I'm not sure if this article's authors, @NickAtNews and @mihirzaveri, are active on Twitter



But I want to thank them for one particular sentence, because it prompted me to do some searching – and it turns out the fix was in well ahead of time



Walk with me...



1/

The article Nick and Mihir wrote includes this particular passage



2/

Which is a weird thing to not know!



Filing a lawsuit is a big deal. Typically you can at least ballpark when the thing was filed, right?



Especially over such a high-profile issue?



3/

https://www.nytimes.com/2019/11/27/us/unc-silent-sam.html?smid=nytcore-ios-share …

And of course this announcement was made just before the 4-day holiday weekend, when courts are closed



So no one could physically go to the Orange County Courthouse and get the paper file



All I'd seen was this press release from the BOG...



4/

https://www.northcarolina.edu/news/2019/11/UNC-System-reaches-settlement-allowing-disposition-Silent-Sam …

...and a text with these 3 pages of the consent order



(If any of y'all know which reporter originally sourced these, please let me know so I can @ them)



5/

I litigate for a living; several friends do too. Needless to say several of us noticed there was quite a bit missing from the news coverage and subsequent tweets



Where was the Complaint? Was it filed in District or Superior Court? Was it competently drafted? Timely served?



6/

And then, just a couple hours ago, I noticed this passage in the article by @NickAtNews and @mihirzaveri



So I decided to log in to VCAP, the civil case-tracking system we use here in North Carolina to track data points about civil lawsuits



7/

https://www.nytimes.com/2019/11/27/us/unc-silent-sam.html …

A quick name search revealed the file number was 19 CVS 1579, in Orange County Superior Court



NC Division Sons of Confederate Veterans v. University of North Carolina at Chapel Hill and University of North Carolina Board of Governors



8/

And then these 3 VCAP screens:



➡️ Issue/Order Details, showing when the lawsuit (COMP) was filed and when it was disposed (FJNT)



➡️ Service Summary, showing the date and time when UNC was served



➡️ Response Summary, showing when UNC's Answer was filed



Notice anything?



9/

Keep in mind as you look at these screenshots: the BOG Committee that approved the settlement met on 11/27 at 10am in a teleconference closed session, as part of a meeting scheduled days in advance (see, e.g., http://pulse.ncpolicywatch.org/2019/11/25/board-of-governors-university-governance-committee-meets-this-week-in-closed-session/ … )



10/



For those playing at home:



➡️ The Board of Governors' Univ Governance Committee met at 10:00am on 11/27



➡️ The settlement was approved



➡️ Then the lawsuit was filed



➡️ Then UNC was served at 11:00am



➡️ Then the Answer was filed



➡️ Then the consent judgment was entered



11/

Amazing how quickly the University can move when it involves paying out $2,500,000.00 in donor money to build a Klan mausoleum!



To "settle" a lawsuit that didn't exist



12/

So a personal *thank you* to reporters @NickAtNews and @mihirzaveri of the @nytimes, b/c I'd have never noticed this scam came pre-baked if they hadn't mentioned the SCV Grand Wizard was clueless over when his group sued the University



13/13

https://www.nytimes.com/2019/11/27/us/unc-silent-sam.html …

Earlier thread on the settlement is here:



One more thing, in case there was any doubt: notice the first two words in the body of the University's press release announcing the settlement to a lawsuit that didn't exist when the settlement was approved



https://www.northcarolina.edu/news/2019/11/UNC-System-reaches-settlement-allowing-disposition-Silent-Sam …









In response to DM'd questions:



➡️ Consent order was signed by Superior Court Judge Allen Baddour (UNC Chapel Hill Class of 1993, and UNCCH School of Law Class of 1997)



➡️ "COMP" stands for "Complaint," the document starting a lawsuit



➡️ "FJNT" means Final Judgment No Trial

You're not wrong





We don't know what the court thinks in this particular case, but procedurally it's not totally unusual – you'll often see same-day activity like this when it involves car accident settlements for minor children, with the suit followed by the settlement



1/



There are situation-specific things that make this weird:



➡️ The pretense, as though this was a run-of-the-mill settlement for a normal lawsuit when the timeline proves otherwise



➡️ The org getting the money, SCV, didn't even have standing to sue



2/

@soonergrunt

➡️ The dollar amount, $2,500,000.00, is obscene given the causes of action



➡️ The presumed point Person running the negotiation, UNC General Counsel Tom Shanahan, is fresh off trying to cover up the DUI Dan scandal at ECU



3/

@soonergrunt

➡️ And of course the timing, with all of this announced right before a holiday weekend, when people aren't paying attention



It smells like a willing shakedown



4/4

@soonergrunt

FYI: the pics of the court order in Tweet #5 are originally from Sarah Krueger of WRAL, @WRALSarah!





