Urquhart For Attorney General

Hey guys I think James Urquhart is "The Guy" that you should vote for as Attorney General. He has lots of experience with the law, he has worked in a law firm, has hold previous positions like being Deputy Speaker, and he can get the job done as AG. Vote for Urquhart! Thanks.
 
Mall:
James Urquhart:
Lord Ravenclaw:
James Urquhart:
Lord Ravenclaw:
Lord Ravenclaw:
Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
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As a reminder. These aren't difficult questions.
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Your question was next.
I came to NS in late 2015. The first year I was in the game I mostly stuck to answering issues until that became boring. I joined a region later that was Roman themed until I had to help my grandfather with his health which caused me to leave the game.

The only Region I have drafted law in was TNP. It was about Diplomatic protection. I don't regard my self as a successful legislator.
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I see. I was just interested as your CV implies that you have some experience in that regard.

Can you link us to any of your past court cases?
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Since I left that Region it appears that it has refounded and the link to the forum where the cases were is no longer there. Im sorry if this is inconvenient. The dispatch provided in my opening post is accurate as far as the offenses I defended.
Click to expand...
Some would say that this sounds like a complete and utter lie, and your earlier defense of privilege merely shows that you have no idea what that term means. How would you respond?
Click to expand...
Just making sure this wasn't missed.
 
Mall:
Mall:
James Urquhart:
Lord Ravenclaw:
James Urquhart:
Lord Ravenclaw:
Lord Ravenclaw:
Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
Click to expand...
As a reminder. These aren't difficult questions.
Click to expand...
Your question was next.
I came to NS in late 2015. The first year I was in the game I mostly stuck to answering issues until that became boring. I joined a region later that was Roman themed until I had to help my grandfather with his health which caused me to leave the game.

The only Region I have drafted law in was TNP. It was about Diplomatic protection. I don't regard my self as a successful legislator.
Click to expand...
I see. I was just interested as your CV implies that you have some experience in that regard.

Can you link us to any of your past court cases?
Click to expand...
Since I left that Region it appears that it has refounded and the link to the forum where the cases were is no longer there. Im sorry if this is inconvenient. The dispatch provided in my opening post is accurate as far as the offenses I defended.
Click to expand...
Some would say that this sounds like a complete and utter lie, and your earlier defense of privilege merely shows that you have no idea what that term means. How would you respond?
Click to expand...
Just making sure this wasn't missed.
Click to expand...
It is not a lie that dispatch was written by someone independent of myself who has knowledge of legal experience. There is no misuse of Privilege I merely stated that line because Im not going to talk about the fine nuances of my clients cases.

Wolfram and Hart was founded about 2012 by a fairly prominent Europeian. We have a case intake thread on the NS Gameplay forum. Many well known NSers have posted there with some what positive reviews of the law firm. Currently im working in the Constitutional Clinic of the firm.
It is not an RL law firm. It's totally Gameplay.
 
James Urquhart:
Mall:
Mall:
James Urquhart:
Lord Ravenclaw:
James Urquhart:
Lord Ravenclaw:
Lord Ravenclaw:
Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
Click to expand...
As a reminder. These aren't difficult questions.
Click to expand...
Your question was next.
I came to NS in late 2015. The first year I was in the game I mostly stuck to answering issues until that became boring. I joined a region later that was Roman themed until I had to help my grandfather with his health which caused me to leave the game.

The only Region I have drafted law in was TNP. It was about Diplomatic protection. I don't regard my self as a successful legislator.
Click to expand...
I see. I was just interested as your CV implies that you have some experience in that regard.

Can you link us to any of your past court cases?
Click to expand...
Since I left that Region it appears that it has refounded and the link to the forum where the cases were is no longer there. Im sorry if this is inconvenient. The dispatch provided in my opening post is accurate as far as the offenses I defended.
Click to expand...
Some would say that this sounds like a complete and utter lie, and your earlier defense of privilege merely shows that you have no idea what that term means. How would you respond?
Click to expand...
Just making sure this wasn't missed.
Click to expand...
It is not a lie that dispatch was written by someone independent of myself who has knowledge of legal experience. There is no misuse of Privilege I merely stated that line because Im not going to talk about the fine nuances of my clients cases.

