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We never see lawyers for Gov. Swift making public statements for her because they do not want to commit perjury, said the attorney for Mass. Citizens for Marriage yesterday in this statement. Lawyer for MCM Challenges Gov. Swift's Spokesman to Reveal the Lawyer Who Was So 'Dumb" as to Give False Information The spokesman for Gov. Swift, James Borghesani, should reveal which lawyer was so dumb as to give him such "terrible and false" legal advice, says Atty. J. Edward Pawlick, attorney for Mass. Citizens for Marriage. Borghesani told the press last Friday evening, after the SJC released its decision that Sen. Birmingham had violated the state Constitution, that the Governor would look at her options and decide whether it was futile to call the Legislature back for a vote on the Marriage Amendment. "Borghesani never said he had consulted with lawyers and I couldn't imagine that any lawyer had been so dumb as to tell him what he told reporters," says Pawlick. "Therefore, when I wrote a statement, I said it was too bad he had not had time to consult with lawyers before talking to the press. "Then Borghesani blasted a staff member of MCM at the State House this week, saying he had talked with lawyers for half-an-hour before his statement and he wanted to talk to me about it. I called him and left a message, but he has never returned my call. "My question is. 'If he talked to a lawyer who was it? Is there a reason he did not reveal the name of the lawyer?' "Any lawyer would obviously be terribly embarrassed to give false information. Is that the reason he made the statement and not a lawyer? The citizens want to know, 'Who is this mysterious lawyer who hides behind a 'spokesman?'" Pawlick says that any lawyer who does not know about the Legislature's Joint Rule 12A should not be practicing law. The Rule says that the Legislature cannot do anything except routine matters after July 31 unless the Governor calls them back. No lawyer in his right mind would tell the Governor she should wait until she sees what the Legislature does next. Any lawyer would also understand that the SJC went to extreme lengths to tell Gov. Swift that they are extremely unhappy that she waited over four months before doing anything in the matter, and then only to ask the SJC what to do. The SJC hesitates to tell another branch of government what do, according to Pawlick. They assume that she is competent. In addition, any lawyer who does not understand the difference between "law," which is what the SJC gives advice about, and "fact," which is what the Governor does, should not be giving advice. And he should not be citing an old case where the Governor had called the Legislature back three times over a two-year period and use it to decide we are in a state of "futility" here. "Gov. Swift is the first woman Governor in the history of the Commonwealth," says Pawlick. "She should be setting an excellent example of what a woman can do in this high office. What a terrible shame that in a matter of critical importance, obeying our state Constitution, she is flagrantly shirking her duty. "Sen. Birmingham told the Globe in today's issue that Swift was a good Senator and a good Governor. Does this mean that Swift's loyalty still extends to the insiders' clique instead of to the people or the Constitution?" Massachusetts Citizens for Marriage |
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