Missing Witches - June 20, 2020


Justice!! Litha 2020 with Melissa Bekisz and Pamela Muñoz

Topics
Juneteenth! with Caress Scarbrough, Lindsay Braynen and Monefa Walker Acid Drag and Sexual Anarchy with Founding Member of The Legendary Cockettes, Fayette Hauser!!!

Episode Stats


Length

1 hour and 22 minutes

Words per minute

157.65

Word count

13,082

Sentence count

272

Harmful content

Misogyny

4

sentences flagged

Toxicity

27

sentences flagged

Hate speech

19

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
Topics generated with Qwen2.5-3B-Instruct.
00:00:00.880 Hi, Missing Witches Coven. It's your Auntie Amy. Happy Solstice. I thought today we would
00:00:07.960 shine that bright light of the sun onto the idea of justice. It's not just a tarot card.
00:00:15.540 So, I spoke to two lawyers who identify as witches to help me figure out what the fuck 0.82
00:00:24.000 happened to the First Amendment, how we should allocate the funds derived after we defund 0.93
00:00:28.660 the police, and even answer some listener questions. Happy solstice. Happy justice.
00:00:36.320 You aren't being a proper woman, therefore you must be a witch. 1.00
00:00:42.940 Hi Melissa, how are you? Good, how are you? This is so exciting. Yeah, it's really good to talk to 1.00
00:00:50.040 you. We've been sort of communicating online for a while, and when this idea for an episode about
00:00:55.000 justice came up. You were the first person that I approached because you are a lawyer and a judge.
00:01:02.960 Can you give our listeners just a little bit of background info on who you are and what you do?
00:01:08.260 Sure. So I am a real estate and trust and estates attorney. I mainly work with like regular people
00:01:17.080 on legal issues not uh corporations anymore i used to do that and i ran for office and it was
00:01:26.060 i want to say 2017 it was right after trump got elected because our elections in village court
00:01:31.400 are different so we did the elections in january so it was in 2017 yeah so i ran for office and
00:01:39.180 basically um run under a political party but i'm a village justice so the political parties are like
00:01:46.000 the village party. They're not. What is a village justice? What is that? Yeah. So a village justice
00:01:53.600 handles zoning issues, traffic and parking pretty much. There are some village justices that handle
00:02:00.160 more. But my town is very small. So it really is just traffic zoning and parking. So, you know,
00:02:10.120 it's something like someone will come in and there's a lot of like everything I do deals with
00:02:16.500 the public I feel like more than I feel like some other attorneys who are in corporate law and
00:02:22.900 dealing with contracts I'm more day-to-day constantly working with the public so even as
00:02:27.420 a judge so most of the people who come in before me are not represented they're pro se for the
00:02:33.340 self. So I have to be really careful about, I always warn people to speak to an attorney,
00:02:41.560 say they can write to an attorney, I'll always grant an adjournment, things like that.
00:02:45.180 But I think there's like, a lot of times you can see how much like fear people have. And it's like,
00:02:49.820 you have a $35 parking ticket. Like, please calm down. Like, I feel so bad. Like, why are you so
00:02:55.220 stressed? Well, I think a lot of people have like a very terrifying relationship with not just the
00:03:01.600 police but the legal industry absolutely yeah and that's something that definitely like opened my
00:03:09.000 eyes up a lot to that I mean I think I had an understanding of that already based on the fact
00:03:13.520 that I don't come from a family of lawyers I'm the I mean one of my older cousins is an attorney
00:03:18.540 but that's about it and so before going to law school I feel like I had no grasp of the legal
00:03:25.120 system, you know. So a lot of people who come in really don't know what's going to happen. So I do
00:03:31.720 my best to explain as much as possible, do my best to put notices in Spanish as well as English,
00:03:37.600 which the courts are not required to do, which I think isn't fair. And then even, you know,
00:03:44.400 I try to always make sure people have translators if they need one, things like that, which judges
00:03:48.660 are required to do. But I think a lot of times there's budget issues and things like that.
00:03:54.020 um and if someone doesn't if someone doesn't know that they're legally allowed yeah they won't ask
00:04:00.520 or exactly so for me it's always like if you come in even if you're with a friend or something
00:04:05.560 if you're the person the ticket is for then I'm just going to order a translator and have you
00:04:08.940 come back uh I just think it makes sense but I one thing I think that is an issue is with like
00:04:17.120 my traffic court I'll have like very young kids come in who have bad records or you know even just
00:04:25.780 older adults who come in and I'm like you I seriously think you should consider getting an
00:04:29.980 attorney and adjourning just because in New York State especially your record can be so impacted
00:04:35.920 there's like a court case that allows your license to be taken away if you have like three bad tickets
00:04:41.080 so over five points so it's like you need to have an attorney with you and legal aid technically
00:04:48.640 doesn't they don't assign attorneys for that because i think the legal aid budget just needs
00:04:54.620 to like that's somewhere that i think we could drastically improve for access to justice like
00:04:59.420 if the budget was higher for legal aid and more attorneys were allowed to cover more cases
00:05:06.200 then it wouldn't just be legally for tenants and foreclosure and other areas but you know these
00:05:14.720 are important issues too a 20 year old kid with their license with no guidance doesn't realize
00:05:20.580 that having 10 points on his license is a or her license is a bad idea and I'm just gonna pay it
00:05:26.220 and get rid of it and it's like no you should be able to get an attorney to represent you
00:05:30.440 so I mean that was like the first thing I thought of when we talked about this episode that I feel
00:05:35.560 Like, legal aid needs more funding.
00:05:38.220 And do you think that defunding the police force might be a good way to get some of these funds?
00:05:43.720 I absolutely think that.
00:05:44.860 I feel like the police are just given too many jobs.
00:05:49.860 Like, my friends that are teachers, when they talk about how a kid gets out of control,
00:05:53.980 and I don't want to speak for teachers because I'm not one, but we have this discussion all the time.
00:05:58.100 And I think about the fact that they call a cop into the school, and that's no fault of the teachers.
00:06:03.020 That's what they're supposed to do.
00:06:04.200 but it's like, why can't that money go into funding a social worker for the school or go
00:06:11.100 into having legal aid for a kid who, you know, later his record or her record at the age of 20
