To paraphrase President Ronald Reagan, “It isn’t so much that Norman Powell is ignorant, it’s just that he knows so many things that aren’t so.”

Apparently, the soon-to-be former North Bay Village Attorney spent his law school years cutting too many classes since he clearly doesn’t understand how government works.

Or pretty much anything else.

As a public service, we here at VotersOpinion have decided to school him on the finer details of civics, ethics, constitutional law, municipal code, and some other stuff rational human beings are required to know.

Norman finally made good on his threat to subpoena me for a deposition in relation to his lawsuit against North Bay Village blogger Kevin Vericker.

It’s so adorable.

His “SUBPOENA DUCES TECUM FOR VIDEO DEPOSITION,” COMMANDS me to appear for a video deposition on January 10, 2019 in his North Bay Village law office, and to bring with me the following:

1) ALL Correspondence, including but not limited to emails, and texts between you and Kevin Vericker between October 1, 2018 and the date of your deposition in this matter that references or relates to Norman C. Powell.
2) ALL Documents relied upon by you for your December 13, 2018 blog article titled, “Norman Powell, VotersOpinion Douche Nozzle of the Year,” published online at Votersopinion.com.
3) ALL Documents which you contend support any of the statements made by you in your December 13, 2018 blog article titled, “Norman Powell, VotersOpinion Douche Nozzle of the Year,” published online at Votersopinion.com.

Norman, Norman, Norman.  We’re at a complete loss for words at just how dumb you are.

Nevertheless, let’s begin your re-education with a few simple lessons.  Listen and learn.

Lesson #1: How the First Amendment works

Norman’s “COMMAND” that I produce correspondences between Kevin Vericker and myself is not only adorable, but improper.

The First Amendment to the United States Constitution was adopted on December 15, 1791 as part of the Bill of Rights (the first ten amendments to the Constitution), and reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

According to the American Civil Liberties Union, “The freedom of the press, protected by the First Amendment, is critical to a democracy in which the government is accountable to the people. A free media functions as a watchdog that can investigate and report on government wrongdoing.”

The ACLU also stresses, “When press freedom is harmed, it is much harder to hold our government accountable when it missteps or overreaches.”

Florida’s media shield law , which was upheld by the Florida Supreme Court in 1998, “protects both the identity of sources and unpublished information acquired or prepared during newsgathering, such as notes and outtakes” (see Digital Media Law Project).  While this law specifically refers to the rights and protections of “professional journalists,” the DMLP notes, “Florida courts have confirmed that a common law privilege … may offer protection for amateur and non-traditional journalists.”

Furthermore, in 2014 “a federal court ruled that bloggers are journalists—at least when it comes to their First Amendment rights,” as reported by The Atlantic in U.S. Court: Bloggers Are Journalists.  The Ninth Circuit Court of Appeals “found that even though someone might not write for the ‘institutional press,’ they’re entitled to all the protections the Constitution grants journalists.”

And finally, good old Norman is still obviously confused.  Unlike a public employee, whose emails and texts regarding government business are a public record, as a private citizen, my private correspondences are none of his business.

Assuming any emails or texts between Kevin Vericker and myself that “references or relates to Norman C. Powell” even exist (you’re still not that important, Norman), I am under no obligation to turn them over to him.

Yes, Norman.  That’s how the First Amendment works.

Lesson #2: How the Second Amendment works

The Second Amendment to the U.S. Constitution, also ratified on December 15, 1791, reads, “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

As a gun totin’ lawyer, who is licensed to carry a concealed weapon in Florida, Norman is apparently well versed in the Second Amendment.  As such, a gun owner is also responsible for knowing and obeying all the laws pertaining to concealed weapons and firearms, whether state or federal.

The Transportation Security Administration, for example, is tasked with enforcing the law regarding the transporting of firearms and ammunition, which states, “You may transport unloaded firearms in a locked hard-sided container as checked baggage only. Declare the firearm and/or ammunition to the airline when checking your bag at the ticket counter. The container must completely secure the firearm from being accessed. Locked cases that can be easily opened are not permitted. Be aware that the container the firearm was in when purchased may not adequately secure the firearm when it is transported in checked baggage.”