#evergreentweet





"November / December 2019" – I had to zoom in to make sure I didn't read the date wrong



These are the ppl the UNC General Counsel and Board of Governors coordinated with to arrange a $2,500,000.00 same-day settlement for a then-nonexistent lawsuit. Yikes





I was reminded in the DMs that R Kevin Stone – the guy in charge of the Sons of Confederate Veterans who successfully coordinated a $2.5M shakedown of UNC – is a probation officer with the Department of Public Safety



We talked about him in @fsckemall #95:

https://www.fsckemall.com/2019/07/perpetual-dumpster-fires-episode-95/ …

Highlighted one is mine of NYT article; court ones are mine of VCAP (our civil case tracking system); ones of the signed court order are from @WRALSarah





Seems like the other arms of state government would have to be in the loop beforehand, otherwise you could have an enterprising lawyer file a qui tam action under NCGS §1-608 no?





Nominally: if the AG's Office consents, the Court can dismiss regardless of the qui tam Plaintiff's $0.02



Hence my figuring that other stakeholders were in the loop before this decision was finalized





Yes, I saw the football score



No, I'm not going to comment on it



#GoPack 🐺🐾🐾

More an observer than a participant; maternal grandfather's family are Polish immigrants from NYC, maternal grandmother's family from PA farm country, and stepdad's family from metro MA. I just happened to be born and raised in Virginia





Let me know what you find out! I'm totally out of the loop on all of this, I just happened to have access to the court's electronic system a couple days before everyone else 😂





Certainly looks that way, doesn't it?



Apparently I'm in the wrong line of work





The consent order only requires the money be "non-state funds" – so they can pull from unrestricted private donations, but also use things like investment income, patent royalties, etc



My guess is they use investment $$ to hide the stench, then backfill





Not really a correction but more an unanswered question: we don't know yet how the UDC factors in



We know it was originally UDC's statue; they funded it, they erected it, etc. But the court settlement and payout is to the SCV instead



1/



There's a nonzero chance the SCV and UDC have some private agreement between them on all this; also possible UDC took some part in the settlement negotiation. We just don't know



2/

@lexalexander

Possibility raised by other lawyers – that I'm not sure works tbh but it's a nuanced CivPro question – is that the University lawyers hope judicial findings in the consent order mean res judicata + collateral estoppel will now apply to future ownership disputes



3/

@LexAlexander

(I don't think that works b/c res judicata and collateral estoppel both require the fact issue to be "actually litigated," and this suit is pro forma af)



4/4

@LexAlexander

Next question, that folks will presumably be able to answer tomorrow: did anyone actually see the contract? Was it attached to the Complaint? Was anything verified by affidavit?





Tuition paid is ultimately still state funds; that money is routed to the Legislature, which skims some off the top and doles it back out



But the distinction is all semantics anyway: even if it's $2.5M in investment income, that's edu $$ not going to edu





Helps explain the speed: coordinate the suit and final order so quickly that Legislature and/or Attorney General can't file to intervene





It seems like the options were either 1️⃣ put the statue back under the statute, putting pressure on NCGA to change the law; or 2️⃣ leave it in storage, putting pressure on NCAGO to sue to enforce



Instead they picked 3️⃣: pay Klanners $2,500,000.00 USD in a sham lawsuit settlement

Certainly makes one wonder how much of the behind-the-scenes activity on this factored into the Board deciding Interim President Bill Roper would not be the permanent President, or factored into General Counsel Tom Shanahan interviewing at Womble Bond Dickinson for a new job? 🤔

(Womble Bond Dickinson, you'll recall, being the outside law firm that Shanahan hired with public $$$$$$ to "investigate" the ECU chancellor. The people who waited to request video until 7pm of the night the video was supposed to be deleted.)

Par for the course since the Spellings administration tbh





The "if" in there is doing a *lot* of heavy lifting





Interesting tangent: is there any cause of action against either the SCV or UDC for basically buying a cause of action that netted them $2.5M? Barratry? Champerty?