00:06:18.560 is going to prevent them from getting a certain job because they're going to have that on their
00:06:22.420 record or they're going to lose their license. And it's like, that's what we should be putting
00:06:27.000 the funding into and i you know the cops have too many jobs too many jobs and too many resources i
00:06:36.160 mean they're they're bringing tank tanks to high schools and the teachers can't buy books
00:06:41.880 yes absolutely i totally agree with you yeah it blows the mind yeah so from an from an insider's
00:06:51.020 perspective i had a couple friends who a few friends who went to law school and they told me
00:06:56.120 that it's intentional the um the the disenfranchisement in terms of the language that
00:07:06.720 gets used in terms of the complexity of law um they told me that yeah their feeling is that it's
00:07:13.420 intentional they want people to be disenfranchised they want you to think that you need to pay a lot
00:07:17.660 of money to whatever yeah and that's the problem because oh there's like two barriers i lost your
00:07:23.660 sound oh sorry can you hear me yeah okay so my my question was like is this disenfranchising it's
00:07:30.500 on purpose can you you're nodding yeah I totally agree with that and I think that there's a lot of
00:07:38.160 attorneys who almost want to keep it like you have to come to me for any basic question and look I
00:07:44.860 just opened my own firm and I feel like I almost hurt myself because I'll get on the phone with
00:07:49.440 someone I'll be like oh you know you don't really need me for that you don't really need to pay me
00:07:55.820 for this yeah and I'm like you know that's not really a legal thing but the person would open
00:08:01.660 up their pocketbook and pay for it and I don't really understand that it's almost like you know
00:08:07.120 I want to do work that makes sense and that people feel like after they paid me they don't feel like
00:08:13.140 regret and I think that that's what attorneys should do you should make sure that you're adding
00:08:19.080 value you're not making it more complicated for someone and I think that it's really important
00:08:24.580 like even in contracts to try to use more plain language so that people can understand it and
00:08:30.800 you know I just think that it's overly complicated for no reason but I do think that that is a
00:08:39.700 gatekeeper because it's like one you don't maybe someone doesn't know a lot of attorneys then you
00:08:45.600 finally meet an attorney and then you can't afford to pay for them and then you just have no access
00:08:50.900 to the system and then you try to figure it out yourself and then you get stressed out and there's
00:08:58.860 an impact on your mental health and then finally at the end of the day when you realize that you're
00:09:02.400 going to have a bad result because you did it yourself you're like oh maybe I should hire an
00:09:05.800 attorney and then you spend way too much money trying to fix the issue so I think if it was more
00:09:11.180 understandable and easier than people could go to an attorney and say, okay, I need you for X, Y,
00:09:16.920 and Z and not feel like they had to spend money on the entire. But what I try to do is I try to
00:09:22.940 give my clients options. Like I'll do some landlord tenant work and I'll say, okay, I can do this
00:09:29.160 notice for you, but you can also mail it out yourself if you'd like to. You don't have to pay
00:09:33.120 me, you know, $400 an hour to mail something for you if you don't want me to, you know, especially
00:09:40.340 because I don't have a paralegal yet so it's kind of like that option of like hey here's a template
00:09:45.340 you can pay me for you know going over the template for you but you can send it out until we get to
00:09:50.760 the point that I should get involved things like that and if we had more generalized templates I
00:09:56.320 know again not to return to the police too much we'll go away from them but people talking a lot
00:10:01.760 about how if you get robbed say your house is robbed the police come basically what the police
00:10:06.620 are doing is filling out an insurance form for you so you can make your insurance claim it's very
00:10:11.940 rare that they're going to find the person who took your stuff yeah but you need to call them
00:10:17.800 just to get this capitalist form filled out right so do you think that indeed this too could be
00:10:24.620 replaced by some sort of template that just gets filled in by yeah or even have a social worker go
00:10:31.420 to the scene of the crime and de-escalate it you know not the scene of the crime but like the scene
00:10:35.760 the accent and help someone fill out the form you know yeah like i i've spoken to nurses and and
00:10:44.040 and bartenders and teachers and all of these people who manage to de-escalate situations
00:10:49.440 without shooting someone in the face or murdering them and so it it it's it's bizarre to me that
00:10:57.800 this is this is where but i think that even like in the legal system what's hard is that
00:11:03.960 I don't think people are given enough training on de-escalation, not just cops. Like I think
00:11:09.540 even for myself as a judge, the first time I was on the bench, it was like horrifying. Like
00:11:16.540 if, you know, people are coming in my space, yelling at me. If the guards hadn't been there,
00:11:24.880 I don't think I would have successfully de-escalated it. And thank God I have these
00:11:29.760 wonderful volunteer guards who come in I don't think they're armed at all but they just stand
00:11:35.900 between us and tell people to back up but that first night I like I think I had someone scream
00:11:41.660 at me that like my village was more corrupt than the entire country of Russia which was because
00:11:47.020 he got a $35 parking ticket which I don't actually agree with that statement that he made
00:11:53.280 but and especially because um when I was elected I was 27 so there's a lot of men who come in who
00:11:59.420 we're not happy that they see a young woman on the, you know, on the stand. And if I wasn't
00:12:05.860 someone who practiced witchcraft or did Reiki, I feel like I wouldn't know how to create barriers
00:12:12.800 and do those things. So let's get into that. Tell me about the intersection of witchcraft
00:12:17.980 and lawyership. Yeah. So it's really funny because the first time when I was first in court right
00:12:23.720 after doing reiki training it my level one i remember how you guys always say like when you
00:12:31.960 go looking for witches you find them everywhere yeah first time i was in court after my reiki one
00:12:38.660 training i'm in the bronx and i see this judge and she's wearing these crystals and i'd never
00:12:44.820 noticed it before i'd appeared before her in the past and i was on this matter i knew opposing
00:12:49.620 counsel. We were friends and he walks away. And I said to her, I was like, is that tourmaline or
00:12:56.240 whatever I asked her? And she was like, yeah, like, it's really good. And we got into talking