Wolfram and Hart was founded about 2012 by a fairly prominent Europeian. We have a case intake thread on the NS Gameplay forum. Many well known NSers have posted there with some what positive reviews of the law firm. Currently im working in the Constitutional Clinic of the firm.
Click to expand...
I didn't ask for fine nuances, I asked what cases you worked on.
 
Mall:
James Urquhart:
Mall:
Mall:
James Urquhart:
Lord Ravenclaw:
James Urquhart:
Lord Ravenclaw:
Lord Ravenclaw:
Can you confirm when you joined NationStates? Can you confirm what Feeders you have also successfully authored a law in?
Click to expand...
As a reminder. These aren't difficult questions.
Click to expand...
Your question was next.
I came to NS in late 2015. The first year I was in the game I mostly stuck to answering issues until that became boring. I joined a region later that was Roman themed until I had to help my grandfather with his health which caused me to leave the game.

The only Region I have drafted law in was TNP. It was about Diplomatic protection. I don't regard my self as a successful legislator.
Click to expand...
I see. I was just interested as your CV implies that you have some experience in that regard.

Can you link us to any of your past court cases?
Click to expand...
Since I left that Region it appears that it has refounded and the link to the forum where the cases were is no longer there. Im sorry if this is inconvenient. The dispatch provided in my opening post is accurate as far as the offenses I defended.
Click to expand...
Some would say that this sounds like a complete and utter lie, and your earlier defense of privilege merely shows that you have no idea what that term means. How would you respond?
Click to expand...
Just making sure this wasn't missed.
Click to expand...
It is not a lie that dispatch was written by someone independent of myself who has knowledge of legal experience. There is no misuse of Privilege I merely stated that line because Im not going to talk about the fine nuances of my clients cases.

Wolfram and Hart was founded about 2012 by a fairly prominent Europeian. We have a case intake thread on the NS Gameplay forum. Many well known NSers have posted there with some what positive reviews of the law firm. Currently im working in the Constitutional Clinic of the firm.
Click to expand...
I didn't ask for fine nuances, I asked what cases you worked on.
Click to expand...
As I stated the I Region where the cases took place-Republic of Rome - is under a new founder since I was there. There used to be a forum link on the home page and it is no longer there. It's been 7 months since I did my last case. Thus I cannot properly cite the case. I can confirm I acted as Defense Counsel for the stated offenses in the Dispatch provided in the opening post.
The Dispatch clearly lays out the nature of the cases I worked on.
 
RKO:
Hey guys I think James Urquhart is "The Guy" that you should vote for as Attorney General. He has lots of experience with the law, he has worked in a law firm, has hold previous positions like being Deputy Speaker, and he can get the job done as AG. Vote for Urquhart! Thanks.
Click to expand...
Thank you. I appreciate your commitment.
 
Thank you for your answers, I have some follow-up questions.
James Urquhart:
Zyvetskistaahn:
Thank you for your answers, I have some further follow-ups.
James Urquhart:
1.
Well the factors would be based on clear and convincing evidence that some government action violated or affected a party negatively. The law would have to have been clearly breached in such a way as to make any non-reply by me look like nonfeasance- of course not that I would be nonfeasant. It would have to be fairly compelling for me to reply. A case can't be made with out the evidence the government did the wrong thing - or else it's pointless. I don't know how else to illustrate this to you.
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Suppose that a you found a rule of a government body that conflicted with the Constitution or the Legal Code but that, due to the standing requirement, there were no or very few individuals with standing to challenge the rule (perhaps only the members of the body or some of them), would that be a case where you might use the inherent standing of the Attorney General, why or why not? Would it make any difference if, say, you spoke with the members of the body and they indicated they would change the rule?

