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Trial Practice: Part III - Watching the McCain team can teach you the why and how to give an opening statement.

By Steve Lombardi

This is part three in a short series that examines opening statement strategy while comparing voter reasoning to juror decision-making. Today we pick up again with Sara Palin's progress as a candidate.

Her sophomoric reasoning ability was demonstrated when she answered the questions related to her ability to make foreign policy decisions and why she is qualified to do so. As VP she could become President, just think of Gerald Ford. Sarah Palin actually wants us to believe, because I think she does believe, that Alaska’s geographic proximity across the Bering Strait to Russia gives the Governor of Alaska the credentials to make foreign policy decisions for the United States. This is probably confirmation of what a bad choice she is for John McCain’s running mate. I’ll use the same reasoning as she uses and make an argument that my wife is more qualified than Sara Palin to be John’s running mate.

If the Palin reasoning makes sense to you then it should also make sense that my wife, due to her having lived in Massachusetts, Colorado, California, Iowa, Illinois, Ohio, Rhode Island, Maine, Texas, New York, Michigan, Pennsylvania and Germany is qualified to be the Governor of the aforementioned along with Vermont, New Hampshire, Illinois, Nebraska, Missouri, South Dakota, Connecticut, Minnesota, Wisconsin, Oregon, Nevada, Wyoming, Utah and Idaho, Arizona, New Mexico, Oklahoma, Alabama, Louisiana, Arkansas, Indiana, Kentucky, Delaware, West Virginia, Maryland and New Jersey.

Further, using Sarah Palin’s reasoning; because of living in a foreign country and visiting countries other than the U.S., Barbara could also qualify to be the Prime Minister of Canada, the President of France, the Chancellor of Germany, the Prime Minister of the Kingdom of Belgium and a member of the seven member Federal Council that acts as the head of state of Switzerland. She could also be the President of Mexico since she lived in both Texas and California.

She’s been to Germany, France, Switzerland, and England and Aruba so she’s qualified for leading those countries as well. I’ve left out the refueling stops; so using Mrs. Palin’s reasoning I’m underestimating Barbara’s qualifications.

She’s been to Hawaii and Puerto Rico along with the Bahamas so anything that touches the water of any ocean she could rule.

So let me ask you Sarah Palin, “Knowing you are a heart beat away from the Presidency, will you, if the occasion arises choose Barbara as your Secretary of State?”

By the way, we are spending the next few weeks in Ireland (an island) and I’m wondering what countries that will qualify Barbara to lead? Just so you know Barbara is getting out of the plane. We aren’t just stopping off while it refuels; we are really visiting. Additional qualifications include that Barbara has had a passport since she was 16. And no, her parents aren’t wealthy, didn’t give her a backpack and send her to tour Europe on their dime. In Ireland she’s actually going to touch the Irish dirt, kiss the Blarney Stone, look over the Cliffs of Moher and drink in a Dublin Pub or two. We promise that should we see Russians we’ll shoo them back to Moscow and St. Petersburg. How is this for sounding presidential? “Get out of her you Russians! Go home! Or we’ll send Sara out to shoot your moose!”

Did I mention that Barbara was the 1971 Miss Fourth of July in America’s most patriotic town, Bristol, Rhode Island? Her list of qualifications goes on and on. (I’ve not mentioned her Miss Fire Prevention crown.)

I'd hate to see what a team of John McCain and Sarah Palin will do to the stock market. And as spiteful as you acted with you’re the father of your nieces and nephews, I’d hate to see what you do to Maryline Blackburn for beating you out as 1984’s Miss Alaska and for the simple fact she’s voting for the O guy. Remember the United States doesn't have the oil that Alaska has and has a few more people than does Alaska. During the last census bureau count the population of the state of Alaska was 642,200 ranking it 48^th out of 50 states. Only Vermont (608,827), the District of Columbia (572,059) and Wyoming (493,782) had fewer people. In the year 2000 the population of the United States was 281,421,906.

Now look at the themes being used. Most make little sense. The Republicans contend if we sent the Democrats to the White House they will run up the deficient. The Republicans already did that to the tune of $9.5 trillion. They argue the Democrats will install regulations that will strangle government; John, are you referring to the bankrupt banking industry? You see most of what McCain argues makes little sense, but he keeps saying it because he knows it’s what people want to hear. He’s inoculating them to accept the premise no matter how incredible and deceptive it may be. It may not make sense to McCain either but because the voter (the jury) wants to hear it he continues to repeat it to bolster their confidence.

The same holds true for trials. When counsel during trial continues to say things that make no sense you can not afford to ignore them assuming the jury will see through it. You have to take it on, every time and challenge their consciences.

Let’s go back to Palin. Examining her history clearly demonstrates she is not qualified to be a heart beat away from being the President of the United States. Anyone who thinks that is delusional and fooling themselves by ignoring the evidence. And that’s the point with juries; they fool themselves into believing an unlikely or incorrect outcome by disregarding the facts. And this means every opening statement is absolutely critical.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on October 15, 2008 (boomark / email).