00:13:00.580 and I was like, you know, I just went for my Reiki one. I was like, I'm actually a judge as well.
00:13:04.300 She was like, okay, if you go on the bench, these are the stones you have. She goes, do these. She's
00:13:09.680 like, you have to go for Reiki two. So you know, the symbols, put these symbols on your bench.
00:13:13.720 She was like, this is what you have to do. And I was like, this is amazing. And of course,
00:13:18.760 opposing counsel my friend was like are you still talking about the case should I come back and she's
00:13:22.220 like no no no no give me a minute it was awesome like and it was like of course like literally the 0.86
00:13:28.700 day or two days after going for reiki training I meet another judge who's a reiki master and a witch
00:13:35.940 and it was like of course of course like now that I'm open to it which I mean I was always open to 0.99
00:13:41.480 it but now that I'm like actively like thinking about it and more attuned yeah yeah that's I mean
00:13:48.360 everything is there yeah you know everything is always there you don't see it until you start
00:13:53.920 looking for it absolutely and then once you start looking you think it's everywhere yeah because it
00:13:59.080 is so do you find like this this um judge that you were talking to was a woman oh yeah i i assume
00:14:08.720 yeah i think you said she a bunch of times but i just wanted to double check so do you find that
00:14:13.620 there's a difference between uh like um how much we know there's racism in the law how much sexism
00:14:20.280 do you see in the law you said oh god so showing up being angry that there's a young female judge
00:14:25.340 who's going to judge them and what else yeah I think there's a lot especially um to be honest
00:14:32.100 when I would I would when I first got out of law school I would appear in a lot of cases in
00:14:38.500 upstate New York because you're a young attorney do the traveling bill and it would make me so 1.00
00:14:45.040 angry because that's where I felt like I was the only young woman attorney it was all old white men
00:14:52.940 who had been practicing law for 50 years probably had like a monopoly on it in their town and I
00:14:58.820 remember I was in like the I don't even know where upstate New York and this attorney like
00:15:04.040 called me beautiful on the record and was like oh like like on the record and was like oh your
00:15:11.800 firm should always send like you up here and I'm like looking at the court reporter and the judge
00:15:16.780 and I was like are you gonna tell him to shut up I was like are you putting this down on the record
00:15:21.040 I was like what's going on here and you know I couldn't and the judge was like yeah you should
00:15:27.880 stop and I was like well I'm so glad I had to speak up for myself at the age of 24 like
00:15:33.220 you couldn't do it like I feel like if I had been the judge I would have been like contempt you're
00:15:38.220 out of here because I think you're special people think that um that telling you you're beautiful
00:15:45.920 is a compliment but really what they're saying is I'm judging you based on your looks yeah and
00:15:50.140 it's like I'm here to do a job like that has nothing to do with yeah and my whole thing was
00:15:55.760 that whenever I would go upstate I would say okay I need to you know ask people where's a great spot
00:16:04.340 for lunch in your town and really take an interest in where I was so that it wasn't like I was just
00:16:10.360 someone coming down from coming up from the city and being like oh I'm just here to do work and I'm
00:16:15.080 you know I don't I'm not interested so it's like I'm always taking the time to talk to opposing
00:16:19.920 council and establish that relationship and I was just like so offended that then we get on the
00:16:25.720 record and he started saying stuff like that so you know because trust me I love the woods I love
00:16:32.080 areas that aren't populated so but that also makes me nervous about the more you know the more rural
00:16:42.200 somewhere is the less access to justice people probably have and the less because to me on Long
00:16:49.340 Island and in New York, there are a diverse group of attorneys and you can, you know, approach
00:16:56.020 people in the court. And I feel like in those rural areas, sometimes I was like, how is this
00:17:01.380 approachable for anyone who lives in this area? You know, it's been the same people for the last
00:17:05.860 50 years who know exactly what they're doing. And I feel like it must be even harder. It would be
00:17:11.640 interesting to talk to an attorney out there, but. So what, what would be like your number one,
00:17:18.060 if you were in charge of access to justice for the whole of the United States, what would be
00:17:22.860 your first action? I would love to give more funding to Legal Aid because I think that if
00:17:28.220 more people had the ability to get a free attorney, then they wouldn't try to risk doing things
00:17:35.040 themselves. I remember when I first got out of law school, my best friend, her mom had a tenant
00:17:43.540 and the tenant was literally completely destroying the apartment hadn't paid in weeks and her mom
00:17:49.940 that was really her only income and she really needed it and it just happened that like when
00:17:55.280 all of katie's my best friend's siblings were younger they you know her dad had built an
00:18:01.300 apartment it wasn't like they were you know these wealthy landlords and i reached out to legal aid 0.99
00:18:06.660 and i was like you need i need an attorney for this woman and they wouldn't give her one
00:18:13.080 because they were like we don't represent landlords and it's like I understand but this
00:18:18.780 isn't the same kind of situation and I know that landlords are typically not the ones who need
00:18:24.660 funding but sometimes they are and I think that then she had a situation where someone was in the
00:18:30.460 house for like six months and she didn't have the money so I think that there needs to be more
00:18:36.520 access for people for traffic tickets for you know landlords who can prove that they need the help
00:18:42.220 that someone's taking advantage. Um, but I think, you know, I understand why legal aid only sticks
00:18:49.880 to tenants now that I've been more involved in the system. I get it. Uh, but basically that means
00:18:57.180 that people who do need access to the legal system and do need help have to rely on attorneys who
00:19:02.240 will do pro bono work only instead of being able to go to legal aid. And do most attorneys do some
00:19:09.740 pro bono or not really even I'm not sure I feel like there's attorneys who you know it's hard at
00:19:18.440 the sole practitioner and mid firm level when you work at a in big law I think they do a lot more
00:19:25.660 I've never worked in big law but I I've heard that like they give them the ability to do extra hours
00:19:31.880 um but it's hard for like mid-sized firms and solos to have the insurance coverage and have
