner is not rich after twenty years as a congressman, if he doesn't have a pack of the hugely wealthy to defend him, it's because money is less important to him than his job. ,

Psycholizard: I understand that Donna was hyper-emotional when she made those statements. That is unfortunate.

I certainly hope she did not ruin her reputation. She, Marco, and Cory have all done very good things for San Diego, and I hope they continue to do so. Best, Don Bauder

Donna was one of the best councilmembers in recent memory. Her BS-detector was always on and functioning.

Don, your chivalry is admirable, but Donna Frye did a terrible injustice to the duly-elected Mayor of this city and to everyone who voted for him. Her reputation is destroyed.

There were other ways to accomplish redress for women harmed -- if indeed that ever was the real reason for her two-timing public finger-pointing and demand that the Mayor resign. At best, she acted destructively because she is naive and stupid. At worst, she was motivated by damaged ego and personal hubris born of too much time spent in public office. Sic transit gloria. Sic transit Donna Frye.

I feel that Allred's strategy is to "divide and conquer." If she can bring clarity to the relationship between the city and Filner, she can tease settlements out of both of them. She could reach settlements much faster too. Because a resigned Filner would want to move on and the city would want to end the drama. As it stands, with Filner in power it will be protracted legal battle and I doubt Irene Jackson has the means to feed the alligator. I remain convinced that a Filner resignation would profit Allred immensely. That is why she demands it every time she speaks about her cases and that is why she acts with so much drama, theatrics and props at her dog-and-pony shows. She purposely chooses to hold her shows at the Westgate Hotel for added impact because it is across the street from City Hall.

I've been out of town on a road trip for most of July & part of August so I may have missed a few details in this story. I have heard people say that Filner's apology amounted to an admission of guilt, but I don't believe he ever said he had sexually harassed or assaulted anyone. Nor have I heard anyone say that the alleged victims asked him to stop, reported the incident to anyone including their supervisors, the Human Resources dept. at the time the incident occurred. If they did and no action was taken then the supervisors did not do their jobs. There are steps that have to be followed in these cases in order for action to be taken against the accused it does not appear that any of them were done. As to the credit card charges and requests for reimbursement of items purchased any accountant will tell you that these types of charges & requests come in all the time and generally are rejected if they do not meet the guidelines.
This whole thing is reminiscent of the Mike Aguirre situation where the real power in the city was used to run him out of office.

Dennis: Filner's apology did not amount to an admission of guilt. He continues to say his behavior did not amount to sexual harassment or assault.

I don't know that any of the 16 accusers asked him to stop, although I haven't been following the last several. I don't know that any, including McCormack Jackson, complained about his behavior to HR.

Remember, the accusers Allred has brought forward for the most part have not been talking about alleged behavior while he was mayor. One exception is the most recent one, brought forth in a most bizarre interview.

Oh yes, this is similar to the Aguirre situation. The same overlords are funding it and manipulating the same media. Best, Don Bauder

POLL: FILNER SUPPORT DOWN TO 1 IN 7. Channel 10 has reported that only 1 in 7 San Diegans support Mayor Filner. A full 81% of poll respondents say Filner should resign, according to the poll.

City Attorney Jan Goldsmith seems to lead the possible mayoral race, with 38% viewing him favorably. Carl DeMaio has 33% favorable, 33% unfavorable. There will be more on those angling for Filner's position.

However, the poll was done for Channel 10 and the Union-Tribune, whose coverage has been totally biased and an embarrassment to journalism. Pollsters are often like consultants: they give answers that the people paying the bill want them to give. Best, Don Bauder

Psycholizard: This fellow Roach has an apt last name. Ugh! Single men, apparently, are not supposed to have relationships with women. Gawd! Best, Don Bauder

Polls that are advertisement for a candidate who is hogging media are not valid.

shirleyberan: So many polls are not valid. They are kept. Best, Don Bauder

Don, the fact is that political rhetoric in America has gone deranged, using Goebbels' Manual of Propaganda with increasing frequency since Obama won his first election after which Mitch McConnell announced that his paramount goal for the GOP is to destroy Obama's presidency.

This explains why Manchester lusts after something like a Goebbels Prize For Political Propaganda to gain great GOP political power. That's why the Manchester cancer is metastasizing to other states.

It's the classical strategy of Money and Power Vs. We The People that has destroyed democracies clear back to Ancient Athens.