While citizens have a constitutional right to keep and bear arms, they also have the responsibility to obey the laws of the United States of America.

Lesson #3: How municipal charters work

When the North Bay Village Mayor and Commission contemplated firing him, Village Attorney Norman Powell retaliated by filing an ethics complaint on behalf of the Village against Jose Smith, who was hoping to take his place.  He followed that stupid move with terminating the Village’s contract with its outside counsel – and Jose Smith’s employer, Bryant Miller Olive, P.A.

Norman then hired the firm of Kuehne Davis Law to represent North Bay Village in his frivolous complaint against Jose.

Nothing in Norman Powell’s employment contract authorizes him to unilaterally hire an outside law firm.

Furthermore, the Village Charter clearly delineates the following:

• Section 3.01(B) states, “The Commission shall appoint the Village manager, Village clerk, Village attorney and all consultants.”  It does not say that Norman is allowed to appoint consultants.
• Section 3.06(H) states, “The duties and responsibilities of the Village attorney shall be those as provided in this Charter,” which gives him no authority to hire outside counsel.
• Section 4.01(G)(12) states that the Village Manager has the power and duty to “Sign contracts on behalf of the Village, when such contracts have been approved pursuant to law and this Charter.”  Norman is not the Village Manager.

In essence, only the Mayor and Commission – not the Village Attorney – can authorize the expenditure of public funds to contract with outside counsel, and it must serve a valid public purpose.

By violating the laws of North Bay Village, it’s clear that Norman Powell is unfamiliar with its Charter.

Lesson #4:  How Florida Bar Rules work

By violating the Florida Bar Rules, specifically Rules 4-8.4(b), (d), and Comments thereto, Misconduct, which state:

“A lawyer shall not:

“(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects;”

And:

“(d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic;”

And most importantly:

“Lawyers holding public office assume legal responsibilities going beyond those of other citizens. A lawyer’s abuse of public office can suggest an inability to fulfill the professional role of attorney.”

Norman is now subject to Rule 3-4.4 Criminal Misconduct, which reads:

A determination or judgment by a court of competent jurisdiction that a member of The Florida Bar is guilty of any crime or offense that is a felony under the laws of that court’s jurisdiction is cause for automatic suspension from the practice of law in Florida, unless the judgment or order is modified or stayed by the Supreme Court of Florida, as provided in these rules. The Florida Bar may initiate disciplinary action regardless of whether the respondent has been tried, acquitted, or convicted in a court for an alleged criminal misdemeanor or felony offense. The board may, in its discretion, withhold prosecution of disciplinary proceedings pending the outcome of criminal proceedings against the respondent. If a respondent is acquitted in a criminal proceeding that acquittal is not a bar to disciplinary proceedings. Likewise, the findings, judgment, or decree of any court in civil proceedings is not necessarily binding in disciplinary proceedings.

And, yes, the Florida Bar has already been notified and will be investigating.

Just saying.

Lesson #5: How the internet works

In his subpoena, which he filed with the Court, Norman is COMMANDING me to give him all documents that I relied upon for in my “December 13, 2018 blog article titled, ‘Norman Powell, VotersOpinion Douche Nozzle of the Year,’ published online at Votersopinion.com,” and all documents that support the statements I made in my “December 13, 2018 blog article titled, ‘Norman Powell, VotersOpinion Douche Nozzle of the Year,’ published online at Votersopinion.com.”

I don’t know about you, folks, but I find it hilarious that there is now a public record filed in the Circuit Court of the Eleventh Judicial Circuit of Miami-Dade County, Florida, announcing that Norman Powell is an award-winning Douche Nozzle, an accolade he can now add to his 1,447 word profile that he had published on the websites of both North Bay Village and the Village of El Portal.