00:19:39.200 the money to be able to do it because i mean most people when they get out of law school have six
00:19:43.280 figure debt yeah so it's like you need to start earning even for me like my pro bono work is like
00:19:51.700 helping a friend's mom out or helping you know seeing where i can help the community in some
00:19:57.300 way or like saying to protesters i'll represent you because as a judge i'm not allowed to go to
00:20:01.460 protests so you know saying okay if someone gets arrested let me know and i'll be there
00:20:07.180 and can we can we put that information in the show notes a lot of our list most of our listeners are
00:20:13.120 american so they can legitimately reach out to you like on long island then i will help them yeah
00:20:17.980 the city's a little far from where i live right now but that's okay if you're on long island
00:20:23.080 yeah so let's talk about now about district attorneys because this is uh uh um an elected
00:20:31.340 position we hear a lot about you know voting for the president we don't hear a lot of you mean
00:20:36.880 just DAs no oh the district attorneys yeah yeah yeah DAs so how come we don't hear anything about
00:20:43.600 voting for DAs it seems to me that they would be responsible for a lot of um suggestion of
00:20:49.280 sentencing for example and a lot of things that really would affect people's lives post arrest
00:20:54.120 every court is different there are some courts where you're elected and some where you're
00:20:59.180 appointed so I don't know if all DAs are elected because I think a lot of them are also let me say
00:21:08.180 so this this could be something this could be something that our listeners might have to
00:21:12.240 research for their own local kind of yeah yeah in some areas they can be elected and some areas
00:21:19.240 they can be appointed so I know that like in Queens there was an election but I don't know
00:21:28.960 again i mean you're a lawyer and you don't know and this to me like really really speaks to like
00:21:34.840 the level of complexity going on that's that's doing this gatekeeping yeah and also because i
00:21:39.460 don't handle criminal law so i don't do anything in criminal law i won't touch it um i would love
00:21:46.440 to my one of my very close friends from law school is a da and an ada and she knows what 0.75
00:21:53.440 she's doing so she probably hit me over the head for not knowing is she a witch too no no well 0.79
00:22:01.540 sorry girl okay let me change lanes here um i'm going to read the first amendment
00:22:08.500 and then maybe you can tell me how over the past 200 years since it was written
00:22:13.580 we've completely missed every single point on it okay listeners ready here we go first amendment
00:22:19.460 of the U.S. Constitution from 1791, 229 years ago. Congress shall make no law respecting an
00:22:31.560 establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech
00:22:37.060 or of the press. Here's where we're going to really get sticky right here. Or the right of the people
00:22:43.240 peaceably to assemble and to petition the government for a redress of grievances so 0.92
00:22:49.060 melissa what the fuck is going on how can we how can you sorry i'm canadian yeah how can we 0.72
00:22:57.000 see this first amendment seems pretty clear it's not this like legal mumbo jumbo it's very clear 0.98
00:23:02.700 language how do we get from the right of the people peaceably to assemble and petition the
00:23:08.200 government to a military enforcement against this? Yeah, I think this is such a complicated
00:23:16.640 question. Yeah, if it were easy. I mean, you go back to the history of the police and why they
00:23:22.700 were established, and then you see what's going on. For those of our listeners who don't know,
00:23:27.780 why were the police established? To bring slaves back to their owners. Thank you. So 0.99
00:23:34.600 when you look at that reasoning and then you see what's going on it's very clear why the first
00:23:42.920 amendment is not dealt with this the way it's written because if you have an institution that
00:23:50.500 is taught to do something a certain way they're going to keep doing that and the problem is i
00:23:57.220 feel really bad for some cops who maybe they don't know how to get out of it i don't know
00:24:03.740 like speak up like say something yeah but then we also see like I I don't have the names in front
00:24:10.400 of me but certainly I could send you a list of cops who who did say something and then were fired
00:24:14.520 absolutely absolutely so I mean I think we're just gonna sit here and moan just like
00:24:22.320 exactly because the institution protects what they were set up to do and it's I mean I think
00:24:32.980 that's why i really believe in defunding the police and you know it's kind of like i always
00:24:39.580 remember like working in corporate america or even in like a mid-sized firm there's like that 0.97
00:24:43.640 person that's like the oh shit person like oh shit nobody does that give it to this person 0.99
00:24:48.520 oh shit nobody does that give it to this person oh shit nobody does that give it to this person 1.00
00:24:52.620 and all of a sudden you realize that mary sitting in the corner does 15 000 different oh shit jobs 1.00
00:25:00.660 has no cohesive structure and she can't manage it all so every once in a while you have to review 0.99
00:25:08.340 everything that mary does all of these oh shit jobs and distribute them to the staff as they 0.98
00:25:15.000 should have been from the beginning and to me that's like the cops they've been established 0.99
00:25:20.400 for the wrong reason then we kept giving them oh shit jobs and like any corporation america needs 0.98
00:25:27.360 to go through what they do and say, wow, checking in on sexual assault victims should be done by a 0.99
00:25:34.920 psychologist or a therapist or a social worker and not by someone who has no experience. And
00:25:42.280 that's, you know, the suicide rate amongst cops is incredibly high. It's not healthy. Like you're
00:25:47.300 putting people in a situation that's also not fair. Like create jobs in other ways. Don't make
00:25:54.600 people feel like they have to be a cop they have to do this because their family always did it
00:25:58.920 have social working social work jobs available have all these other career paths that people
00:26:05.460 could do and train them properly and you know put that money into it and then you don't have 0.99
00:26:12.140 no shit company that's just oh shit the whole the whole system is just oh shit yeah so how are you 0.99
00:26:21.700 feeling these days, like as an insider in the legal profession, are you feeling hopeful or are 1.00
00:26:27.340 you feeling dejected? So it's funny because I feel like a lot of people, when they find out that
00:26:34.140 I'm a witch or that I do Reiki and I'm a judge, they're like, oh, that gives me hope. I'm like,
00:26:38.680 oh, that's so sweet. But that's terrifying that like, but I do like that. You know, I think that
00:26:48.100 there is hope in the system and i think things are changing and i think there's so much more 1.00