Anon92107: The so-called Filnergate is a classic example of derangement. Best, Don Bauder

That "10 News" investigator with a picture of a man and a woman in a car. So what? He was asked as a Republican hired investigator , have you ever investigated any other Democrat, fumbled all over his answer, but then just couldn't remember?! That's credible evidence? BS Use that stuff for the defense if it gets to it.

shirleyberan: That's a Roach for you. Best, Don Bauder

Ms. Beran, Shouldn't just be used on the defense, but as part of a countersuit. This confirms Mr. Bauders claim that insidious forces have been bankrolling the smear, and planning for years. I'll bet Goldsmith, who in the linked interview seems to be obsessing on the deposition, believes there's dirt there he can use, I'm not so sure. Filner's fiancee' stated she wasn't certain he was cheating on her, and usually, once a partner suspects, they can find the transgressions easily, but the innocence of a free person to unspecified acts can never be proved.

Psycholizard: I said from the beginning that this is dirtier politics than the usual dirty politics. Best, Don Bauder



WHERE: CIVIC CENTER PLAZA Info: Enrique Morones @ 619 977-9467


“We are defending the Constitution, the Bill of Rights, Due Process and innocent until found guilty BEYOND A REASONABLE DOUBT.” Ken S Msemaji DOMESTIC WORKERS

“Those of us South of INTERSATE 8 voted for Mayor Filner and those North of INTERSTATE 8 want him out” Kathleen Harmon FORMER FILNER VOLUNTEER

“Mayor Bob Filner like any other person deserves due process and the overwhelming demand for his resignation appears to have been initially motivated and orchestrated by the conservative elements in San Diego that fear the Mayor’s progressive agenda of including all people in the future direction of the city” David Valladolid COMMUNITY ORGANIZER

“Bob has stood side by side with many of our displaced communities for decades, now we stand with him. Bob, like the alleged victims deserve due process and not a public execution and circus, We will not be silent”. Enrique Morones , Native San Diegan & HUMAN RIGHTS ACTIVIST

I look forward to see just how many people show up for this event--from both sides.

laplayaheritage: Native American San Diegans are sticking up for Filner. Best, Don Bauder

Allred has priority in deposition. She served her notice first.

Filner already knows the gist of the alleged victim's testimony, especially Irene McCormack's.

Sexual harassment is all "He-said, she-said," no real forensics. Few good civil litigators like these cases. Defending them takes talent.

Typical case:

"Bobby pinched my butt,"

"No, I didn't!"

A real high school type of thing. I mean really, you do not even need to go to law school for that!

Filner admitted that he had some sort of issue and sought therapy. Try keeping the publicity of that out of the jury's mind let one out of evidence.

Filner has been tried in the press. You cannot unring a bell or unburn a piece of paper.

Damages? Punitive damages are available for acts that violate public policies such as the one against workplace sexual harassment.

The polls? 100% of Republicans plus one-half of Democrats - especially those Democratic politicians who must stand for re-election. Can Democrats abandon women's right? Nor should they just for Filner.

Allred can say anything to the press but the city attorney has tighter ethical controls on his mouth, as Don stated originally. Melvin Belli sued Escondito PD for wrongful death. He bellowed, "Murder!" until city paid. $700,000.

Diogenes: Your points are very well taken. Best, Don Bauder

Experience not logic is the talisman of law.

Filner needs 4 jurors. If discovery establishes a vast right wing conspiracy, he might get sympathy.

He might be forced to settle because the cost of defending, the non-dischrgeability of punitive damages in bankruptcy court, and other factors that have nothing to do with whether he did it.

Allred said in her first press conference that he must resign first. Only then will she consider settlement - so she said, at least

"non-dischargeability of punitive damages in bankruptcy court" Where do you cite that from? Unless based on fraud, civil judgments are eligible for discharge.

Bankruptcy is a worst case scenario. Allred has not stated a money demand, implying it would be decided at trial. Giving that a trial is far fetched, then Allred can only expect to settle. So what damages can Irene Jackson prove? She still has a job, so there's no apparent loss of income. Her claim would rest on the extent of emotional distress, which is not as easily measured as someone suing for death or dismemberment damages. There could even be a counter-claim of libel.

Locals that are dismayed at the negative publicity the city is getting should realize the hiring of celebrity attorney Allred has been the catalysts for much of the attention.

If based on assault and battery, you believe you can discharge that?