Multi-tweet response to a DM'd q about my use of "UNC" vs "UNCCH":



➡️ UNC == the consolidated University of North Carolina (sometimes called the "UNC system"), the name for North Carolina's public universities created under Article IX Section 8 of our state's constitution



1/

The UNC / "UNC system" has 17 institutions: 15.5 universities, 1.5 residential high schools (Science & Math + School of the Arts)



It also houses things like UNC-TV, UNC Hospitals, etc



And it gets a lot of regulatory powers from the Legislature (e.g. for-profit uni regs)



2/

We call it "consolidated" because it was established as a unified University in 1972, when all publicly-funded universities in NC (UNC Chapel Hill, NC State, The Women's College at Greensboro, etc) were all brought under the same umbrella



3/

(I try to avoid calling it "the UNC system" – with little success – b/c many years ago when I sat on its governing board I had a long talk with Bill Friday, the first Pres of the consolidated UNC, who had strident and detailed thoughts on why it shouldn't be called "a system")

4/

The consolidated University is overseen by a Board of Governors



The selection process recently changed so the membership varies, but it's 24 voting members are comprised of:

➡️ 12 people "elected" by the North Carolina Senate membership

➡️ 12 "elected" by the House



5/

There are also a variable number of ex officio non-voting members:



➡️ the President of the University of North Carolina Association of Student Governments



➡️ any BOG member who serves 1 full term as Chairman



➡️ any BOG member who has been the elected Governor of the State



6/

The BOG chooses the President of the University, who handles the day-to-day running of what used to be called UNC General Administration



It recently got rebranded as "the UNC System Office" (a horrific name for a bureaucracy that I generally refuse to use)



7/

The University President hires the senior-level staff at UNCGA, including people like the General Counsel



The President also chooses the Chancellor who runs each individual institution, subject to a vote of approval by the BOG



8/

Each of the 17 institutions has its own Board of Trustees to help provide oversight of each campus



The selection process for that recently changed too of course 😑



9/

There are 13 voting members on each Board of Trustees:



➡️ 8 chosen by the Board of Governors



➡️ 2 chosen by the State House



➡️ 2 chosen by the State Senate



➡️ the Student Body President



(The 4 legislature picks used to be made by the elected Governor of the state)



10/

I know that all seems quite convoluted, but in practice it's a rather elegant shared-governance model



Think of the BOG as providing the high-level strategic plan, and each BOT working with each campus to implement it



BOT steers the ship; BOG sets the destination



11/

➡️ UNCCH == the University of North Carolina at Chapel Hill, one of those 17 institutions of the consolidated University of North Carolina



It was the first public university in the United States. And, until consolidated in 1972, was the only "UNC"



12/

So 99.9% of the public sees "UNC" and assumes you're referring to the individual campus in Chapel Hill



I usually append the "CH" because it's a totally separate entity from the consolidated 17-campus University of North Carolina. Different personnel, different powers, etc



13/

UNCCH is where the Silent Sam statue was located



We've talked a bit about it before, including this thread-of-threads from January (also about Silent Sam)



14/



I'm sure there was at least some minimal in-the-looping of the UNCCH Chancellor and UNCCH General Counsel and UNCCH Board of Trustees on how this would all shake out



But this was a UNC President / UNC General Counsel / UNC Board of Governors-led settlement



15/

So keep that in mind while you're being (totally appropriately) outraged



To an extent, this outcome was forced by UNC system leadership upon the 1-of-17 UNCCH institution



16/16

Having been around it for years – both as an agitator and then as a BOG member – I appreciate the different foci. UNCGA does a lot of things that individual campuses couldn't do well and would require spin-off bureaucracies anyway









Once upon a time, I'd have told you the lawyers working for the UNC system were some of the best in the state



After the past two months... no comment





Can't be "citizens" of a country that didn't exist ❤️





Certainly sounds like the University of North Carolina sold Silent Sam to the Sons of Confederate Veterans for negative $2.5M





I was today years old when I discovered @KevinMKruse was a UNCCH alum, I regret not knowing this sooner 😂





Except the colonies won tho 🙃





I doubt it. You'd need new legislators to get new BOG members, and the BOG is the only group that can fire the University President (who in turn is the only one who can fire the University General Counsel)



They'll all skate, and keep getting paid $$$$$$





The Klanners know their most zealous defenders are dying of old age, so they make an effort to propagandize on social media



You should see some of the 💩 they put on Facebook!