00:26:52.900 work to be done um i think it's great that people keep posting like last week was not black lives
00:26:58.360 matter spirit week like we have to do this for a long time everyone needs to understand that yeah
00:27:04.560 yeah and i wish i knew the original person who said that um but it's true it's like this is
00:27:10.100 gonna last for a very long time and we need to make sure we're on top of it and you know keep
00:27:16.140 pressing because it's like Breonna Taylor's um killers have not been brought to justice yet
00:27:22.000 there's so many people and you know I can't wait to be honest I am white and straight and
00:27:28.000 being arrested certainly isn't the end of the story then we have
00:27:33.060 to go through but I have to say that even on a local level that's definitely something that
00:27:39.960 when I have like a young black male come in front of me I make sure that like I'm extra friendly to
00:27:46.900 him and he feels comfortable like that's part of what I do as a judge in the system here here are
00:27:53.080 your options basically like you yeah as much as I'm legally allowed to do within the system and
00:27:58.460 honestly like I really think that like giving people the option and more education on it whether
00:28:04.780 they're coming in and they don't speak English or they're coming in and they have a lot of tickets
00:28:09.120 I think it makes people feel more comfortable when a judge takes the time out. So I think
00:28:13.260 that judges should do that. So that even if you had a scary circumstance, hopefully it isn't at
00:28:20.260 the end. Yeah. It can still be turned around by the end. Yeah. Yeah. Okay. So let's go through
00:28:29.380 again. We are going to defund the police. Absolutely. We're going to put that money into
00:28:37.040 legal aid services and social work therapists and and and our schools of course I think number one
00:28:46.900 is really schools because if schools had more funding then teachers could be able to have more
00:28:54.360 help to continue doing their jobs as well as they do um and then legally so it's like schools and
00:29:01.180 legally and then I think social workers is a part of both of those if you had a social worker in a
00:29:06.580 courtroom or a social worker at a school, then that would make everyone's lives a lot easier.
00:29:12.300 So I'm going to ask two questions. Number one, what is your message to judges and lawyers?
00:29:20.700 Oh, I feel like to judges, it's like, make sure you take the time to look at someone's record,
00:29:29.480 to encourage them to get an attorney. If they don't listen, maybe force an adjournment anyway
00:29:35.500 and say, I'm going to give you time to think about it because you're allowed to do that legally.
00:29:40.620 Include notices in other language in your courtroom so that you're immediately giving
00:29:46.180 people information in a language they understand, depending on your geographic area and what
00:29:52.580 languages would be the most helpful. And then for attorneys, I think do pro bono as much as you can
00:29:58.060 help people out because I think it comes back to you. If you're helpful to people, then people
00:30:03.720 end up wanting to bring you legitimate work that adds value and you can help them with and also
00:30:10.320 try to use plain language as much as possible why aren't we doing that thank you okay so then what
00:30:17.260 is what is your message to witches and lay people who are outsiders like myself who don't work in
00:30:22.720 the legal industry but have this like drive to justice one witches are everywhere um and
00:30:31.000 even in the Bronx and even out on Long Island you could be appearing before another witch so don't
00:30:39.060 worry but I mean I think it's really important to if you're a witch and you're using that
00:30:44.720 identification you're a part of a group that was persecuted and you need to realize that
00:30:49.420 ending white supremacy is part of your job as a witch and can you repeat that please
00:30:54.200 say it again for the people in the back yeah ending white supremacy is part of your job as a 0.86
00:31:00.600 and as a human and you know we're we're we're a white on white conversation right yeah and I
00:31:07.660 know that most of our listeners are white a large percentage of our listeners are white so
00:31:12.700 I think it's okay for us to talk about what we need to be doing personally yeah and to be honest
00:31:19.440 so we have an election out here and I live on the north fork of Long Island and someone ran for
00:31:26.360 office under the stand Black Lives Matter. And she was elected. I really like her. I actually
00:31:32.980 emailed her the other day about something I wasn't happy with. And she responded really quickly and
00:31:38.160 was like, I'm actually on top of this. She's awesome. I'm really excited to have an elected
00:31:42.960 official that I really support. And so Black Lives Matter is part of her platform. And one of my
00:31:49.820 neighbors who is one of the heads of the conservative party said to me there's like 10
00:31:56.840 black people out here why do we need to have the platform black lives matter and I was like
00:32:01.120 that's like literally why we have to have it I was like do you not get that and you know it's 0.88
00:32:08.480 kind of like that's you know it doesn't matter if you're from an area that's mostly white like
00:32:14.040 there's a reason why it's mostly white there's systemic racism like look into these issues like
00:32:18.760 and you know i have to say my area there's local facebook groups and people have been doing a lot
00:32:25.000 to raise awareness and it's unbelievable the amount of racism that the black community has
00:32:30.620 encountered out here and you know what if that town council members one stance made them feel 0.55
00:32:36.880 more comfortable then yeah that's what you should be doing it doesn't matter if there's no black
00:32:40.420 people you have to still be anti-racist so it's it's really important yeah absolutely
00:32:48.700 black lives matter can you imagine arguing with that like arguing again like oh well there's only
00:32:54.400 so it doesn't like what so their lives don't matter you're like i don't get that there were
00:33:00.360 only 12 disciples of jesus i mean you know if we're gonna use these arguments the numbers really
00:33:07.280 shouldn't yeah exactly it's wild yeah yeah so i want to say again just to make sure i'm clear
00:33:14.700 if someone is arrested for protesting on long island they can reach out i will help them you
00:33:20.860 can put my name down my name is on a lot of the local groups and there's also this amazing
00:33:25.800 woman online i think her instagram handle is j williams esq and she is also a lawyer and a witch
00:33:32.700 and she put a list together of attorneys that will help businesses and help people who have
00:33:38.520 been arrested so i'm on that list as well and if you follow her then you can access she has like