James Urquhart:
2. That is somewhat true but I'm not going to speculate. Political policy would not factor into if I'm going to prosecute an individual for a crime. Attorney Generals should be independent and unbiased. That's the strength of the office.
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Suppose that there were a coup, the incumbent Delegate had declared the government dissolved and their intent to institute their own form of government, and that a nation came to the delegacy that was not authorised to do so (perhaps appearing to be a crony of the Delegate) and returned the region to constitutional order, despite not being any government authority of the region; a criminal complaint is presented to you suggesting that their taking of the delegacy in an unauthorised manner amounted to gross misconduct or treason, would the fact that they have, perhaps, saved the region not weigh against the interest in prosecuting them?

Suppose that a member of the NPA has, in the course of an officially sanctioned mission, committed espionage, but been granted an exemption by the Delegate (and that this exemption was properly granted), that member may have also committed gross misconduct (in that all illegal conduct can be such) and a criminal complaint is made against them on that basis, might it not be contrary to the interests of the region to prosecute them, even if you thought a prosecution would succeed?

James Urquhart:
3. Well if they took any action than what I advised I might exercise my standing if the action has violated others. If they went against my advice and did the opposite, then realistically they probably wouldn't reverse them either. I would consult with the official extensively before forming a final decision if it is in regards to a government action. Whether it's Delegates or Commission depends more on the circumstances of what's going on. I will exercise a level of confidentiality during my conduct.
Click to expand...
Might there be circumstances in which action beyond a request for review would be proper? What might some of these be?

Might there not be particular considerations to bear in mind before taking action against a Delegate that has deliberately taken an apparently illegal action, as compared to against an Election Commissioner who has done so, considering the Delegate's powerful in-game position and the risks involved?
Click to expand...
1. I would still make an attempt to use my inherent standing authority. If the situation is a conflict where individuals Rights are being overridden and directly undermined there is no speaking and waiting. Of course if it's a situation where literally the next day the decision is going to be reversed then that would give me some pause, I would have to have rock solid certainty that they were going to do the reversal. If it's any longer im not going to buy into a politicians possibly false promises.
Click to expand...
Suppose an individual right is not being violated but the law is still being broken, would that be a circumstance in which it is appropriate to use the Attorney General's inherent standing, why or why not?

James Urquhart:
2. I understand the play on emotions here.

It's rains on the just and unjust. I hope this Region is never in such as a position as speculated. At the same time I can't close my eyes and prosecute one over another when Criminal offenses are committed by more than one person. I should point out that if the individual who saved the region did so when legally no Legal Code or Constitution was valid then it's likely they can't be charged with anything. I won't speculate further on this point.


In a situation where someone was still doing a perceived good thing - inthe case of the NPA member- I would have to honestly say that I would prosecute them regardless. Doing something legally right doesn't get you passed over for prosecution later.
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In relation to the first, can I ask what would be necessary to invalidate the Code or Constitution?

In relation to the second, the situation posited is not someone doing something legally right and then being prosecuted for some other legal wrong, the right and the wrong are one and the same. Why does it make sense to seek to punish the NPA member when, to their mind, they were legally protected? Does it not go against the purpose of the exemption to use another crime to seek to punish the exempted conduct?

James Urquhart:
3. There might be. I don't wish to speculate further on the first half of this point. I'm not being impolite.
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Ah, but I do wish you to speculate further as I think it important for the electorate to know whether the Attorney General is aware of all the remedies that are open to be pursued in such a circumstance.

James Urquhart:
For the second half of this point: If both officials are simultaneously breaking the law they will both be prosecuted. How much political power one has over the other doesn't matter. It would be political and unprofessional to persue one just because they have more power than another one. I won't fall into any such realistic trap.
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I think you have missed the thrust of my point. The Delegate presents an almost unique security risk in Game Created Regions, they could feasibly topple the entire constitutional order of the region and there are regions where they have done so. An Election Commissioner does not present such a risk. My question was focused on whether, in view of that, there were any practical precautions which you thought necessary to take in order to minimise the risk of the region tumbling into internal conflict, not to lure you into saying that a more powerful official ought more easily get away with breaking the law. With that in mind, what steps might be appropriate?
 