Diogenes: And the mainstream media worship the ground that Allred walks on. Best, Don Bauder

I'm not a lawyer, but I do know delaying a deposition isn't usually a big deal. It's not Allred, but Goldsmith who called for the early deposition against Filner's wishes, abusing his position as co-defendant. As he makes clear in the bizarre interview linked above, he is openly conspiring with the plaintiff, and believes he can help her win money from the City, and the early deposition is part of that effort, it's not subtle. If plaintiff would sign a specific complaint, Filner might not contest the presented facts, but argue before the judge that those facts don't add up to sexual harassment, and they might not. Should the judge rule against him on this, he would pay damages and the case would end. This is a very normal way of settling cases, and likely the cheapest for the City, especially if you believe, as Goldsmith does, that the allegations are true. But Goldsmith obviously has no intention of defending the City from liability and expense.

I see what's happening now. There is a hearing for a motion to quash the deposition on Sept. 16. Goldsmith is also asking to take Filner's deposition on Sept. 17 for a "related case."

The Aug. 9th deposition was very rushed. Filner's reply to the complaint isn't due until Aug. 22 or so. But under the circumstances, the desire to begin discovery is understandable.

What I would like to understand more is something mentioned earlier in these comments reported by KPBS:

"In a recall-related development Friday, the City Attorney's Office said a section of San Diego law that requires signature-gatherers be residents of San Diego and registered to vote, in order for the names they collect to be counted, will not be enforced."

Psycholizard: Goldsmith is out for Goldsmith. He doesn't care a whit about the City. Best, Don Bauder

It has been said no one reported nothin to human relations at time of alleged acts. Hope there are good speakers for the camera tomorrow, and lots of us. Should get facts about Goldsmith ( for starters) out to any reporter with a conscience. And the women you have mentioned who care about stopping corruption of the office of Mayor please speak! Not that hard to stand there like Frye and Allred! Imitation is flattery. Show strength and no fear, resolute but make some sense and "plant the seed"( like Don does). Some will no doubt find it as an opportunity for conflict. Who can speak the truth and ignore heckling? Public needs educators. Maybe they'll show this side, maybe not, but they will show how many there are. Put out some good sound bytes to turn opinions around. I doubt Goldsmith thinks allegations have much if any truth, friend Psycholizard. And bet he doesn't give a poop, just wants what he wants when he wants, regardless if harmful.. Denys people's

shirleyberan: Reporter with a conscience? Best, Don Bauder

I am very concerned about the city attorney's behavior concerning his demands for Filner to resign. Pre-trial statements by Allred are fine. But who does the city attorney represent? Aguirre said the people. Goldsmith has stated the City Council, and, at times, the people. Filner pointed out the inconsistencies in Goldsmith's own statements begore the present scandal.

I say Goldsmith represents those with big money and his own ambitions.

It will be interesting to see who the city attorney represents when these issues are ruled upon.

Calling the mayor names on television could create vicarious liability for the city.

Diogenes: You are correct: Goldsmith represents the big money in town. Best, Don Bauder

RE: "Calling the mayor names on television could create vicarious liability for the city." Can you cite the law to back up that claim? Politicians get called names every day. And late-night comedians have used tougher language against Filner than Goldsmith.

dwbat: Saying a man you hate has sociopathic characteristics including lack of conscience is wise lawyering in today's hysteria -- but possibly not when sanity returns. Best, Don Bauder

You forgot to cite the law for your statement. You just babbled out an opinion again. You need to visit a law library once in a while, to back up your daily statements of opinion.

Unnecessary roughness By Matt Potter Published Wednesday, Feb. 6, 2008 , San Diego reader According to a signed statement by Christine dated April 15, 1986, Goldsmith “began yelling and screaming at me in obviously uncontrolled anger. He then gave me a hard shove in the chest and cocked his fist in an extremely threatening manner. All of this appeared in front of the children causing them to be extremely upset and telling their father not to hit their mother. He then began throwing items off the kitchen counter in his continuing rage. I could not leave at that time without further aggravating the situation and exposing myself to potentially further harm.” The next day, she said, she slept at her sister’s house with the children. “I am afraid to go back to the house the Respondent is still there as I feel his anger may once again get the best of him and he may, in fact, cause physical danger to myself and irreparable harm to both myself and our minor children.”

historymatters: Yes, that excellent Matt Potter article from 2008 has been repeated a couple of times on this blog. It tells what you need to know about Goldsmith. Best, Don Bauder

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