Exactly my reaction. I can only imagine how many black folks be insisted "violated probation" while he was busy helping the Klanners get $2,500,000.00 of public money



Welfare queens









More likely Twitter's algorithm wanted us to stay friends so the tweets never crossed my timeline 😉





Legit LOL 🤣





Actually the Civil War was fought over slavery. It was even explicitly noted in several states' declarations of secession



@KevinMKruse covered this well





Slavery wasn't "all over the United States." And it was definitely a Southern thing, since white plantations wouldn't turn as much of a profit if they had to pay for labor



You're terrible at this





Can you imagine waking up one day and thinking "It would be a great idea to take $2,500,000.00 from our educational system and instead give it to people who don't understand basic American history so they can build a Klan mausoleum"?



Me neither

Because rest assured, it'll be people like Pamela building that Klan Hall



With your money

It's all gibberish. Meth and white nationalism are a potent combination.





Tough comparison. The flavor of stupid is different, but the absolute value is comparable





I'm shocked (shocked!)





We know. You're immune to facts, as all proud Klanners are



Now shoo and let the adults talk in peace





Sherman didn't 👏 go 👏 far 👏 enough 👏





Past thoughts on General Sherman:





In response to a media DM: all reporters (and professors and antifa and etc) are free to use everything I've tweeted, including the VCAP screens. Credit is appreciated, but not expected. I'm more concerned about making sure taxpayers understand the levels of f*ckery at play

Funny how Klanners have an awful lot to say, right up until people start responding

RTs of all pages of the consent judgment, obtained from @WRALSarah, are incoming



Thread starts here:



It's interesting that this consent judgment was signed by Interim President Bill Roper, UNC Board of Governors Chairman Randy Ramsey, & Womble Bond Dickinson attorney Ripley Rand (UNC '90, UNC Law '95)...



...but no one from the Attorney General's Office?





Sure seems like the taxpayer-funded leadership at UNC General Administration didn't want the Attorney General's Office involved... 🤔

In response to DM'd questions:



➡️ Yes, Superior Court Judge Allen Baddour is the son of former UNC Athletics Director and former state legislator Phil Baddour



➡️ Yes, Womble Bond Dickinson attorney Ripley Rand ("defending" UNC) is the son of former state legislator Tony Rand





I had not, thanks for sharing!





Based on @WRALSarah's tweets, there's some pro forma verbiage about a contract between UDC and SCV transferring ownership of the statue (even though it was supposedly a gift to UNC ages ago?)



Seems like SCV purchased a cause of action? And hit the lotto!





This is... amazing. A word in a dedication speech taken as a binding contract!





I will note, for the record, that the UNC General Counsel did *not* attend law school at either UNCCH or NCCU



Because if he did, I'd be embarrassed

You are correct: President Roper signed the settlement before the lawsuit was filed





At the reporters? Not at all. Genuinely thankful, because none of the other articles I'd read had mentioned it



At the SCV that hit a publicly-financed lottery after buying their cause of action from UDC? Absolutely





I hadn't even considered that angle. How much propaganda can they fund every year off $2.5M at 5%+?





One more thing, @peterjandringa: UNC system Interim President Bill Roper signing on 11/26 means he

OK'd the result before the Board of Governors Governance Committee ever met



I wonder if the Open Meetings Act was violated in hashing this all out? 🤔





I'd assumed it was a typo, but in looking at the notary stamp on Page 25 you're right – BOG Chairman Randy Ramsey agreed to the Klan Annuity on 11/22, UNC system President Bill Roper agreed on 11/26, then the lawsuit was filed on 11/27



🤔🤔🤔





Soooo it looks like I need to amend this prior tweet based on this new information 😱





Updated timeline:



➡️ UNC Board of Governors Chairman Randy Ramsey approved the Klan Annuity settlement on 11/22



➡️ UNC system Interim President Bill Roper approved the Klan Annuity on 11/26



➡️ The BOG Univ Governance Committee approved the Klan Annuity at ~10:00am on 11/27



1/

Updated timeline cont'd:



➡️ Then the lawsuit was filed on 11/27 at time unknown



➡️ Then UNC was served on 11/27 at 11:00am per VCAP



➡️ Then the Answer was filed on 11/27 at time unknown



➡️ Then the consent judgment was entered on 11/27 at 11:17am per filestamp



2/2

I've gotten several questions about procedure, and the short answer is I have no clue because this all seems wildly illegal but we have incomplete information