00:33:44.200 a link to that list so people could get that too can you tell me the handle one more time so i can
00:33:48.880 like the letter j yeah j williams esq 1.00
00:33:54.500 she does a really awesome um job at like you know communicating legal information to the public on 0.98
00:34:04.960 her instagram and um yeah you should check her out i'm like plugging her even though i don't
00:34:11.520 really know that's okay that's what we do plug people we don't know and raise their voices
00:34:17.580 thank you so much melissa it's been wonderful to have an outsider insider conversation where
00:34:24.900 we were so completely in line it does make me feel a tiny bit better about maybe a little more
00:34:29.660 hopeful but there are judges and lawyers like you who are actively trying to upend the system and
00:34:36.300 yeah and create something better for all of us hopefully and hopefully it can I think that's
00:34:42.660 the importance of being in some way a part of the system that you can do it from within
00:34:46.860 yeah I think we need both to really break it down 100 is important
00:34:52.240 so one last question and then I will get let you get back to your very busy legal business
00:35:00.600 imagine there's a young person listening right now who's thinking about law school
00:35:07.840 what is your advice oh it's hard because i feel like
00:35:13.800 do it if you can get a scholarship i think that the loans are so enormous for some people that
00:35:23.300 it's not worth it i think that if you study really hard and you can get money off of that
00:35:29.620 tuition then it's worth it or if you have the privilege to have it paid for a hundred percent
00:35:34.280 and I hate to say that that like because I think some of the best attorneys I know have loans
00:35:39.420 but I just think it like I don't know it like that's probably a bad answer no no it's the the
00:35:47.920 costs are crippling and even the costs are really crippling for a lot of people I know and I think
00:35:51.980 that that's really scary and then it puts them in a position where they're doing work that they
00:35:56.240 maybe don't want to do. And then it puts everyone else in a position where the only people who are
00:36:01.160 lawyers are the people who can afford to go to law school, which is not. Exactly. So I feel like
00:36:05.600 it's such a difficult question. I think that if I was talking to someone who wanted to go to law
00:36:10.060 school, I would say definitely study as hard as you can. Go to a law school that's affordable for
00:36:14.760 you. I don't want to discourage anyone from going to law school. I think you just have to know what
00:36:20.420 you're taking on in terms of debt and you know it's worth it but there's also other careers you
00:36:27.940 can do if you don't think you can handle that debt um I was really lucky that I was able to
00:36:32.880 get a scholarship but I think that I hope that people can do that too I think there are a lot
00:36:37.280 of I don't know I'm just rambling so maybe maybe part of our defunding if the police can go into
00:36:42.060 scholarships exactly good we're gonna have so much we're gonna have so much money when we defund
00:36:48.300 the police will be able to fund all of these beautiful programs yeah it's so hard because i
00:36:53.100 feel bad when people end up having this huge crippling debt and then they have to do something
00:36:58.660 they don't want to do in the law and i think that's a really scary thing for anyone whether
00:37:04.080 it's college or law school um and i think that that's definitely a problem that america has
00:37:08.300 yeah that one one of the many yeah yeah our education system is just not accessible
00:37:15.480 which is a massive problem so if you look at the amount that the police cost us then I think that
00:37:22.460 it could be a lot more affordable for a lot of people absolutely do you have anything else that
00:37:27.860 you want to get off your chest before we call it for the day no I think I'm good thank you so much
00:37:34.080 Melissa and um we'll go everything we'll put the show notes together together okay um and make sure
00:37:39.520 that we're not missing anything in the meantime everyone go follow j williams esquire um on
00:37:45.740 instagram and your instagram handle do you want to say it or leave it out yeah it's melissa m-e-l-i-s-s-a
00:37:52.380 i-s-z and we'll put it in the show notes too so you can follow melissa and if you're in long
00:37:57.660 island getting arrested i don't know how you're listening to this podcast right now but just keep
00:38:02.380 it in your head if it happens everybody because again this is not over spirit week it's not
00:38:07.320 It has to continue. And I mean, again, we're two white women talking to each other right now. And so we will say to each other, when we feel like it's never going to be good enough, that's correct. It's never going to be good enough.
00:38:22.420 So if you are like, I'm giving up on this anti-racism thing because it's never going
00:38:27.860 to be good enough.
00:38:28.680 No, the work is never done.
00:38:31.140 The work, I mean, hopefully some utopia where our children's children's children live, there
00:38:36.680 won't be any need for this work.
00:38:38.160 But until then, it's never going to be good enough.
00:38:41.060 So get into it.
00:38:44.240 Thank you so much, Melissa.
00:38:46.220 I really learned a lot.
00:38:47.320 Thank you, Amy.
00:38:47.500 I really appreciate it.
00:38:48.680 I love you guys.
00:38:49.400 I love your podcast.
00:38:50.080 it's been it was definitely uh scary to come on here because I feel like so many amazing witches
00:38:56.100 that I look up to like Pam Grossman have been on your podcast I'm like well you know I I personally
00:39:03.840 like I see it as as a spider web and any single we're all these tiny delicate threads but once
00:39:09.900 you put us together man can we catch the flies yeah yeah hi Pam how are you today I'm good thank
00:39:18.760 you how are you amy i'm very well thank you so much for asking now you are a lawyer i found you
00:39:26.060 on instagram i think you listen to the show and your your handle i think is lawyer witch pam
00:39:32.120 yes yeah so obviously you are pretty proud of both of those identities lawyer and witch so maybe you
00:39:41.220 can start by telling us a little bit about how you got into law and then we'll get into how you got
00:39:46.820 into which okay um i think i knew from a very early age that i wanted to be a lawyer i probably
00:39:55.300 around age 10. um my grandmother had this tradition where she would take all of with the grandchildren
00:40:02.820 and there were only three of us but she'd take us out to lunch on our birthday and then we'd get to
00:40:07.620 go watch a movie that it was the birthday person's choice and so i remember one year my sister picked
00:40:14.340 the lion king and my cousin picked the mask and i picked the client so i think that um
00:40:24.340 um i i think that in a way it fit me because i got this um i got a really strong sense of justice