Zyvetskistaahn:
Thank you for your answers, I have some follow-up questions.
James Urquhart:
Zyvetskistaahn:
Thank you for your answers, I have some further follow-ups.
James Urquhart:
1.
Well the factors would be based on clear and convincing evidence that some government action violated or affected a party negatively. The law would have to have been clearly breached in such a way as to make any non-reply by me look like nonfeasance- of course not that I would be nonfeasant. It would have to be fairly compelling for me to reply. A case can't be made with out the evidence the government did the wrong thing - or else it's pointless. I don't know how else to illustrate this to you.
Click to expand...
Suppose that a you found a rule of a government body that conflicted with the Constitution or the Legal Code but that, due to the standing requirement, there were no or very few individuals with standing to challenge the rule (perhaps only the members of the body or some of them), would that be a case where you might use the inherent standing of the Attorney General, why or why not? Would it make any difference if, say, you spoke with the members of the body and they indicated they would change the rule?

James Urquhart:
2. That is somewhat true but I'm not going to speculate. Political policy would not factor into if I'm going to prosecute an individual for a crime. Attorney Generals should be independent and unbiased. That's the strength of the office.
Click to expand...
Suppose that there were a coup, the incumbent Delegate had declared the government dissolved and their intent to institute their own form of government, and that a nation came to the delegacy that was not authorised to do so (perhaps appearing to be a crony of the Delegate) and returned the region to constitutional order, despite not being any government authority of the region; a criminal complaint is presented to you suggesting that their taking of the delegacy in an unauthorised manner amounted to gross misconduct or treason, would the fact that they have, perhaps, saved the region not weigh against the interest in prosecuting them?

Suppose that a member of the NPA has, in the course of an officially sanctioned mission, committed espionage, but been granted an exemption by the Delegate (and that this exemption was properly granted), that member may have also committed gross misconduct (in that all illegal conduct can be such) and a criminal complaint is made against them on that basis, might it not be contrary to the interests of the region to prosecute them, even if you thought a prosecution would succeed?

James Urquhart:
3. Well if they took any action than what I advised I might exercise my standing if the action has violated others. If they went against my advice and did the opposite, then realistically they probably wouldn't reverse them either. I would consult with the official extensively before forming a final decision if it is in regards to a government action. Whether it's Delegates or Commission depends more on the circumstances of what's going on. I will exercise a level of confidentiality during my conduct.
Click to expand...
Might there be circumstances in which action beyond a request for review would be proper? What might some of these be?

Might there not be particular considerations to bear in mind before taking action against a Delegate that has deliberately taken an apparently illegal action, as compared to against an Election Commissioner who has done so, considering the Delegate's powerful in-game position and the risks involved?
Click to expand...
1. I would still make an attempt to use my inherent standing authority. If the situation is a conflict where individuals Rights are being overridden and directly undermined there is no speaking and waiting. Of course if it's a situation where literally the next day the decision is going to be reversed then that would give me some pause, I would have to have rock solid certainty that they were going to do the reversal. If it's any longer im not going to buy into a politicians possibly false promises.
Click to expand...
Suppose an individual right is not being violated but the law is still being broken, would that be a circumstance in which it is appropriate to use the Attorney General's inherent standing, why or why not?

James Urquhart:
2. I understand the play on emotions here.

It's rains on the just and unjust. I hope this Region is never in such as a position as speculated. At the same time I can't close my eyes and prosecute one over another when Criminal offenses are committed by more than one person. I should point out that if the individual who saved the region did so when legally no Legal Code or Constitution was valid then it's likely they can't be charged with anything. I won't speculate further on this point.


In a situation where someone was still doing a perceived good thing - inthe case of the NPA member- I would have to honestly say that I would prosecute them regardless. Doing something legally right doesn't get you passed over for prosecution later.
Click to expand...
In relation to the first, can I ask what would be necessary to invalidate the Code or Constitution?

In relation to the second, the situation posited is not someone doing something legally right and then being prosecuted for some other legal wrong, the right and the wrong are one and the same. Why does it make sense to seek to punish the NPA member when, to their mind, they were legally protected? Does it not go against the purpose of the exemption to use another crime to seek to punish the exempted conduct?