Let's start with the NC General Statutes



The Atty General's Office should've been in the loop





Consent judgments against the State and its agencies are governed by NCGS §114-2.1 and -2.2



Nothing obviously illegal here so far as I can tell

The use of private counsel is limited in NCGS §114-2.3



I'd be interested in seeing the scope of the agreement the AG's Office authorized UNC General Counsel Tom Shanahan to enter into w/ Womble Bond Dickinson 🤔



(The law firm where, you'll recall, he's interviewed for a job)

Settlement agreement restrictions are in §114-2.4



This is why you've seen so much emphasis on "non-state funds" – normally the Attorney General's Office would have to approve the agreement



(The Attorney General, you'll recall, is a Democrat)

So that's the AG's Office



Let's switch over to the University



The Board of Governors is Part 2 of Chapter 116

It's a dense set of statutes, but basically the BOG has all the power when it comes to property and $$$ on a constituent institution's campus



And they can delegate power to their own committees

Which brings me to The Code of the University of North Carolina and the UNC Policy Manual, the key administrative documents that govern how the University operates



We talked about them before in regard to DUI Dan and the attempted cover-up:





The BOG committees are established in The Code under §100.1.3...

...then University Governance is specifically established as a standing committee under the next section

Then we hop over to the UNC Policy Manual, Section 200.5



Which points out that only the full Board of Governors can settle potential litigation, except in limited circumstances delegated to the University Governance Comm



Does 200.5(III)(D) apply? Idk



https://www.northcarolina.edu/apps/policy/index.php …

Either way, it would seem one of two possibilities happened:



1️⃣ The full BOG approved the Klan Annuity in an earlier closed session and we just didn't know about it, or



2️⃣ The settlement was procedurally detective



1/

2️⃣(a) If approving the settlement was *not* delegable – if 200.5(III)(D) does not apply – BOG Chairman Ramsey can't sign off before full BOG vote



2️⃣(b) If settlement *was* delegable – 200.5(III)(D) applies or it was referred to comm by vote – Ramsey can't sign pre-comm vote



2/2

(Or I suppose theoretically the BOG and/or Governance Committee can retroactively ratify a defective settlement, but ffs what a total clown show to be at that point)

Lengthy analysis from UNC School of Law professor @elmunc incoming, starts here:





Fuuuuuuuuu



Too late for me to unwind all the tweets and fix it 😩 Autocorrect is hard on lawyers





Do y'all know how big an F I'd have been given in Contracts if I made this argument on an exam?



I feel like I'm living in some legal bizarro world





I am: it absolutely was not



They could have hired a 3L and gotten better defense



This was a willing shakedown





Part of me also wonders if this was why Harry Smith abruptly resigned from the Board of Governors



Did he know there were Shanahan shenanigans afoot? 🤔

👊





This made me smile 😂





"State funds" are anything coming from the General Assembly to the campus; basically general appropriations + tuition money (which goes from campus to NCGA first)



Non-state funds are the rest. Unrestricted donations, investment $$$, patent royalties, etc





I talked a little about the "backfill" process in the earlier separate thread about the settlement, @hankgillette -- that snippet starts here:





A total failure of leadership, and arguably a breach of the fiduciary duty that President Bill Roper and General Counsel Tom Shanahan owe to the public





We have a Public Records Act under Chapter 132 of the General Statutes: https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_132.html …





News stories on this –



➡️ @indyweek:



➡️ @BoingBoing:



➡️ @dailytarheel: https://www.dailytarheel.com/article/2019/12/scv-lawsuit-1202 …



If y'all see new ones, let me know so I can share them!

I guess we'll find out tomorrow 😂



Y'all will have to let me know, I'll be in court in Chatham trying to help one of the victims of the Pittsboro Klanners





The short answer is I have no idea 😞



Presumably there would be 2 possibilities: the Attorney General's Office, or the NC General Assembly attorneys



But they'd have to file a motion to set aside the judgment along plus a motion to intervene. Hiiigh bar





The AG's Office would theoretically have the ability to challenge procedural improprieties alongside failure to comply with the monument statute



NCGA attorneys would only be able to attack non-compliance with the monument statute, on theory that NCAGO is declining to enforce it

Unfortunately your options are limited there too: the President is temporary, the General Counsel is already interviewing for another job, and the BOG members are beholden only to their legislator-benefactors