00:40:34.420 from my dad and this um like need to if you if you're able to speak up on things that are not
00:40:42.020 right um that's part of your job and that's your duty and then i got this sense of my feminism i
00:40:50.100 definitely got that from my mom um we were never my sister and i ever treated or told growing up
00:40:56.180 that we couldn't do something because we were girls or that we should aspire to specific things
00:41:01.940 because we were born female and so i think that those two things helped kind of guide me in this
00:41:09.380 direction. And so I've always liked trying to, I guess, advocate for the greater good and what's
00:41:21.820 just. And if I'm correct, you specialize in immigration law? Yes. I do immigration law here
00:41:30.300 in the U.S. I do mostly what's called deportation defense or removal defense, which is when people
00:41:37.080 find themselves in immigration court facing deportation orders from a judge i represent
00:41:43.480 them to try and stop the deportation so i defend against the the deportation by either contesting
00:41:53.240 the the allegations that that the government is saying makes the person deportable or if it turns
00:41:59.320 out that they they are subject to to possible deportation under the law then i try to fight
00:42:04.440 on their behalf to get them some kind of relief that they're also eligible for.
00:42:10.600 So you're essentially battling racism on a daily basis?
00:42:15.560 Yeah, you could say that. I think that we don't realize until you start delving really deeply that
00:42:23.960 um there were so i'll i'll qualify this this answer i i don't believe that um the racism
00:42:36.760 was inherent in um the creation of the governmental institutions of the united states um but i do
00:42:45.960 think that um it was put in um definitely through litigation and um a piece at a time and so
00:42:57.720 one perfect example is the the very first naturalization act where it limited citizenship
00:43:04.200 to um people of white european ancestry and um and it's been deconstructed and um litigated
00:43:13.000 throughout the years and it's really interesting when you look at the the history of cases that
00:43:18.280 define legally what it means to be white in this country um for example when the united states
00:43:24.760 acquired um mexico and large parts of it from the u.s mexico war in the 1800s there was this question
00:43:33.720 of um what are we going to do with all the people that are on this land um so one of the agreements
00:43:40.600 in the the peace treaties where was that the mexican citizens on the land would be given
00:43:47.480 uh u.s citizenship um but then the government had to come back and say well wait they're not 0.60
00:43:53.000 really white and we've limited citizenship to to white people so um we're gonna kind of call
00:43:59.640 them quasi-white you'll you'll be legally white but socially you won't be white we really don't
00:44:05.720 we know that you're not really white with a wink wink and so um that's where it kind of gets muddy
00:44:11.720 and then you know eventually these um racial quotas and national quotas are eliminated from
00:44:18.760 um from the the legal system of immigration to the us uh despite what the current administration
00:44:24.840 wants to to do or implement yeah and i think that there's there's a big um chasm between you know
00:44:33.720 the law and the ideals of the law and enforcement and how the laws are enforced definitely i think
00:44:41.000 that um i would say one of the biggest problems here in the u.s anyway is that
00:44:48.120 the day-to-day does not live up to the principles it's asserting that it's based on and so i like
00:44:56.680 to think of my job as partly being making the system or pushing it to live up to these ideals
00:45:03.640 because they're some of the most open
00:45:08.120 and provide the most protections for the most amount of people
00:45:13.500 of any system that's been tried so far.
00:45:16.880 It's just a question of making it live up to these things,
00:45:20.540 calling it out when it doesn't,
00:45:21.920 and ensuring that it actually does live up to the principles it's based on.
00:45:26.600 So ICE was in the, it's kind of, you know, been forced out of the news cycle,
00:45:31.100 but ICE was pretty heavily in the news cycle for a little while.
00:45:34.200 Like, what is your insider perspective on ICE?
00:45:40.000 So for anyone who doesn't know, it stands for the Bureau of Immigration and Customs Enforcement.
00:45:44.940 It's the law enforcement arm of the Department of Homeland Security here in the U.S.
00:45:51.080 So they're tasked with enforcing and regulating the immigration laws here.
00:45:57.340 They're the ones that will pick up people that are alleged to be here without permission in the interior of the U.S.
00:46:06.660 And they also are the one, their legal arm is the prosecuting arm in immigration court.
00:46:13.180 So they're the ones that bring charges against people in immigration court.
00:46:16.940 And they were only created after 9-11 when the Department of Homeland Security was created in 2004.
00:46:23.100 All of this was prior to that creation, all under the big branch of what was the Immigration and Naturalization Service.
00:46:35.100 And that's where they just threw in the kitchen sink of immigration.
00:46:38.100 Border Patrol was there. All of the random administrative services were there.
00:46:44.100 And the argument was that by putting all of these in a differently structured agency that ICE would be the one to focus on the enforcement operation, whereas CIS, which is another agency under this Homeland Security, would be tasked with just doing administrative, you know, paper pushing, so to speak.
00:47:10.920 like you've got your paperwork done you meet the requirements you're granted great you don't you're
00:47:15.720 not and um that was it and then the border patrol is obviously a little self-explanatory they just
00:47:21.160 kind of um enforce and protect um the border but in the recent administration we've seen
00:47:29.960 a weaponization in a sense of the other administrative agencies cis where it's um
00:47:37.800 they're working so much more in conjunction to try and pass information and make cis in essence
00:47:48.360 another arm of ice so it's not as independent or objective or neutral as it used to be and so
00:47:55.720 that's a big concern and a big um red flag that we're seeing now on the ground here as we practice
00:48:02.920 day to day what's the hardest part of your job oh um for me personally it's detaching from the my
00:48:14.360 clients um and i think that's kind of where my witchcraft comes in in a way i know that um
00:48:21.880 witchcraft gets a lot of um grief sometimes when when the practice is just um emphasis or focused
00:48:31.220 on love and light quote unquote and i i relate to and i totally get the cries of um shallowness
00:48:42.780 and superficiality from a lot of activists that um take issue with people just coming in and taking
00:48:52.980 the the good and and not giving anything back um for me personally i need that love and light 0.52