James Urquhart:
3. There might be. I don't wish to speculate further on the first half of this point. I'm not being impolite.
Click to expand...
Ah, but I do wish you to speculate further as I think it important for the electorate to know whether the Attorney General is aware of all the remedies that are open to be pursued in such a circumstance.

James Urquhart:
For the second half of this point: If both officials are simultaneously breaking the law they will both be prosecuted. How much political power one has over the other doesn't matter. It would be political and unprofessional to persue one just because they have more power than another one. I won't fall into any such realistic trap.
Click to expand...
I think you have missed the thrust of my point. The Delegate presents an almost unique security risk in Game Created Regions, they could feasibly topple the entire constitutional order of the region and there are regions where they have done so. An Election Commissioner does not present such a risk. My question was focused on whether, in view of that, there were any practical precautions which you thought necessary to take in order to minimise the risk of the region tumbling into internal conflict, not to lure you into saying that a more powerful official ought more easily get away with breaking the law. With that in mind, what steps might be appropriate?
Click to expand...
1. Perhapsin an Election situation where for example the Election Commission is using Administrator power to we edit people's votes. We can't carry on as a Republic or have Democratic government when such a speculated action is happening. It would undermine the whole experiment of government.

2. I believe you said that the government was "dissolved". I interpreted this to mean literally everything including legal documents.

You can still do something that constitutes a crime exemption or not. The NPA is legally protected only to carry out "Espionage". They are not legally protected if at the same time while carrying out the Espionage they overtly crash/spam a Forum or do another non-exempt act.

3. Well there is Review and using the inherent standing, charging someone with a crime. Additionally there is the option of doing the equivalent of an Amicus (Friend of the Court) brief and of course giving a requested legal advice to the Executive.

In regards to the second half it would essentially be using all or most of the remedies I just outlined. Of course being vigilant is one of these. We do have a Security Council and a forum Admin. It's a team effort. An Attorney General alone can only do so much. If there are no Court's then what? It would be up to the Security Council etc..
 
James Urquhart:
1. Perhapsin an Election situation where for example the Election Commission is using Administrator power to we edit people's votes. We can't carry on as a Republic or have Democratic government when such a speculated action is happening. It would undermine the whole experiment of government.
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What? I do not follow how that is an answer to "Suppose an individual right is not being violated but the law is still being broken, would that be a circumstance in which it is appropriate to use the Attorney General's inherent standing, why or why not?"

James Urquhart:
2. I believe you said that the government was "dissolved". I interpreted this to mean literally everything including legal documents.

You can still do something that constitutes a crime exemption or not. The NPA is legally protected only to carry out "Espionage". They are not legally protected if at the same time while carrying out the Espionage they overtly crash/spam a Forum or do another non-exempt act.
Click to expand...
You can check what I said and what I said was "the incumbent Delegate had declared the government dissolved", does the Delegate declaring the government dissolved make it so?

James Urquhart:
3. Well there is Review and using the inherent standing, charging someone with a crime. Additionally there is the option of doing the equivalent of an Amicus (Friend of the Court) brief and of course giving a requested legal advice to the Executive.

In regards to the second half it would essentially be using all or most of the remedies I just outlined. Of course being vigilant is one of these. We do have a Security Council and a forum Admin. It's a team effort. An Attorney General alone can only do so much. If there are no Court's then what? It would be up to the Security Council etc..
Click to expand...
In the situation as outlined in previous questions, where you have already advised an official that their proposed course of action is illegal and they have, nonetheless, went through with that action, and their conduct is sufficiently serious as to be criminal and you have, therefore, charged them with a crime, might any difficulties arise as a consequence of your having became involved in giving advice prior to the action? Particularly, might difficulties may arise in relation to conflicts of interest in such a circumstance?

Would it be open to you to use advice given to an official to support a criminal prosecution (for instance to prove that a violation of the law was doing knowing it was a violation)? Might the possibility of using such advice to support a prosecution have a negative effect, if it is permissible?

In relation to the second point (ie, the security risk posed by the Delegate), considering that there do exist these other bodies that can take action outside of the scope of what the Attorney General alone can do, might it not be prudent to notify them of your concerns?
 
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