I'd focus on the AG's Office for now





Not just an alum: the son of UNC's former Athletics Director





It is



If any racists ever wanted a chance to make a tax-deductible donation to the Klan, they can just give unrestricted donations to UNC tomorrow 🤦‍♂️





Bonus to the probation officer who runs the SCV: he can hire himself to provide security services to the Klan Mausoleum, and it's an allowable expense under the consent judgment



Dude can pay himself $125K per year just off the interest on the $2.5M

I'm a pessimist when it comes to University f*ckery



Only plausible way I see this being undone is if Attorney General Josh Stein moves to intervene and to set aside the judgment, Baddour denies it, and it goes up the chain on appeal





It's not their statue; the University could melt the thing into scrap if they wanted.



But getting rid of it is at least arguably preferable – setting up a $2.5M Klan Annuity, though, should be criminal





Oh it's total wishcasting on my part, odds of happening are <1%



I doubt anyone at the Attorney General's Office lifts a finger tbh





And the signatures on the consent judgment happening days before the suit was filed – before the BOG Governance Committee even met to approve the settlement – confirms they deliberately timed it like this too



It's gross





Generally yes, though the judge is also supposed to ensure the Consent Judgment complies with the law



Misrepresentations in the agreement are unlikely to be sniffed out though





Two questions I'd like answered:



1️⃣ How much did Womble Bond Dickinson make "defending" the University here?



2️⃣ How much did the SCV attorney make? Particularly just to sign some docs that seem to have been cobbled together by UNC?

Just got the victory statement from Kevin Stone, Grand Wizard of the SCV (and Chatham County Probation Officer)



And my God the guy is verbose af

Victory Statement from Kevin Stone, Grand Wizard of the North Carolina Division of the Sons of Confederate Veterans, on the new UNC Klan Annuity



Part 1 of 5

Victory Statement from Kevin Stone, Grand Wizard of the North Carolina Division of the Sons of Confederate Veterans, on the new UNC Klan Annuity



Part 2 of 5

Victory Statement from Kevin Stone, Grand Wizard of the North Carolina Division of the Sons of Confederate Veterans, on the new UNC Klan Annuity



Part 3 of 5

Victory Statement from Kevin Stone, Grand Wizard of the North Carolina Division of the Sons of Confederate Veterans, on the new UNC Klan Annuity



Part 4 of 5

Victory Statement from Kevin Stone, Grand Wizard of the North Carolina Division of the Sons of Confederate Veterans, on the new UNC Klan Annuity



Part 5 of 5

Worth noting:



➡️ Looks like the SCV gets a new Klavern as part of the deal



➡️ They intentionally obscured the standing issue



➡️ They really wanted this to hurt the University



➡️ President Bill Roper and General Counsel Tom Shanahan worked with the BOG to make it happen

Bonus: according to the statement the SCV just released, UNC leadership *reached out to them* about a settlement





Actually, it was the University. It just happens "the University" means something other than what you think it means



We also covered it mid-thread yesterday





Not sure about WRAL, but I'm taking my scanner over there shortly to scan it in myself





This is incorrect (unless there's new info not yet shared)



The UNC Board of Governors made the decision, not the UNCCH Board of Trustees. It was signed by System Interim President Bill Roper and System BOG Chairman Randy Ramsey





No, one of the recipients forwarded it to me when he saw the Twitter thread





If anyone knows an efficient way to convert a Note to PDF on iOS 13, I'll scrub the metadata and export it to one document

Whaaaatt the f*ck 😂



Working on it now





PDF of the SCV internal statement is linked here:





When I read that line, I was reminded of who knows how many movies where it turns out the elected officials are Klanners





Because I lack your creative flair 😉



#SilentSham it is!





Not I

#SilentSham





Haven't seen the latest episode, but I keep hearing "Beware the cyclops" while reading all this #SilentSham garbage





No, I'm still waiting on a response to the Public Records Act request I filed about the ECU cover-up





I have to give credit to @wqsaves, he came up with it 😆





Oh "$2.5M for a Klan Mausoleum!" was definitely me lol





We don't know yet. The consent judgment terms aren't that detailed; ultimately there is still more legal wrangling to be done on details of the trust





Unlikely. This decision was made by the statewide UNC-system-level leadership, not the individual UNCCH institution. So tough to establish standing





#QTNA





Me too. And I'm generally Tarheel-hostile 😂



But there's no question the alumni – and current students – deserve better than what the current system leadership has provided





Weird, right?