Speaking of which, Norman should add “egomaniac” to his overly long, drawn-out list of “accomplishments,” in a profile literally ten times longer than the bios of the attorneys for Miami-Dade’s 32 other municipalities.  Even the profile for the County Attorney is only 302 words.  Talk about tooting his own horn!

And yet, for someone who’s so important, and so accomplished, he still doesn’t know how the internet works.

All he had to do to get the documents I relied on, and that support the statements I made, in my “December 13, 2018 blog article titled, “Norman Powell, VotersOpinion Douche Nozzle of the Year,’ published online at Votersopinion.com,” is CLICK ON ANY ONE OF THE FREAKING LINKS!

Or, to be more precise, the hyperlink, which Merriam-Webster defines as “an electronic link providing direct access from one distinctively marked place in a hypertext or hypermedia document to another in the same or a different document.”

Seriously, Norman.  That’s what the links are for.

You simply click on them and- voilà! – documents appear right before your very eyes.

Unlike you, Norman, I’m not one to brag on myself.  But do I take great pride in sourcing my material and providing all supporting evidence for my statements, such as websites and actual documents, at the click of a mouse.

You don’t need a subpoena for that, Norman.  You just have to know how the internet works.

Lesson #6: How Christianity works

Religious people usually blame the Devil when they mess up or when things go wrong.

Norman’s excuse for trying to sneak a gun onto an airplane?

Jesus made him do it!

Seriously.  Can’t make this stuff up.

In Strip Club Lawyer Attends Christian Retreat, Packs Gun, Turns Out Badly, North Bay Village blogger Kevin Vericker posted a letter to the Miami Herald editor from Norman’s crony and “partner in crime,” former Mayor Connie Leon-Krepps, in which she wrote (among other nonsense):

While he had a valid concealed firearm permit, in his haste to catch a plane for a Christian retreat, he forgot to put the handgun in his under-the-plane luggage.

Which prompted Kevin to opine:

Norman was in such a hurry to get to his Christian retreat, where apparently you are expected to be armed, that he totally forgot he was packing heat.

Seems legit.

Do yourself a favor and go read Kevin’s blog and laugh your butt off.

(Hey, Norman.  Now that you’ve learned how the internet works, you can read it, too!)

In the real world, Christians enjoy knowing that they are forgiven because the Bible teaches them that Jesus died for their sins.

True believers find comfort in the blind faith that they’ll be walking through pearly gates with their fellow Christians, instead of spending eternal damnation in hell with unrepentant sinners as colleagues.

But, there’s a catch.

True Christians know that having faith is only half the battle.  According to the Bible, they also must strive to live a godly lifestyle.

We could be wrong, but we’re pretty sure that lobbying for strip clubs, using the courts as a weapon, conspiring with corrupt politicians, lying to get out of trouble, never taking responsibility (we could go on and on), hardly qualifies as a godly lifestyle.

Since Norman is not quite clear on the concept, we thought we might as well contribute to his spiritual journey by quoting a few of our favorite scriptures for him to study and learn:

Have nothing to do with irreverent, silly myths. Rather train yourself for godliness. – 1 Timothy 4:7

If anyone thinks he is religious and does not bridle his tongue but deceives his heart, this person’s religion is worthless. – James 1:26

No one can serve two masters, for either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve God and money. – Matthew 6:24

We also did an exhaustive search and could find no biblical reference about the virtues of bringing a gun to a Christian retreat.  But, we’ll keep looking.

Norman Powell’s misguided interpretation of Christianity aside, his biggest problem yet may be defending himself from perjury charges arising from the false accusations he made under oath in his bogus ethics complaint filed against Jose Smith.

Jesus may love you, Norman, but the rest of us not so much.

As for Norman’s abuse of process by serving me with a subpoena seeking discovery for an unrelated, yet unfiled matter, we’re just gonna sic our lawyer, Mike “Pitbull” Pizzi on him and watch him do his thing.

While we keep the corn popping.

Stephanie