I'm making that the next iteration of my Twitter name tomorrow





I do sometimes wonder what BOG Chairman Randy Ramsey (@rramseyjbbw) thinks about Kevin Stone dunking on him in that letter 🤔





Exactly right. Meaning either 1️⃣ the UNC leadership was *fantastically* ill-advised by their lawyers, or 2️⃣ they were totally complicit





No clue. Truly





True 😕





No one knows for sure yet. Most talked-about source is interest earnings on the UNC endowment, which are unencumbered





The pic here is just A+++ fantastic 🤣





Plus a 6th institution that historically served Native Americans (UNC Pembroke, formerly Pembroke State University)



All six of them have been underfunded per capita vs their peers for generations





Question for @elmunc and/or any of the other professors with a more-comprehensive grasp on CivPro (I know it well but only for practical application)



Lack of standing suggests lack of SMJ. Would anyone (excluding the AG's Office) have a basis for a Rule 60 + Rule 24 motions?

My assumption is they would be denied, and then things would have to get shelled out on appeal

I suspect ultimately we'd really need someone from @NCAGO @JoshStein_'s office to do it though. But I can't reach anyone over there so I'm stuck assuming they're in on it

The "leadership" of our state's university system settled a sham lawsuit by creating a $2,500,000.00 Klan Annuity for the creation of a Klan Mausoleum and funding annual Klan outreach



The settlement was agreed before the lawsuit was ever filed





UNC's communications people are being careful with their wording: they didn't say the Attorney General's Office approved they deal, just that they submitted it "in accordance with applicable law" and there was "no impediment"



1/



I mentioned in reviewing the statutes over the weekend that the AG's Office has no official role in approving these types of deals, so it's likely UNC asked for a narrow opinion on whether something like the monument law would prevent the settlement



2/

@AnneCW

I'd be interested to see the communications between them and the AG's Office



It'd be weird for Josh Stein to support creating a Klan Annuity going into re-election



3/3

@AnneCW

Exactly my thought









I don't think this is correct, from a practical standpoint



Decretal section C(1)'s "facility and grounds to support" the monument is flexible enough to include a new HQ if they're on the same plot of land. No way to stop it





I went ahead and pinned this thread to my Twitter profile so it's easier to find, I guess I'm gonna Threadnought it after all ::sigh::

New story from @dailytarheel, including a full copy of the SCV Grand Wizard Kevin Stone's victory statement



https://www.dailytarheel.com/article/2019/12/sam-settlement-secrets …

That's just publicity exposing the #SilentSham. The deal was already entered and approved by the judge before anyone ever knew it existed 😕





True. But remember, UNC "leadership" *wants* to give $2.5M in education money to Klanners





Because it's a consent judgment, the SCV would just file a motion to show cause and have the University held in contempt for non-compliance, or file a new suit for specific performance of the agreement



I'll tweet my roadmap to undo it later tonight





Funny part is I probably would've let this go if 1️⃣ UNC General Counsel Tom Shanahan hadn't felt compelled to smear me in his efforts to go after @PeterRomary, and 2️⃣ the SCV hadn't gotten Dropbox to suspend all sharing from my account while their fake DMCA complaint is handled

But instead they chose to press their advantage, b/c I'm just a poor country lawyer in a 1-man shop who plays trivia games and tweets in his spare time



Sooo...





Don't know if you noticed, but the entire reason I was able to get people's attention "posting public documents" is because I'd already made my career 😉



Y'all really are dumber than a bucketful of used condoms





They did not. I got a text to watch my back because "they encourage doxxing" and literally LOL'd





Bootlickers

The Moscow Muppet

R. Broly

DUI Dan

#SilentSham



Different flavors of the same CHUDs





No, but a go-between did say several of them were very mad at me



I told that same go-between to tell them all to get f*cked with a pitchfork





Adding this to the main thread as an FYI



IRS personnel are interested in a criminal investigation into the SCV-UNC deal. I'm hoping to make their job easier with your help





You will *never guess* which Grand Wizard of the SCV just had his full victory statement printed in yet another newspaper



(I also thoroughly enjoy @jeffreybillman's opening line 😂)





I will borrow this for next time



Because we know there's gonna be a next time





I think I saw @LawArchive (or maybe it was @InternMikes?) send your tweet to me earlier – I'm not opposed per se, but is there a way to do it with 1 fewer syllable? 🤔





You can follow @greg_doucette.

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