00:49:00.260 Because I deal with the shit of humanity, humanity's most vile acts a lot of times on a day to day basis. And so I think that that's the hardest part for me detaching from from what I see my clients endure sometimes and what I what we're up against.
00:49:26.060 At the same time, I think that one of my favorite parts of being an immigration lawyer in particular is being able to beat the system at its own game, so to speak.
00:49:42.160 And the fact that we can and we do prevail every now and then shows me that there's work to be done for sure, but it is there and it makes me hopeful.
00:49:54.340 I saw one great resource and I had spoken to a witch slash lawyer slash judge just the other day for this episode, but this came up, this just came out like today or yesterday where Thompson Reuters through Westlaw, just, I'm not sure if you've seen this yet, but they just put out like a plain language resource for, you know,
00:50:24.340 police and and civil rights and because i was talking to melissa about how a lot of the language
00:50:31.160 of the law is like deliberately confusing and deliberately disenfranchising and deliberately
00:50:37.000 gatekeeping so i definitely think so i think that um i so for there's definitely as very
00:50:49.000 you know legalese doesn't get a bad rap out of nowhere and I think that for me
00:50:53.940 I'm working on a blog post about how lawyers are actually doing magic and
00:51:00.620 and I'll explain that but definitely there's a disconnect between what
00:51:10.620 language is used on a day-to-day basis by most people and what is considered a
00:51:16.060 legal language and one of the reasons that I argue that lawyers can be which
00:51:21.800 is is that there's a there's a definite special language that lawyers use and
00:51:31.020 you're taught and you're trained in law school to to use the words as on behalf
00:51:39.640 of your client on behalf of the cause that you're advocating the argument
00:51:43.860 you're putting forth and um lawyers also are privy to quote-unquote secret knowledge where
00:51:51.940 we we study for several years to learn special um this is very specific nitty-gritty loopholes and
00:52:00.900 um exceptions and provisions of the law and how they affect certain people and how they
00:52:07.060 will influence different outcomes and then also argument i would consider it spell work as well
00:52:15.860 because when i prepare a closing statement or an argument on behalf of one of my clients
00:52:24.740 i i put in a like a lot of myself into that and my sheer will to try and influence the result of
00:52:32.580 of the court hearing and the decision of the judge through the use of my words.
00:52:39.060 So I definitely think that that's spell work.
00:52:41.720 I also consider defense work very much protection spell work.
00:52:47.020 I'm just sitting here nodding and nodding and nodding and nodding because, yeah, we say all the time, words are spells.
00:52:54.140 So now you've created this image, in my mind, of two adversarial lawyers, you know, both trying to come up with the more powerful spell to take the day.
00:53:04.620 yeah i mean i i see it that way now and i for a really long time growing up i didn't understand
00:53:13.020 until very recently how much our own disposition and our own outlook and our own sheer intent can
00:53:22.300 affect how we perceive any given situation and then in turn how we react and respond to it so i
00:53:30.220 I like to think of my work that way.
00:53:33.640 I used to compartmentalize, like this was work and this is my spirituality
00:53:37.280 and this is my day-to-day, but I'm kind of seeing that it is possible
00:53:41.860 to meld all of them in a cohesive, harmonious way.
00:53:46.660 So how does your practice manifest outside of the courtroom then?
00:53:51.860 For the most part, I tend to be solitary.
00:53:55.020 I came back, so I grew up all over the place
00:53:58.900 because my dad was in the army so I was an army brat I lived in Germany and I
00:54:02.540 lived in Central Texas but then I spent a lot of my teenage years in the Pacific
00:54:07.780 Northwest and I was surrounded by so many wonderfully weird people and a lot
00:54:14.140 of them were witches and pagans and so I was first exposed to different forms of
00:54:21.520 spirituality than and religion than the ones I grew up with from them if you
00:54:26.120 remember that movie empire records i do like a melding of all of the different quirky people
00:54:32.760 and i loved that um and then i kind of when i decided and i was serious about wanting to
00:54:40.600 become an attorney i wrongfully now in hindsight decided that
00:54:46.920 that belief system was not um conducive to studying law that logic and science and reason
00:54:57.280 were mutually exclusive to um i guess the the not theology but the the thought spirituality
00:55:07.160 yeah and so i kind of just separated and distanced myself from it for a while but then i just had a
00:55:14.620 really stressful year back in 2015 and I decided I just can't keep doing this I can't just be a
00:55:20.280 workaholic and the the work itself was burning me out and this was even before this current
00:55:28.220 administration so I don't know what I would have done if I hadn't taken a break but that's why I
00:55:33.800 kind of started bringing practices back into my my daily routine so I tried some meditation
00:55:40.600 um i do some tarot and i've learned some reiki but i do them mostly for myself there's not a big
00:55:48.040 um community here of witches a lot of people are still in the room closet so to speak and um
00:55:56.720 the communities that i found locally unless um somebody knows of somebody else here in el paso
00:56:03.540 But they tend to be more theistic than I tend to see my own spirituality.
00:56:12.500 So for myself, it's kind of solitary.
00:56:17.980 But you read tarot, you do Reiki, and those kinds of things.
00:56:21.820 Do you have a favorite deck?
00:56:24.480 I'm stuck right now between the...
00:56:28.540 I have the Sacred Circle deck, which is a Celtic one.
00:56:32.320 i i'm called really um strongly to the celtic world view of how everything in nature is connected
00:56:41.440 um and i have the uh celtic tarot deck but i also have this one that um my husband gifted me for
00:56:48.960 my birthday one year and it's the the dolly it's the universal dolly deck and it's literally
00:56:55.760 images that he took from his own work of art and selected them for tarot cards. And so it's really
00:57:03.240 pretty. It's got gold leaf plating on the outside, but I rarely touch it because I'm scared to mess
00:57:09.000 it up. Yeah, I've seen pictures of it on the internet. I haven't touched one myself, but
00:57:13.980 that's the feeling that I got was like, I don't know if I could get this because I would never
00:57:18.820 be allowed to touch it. Exactly. And it's heavy in your hands. You can, when you have the whole
00:57:23.300 deck you can feel the the communicative weight of all the the gold on the cards
00:57:29.420 okay i'm gonna change lanes a little bit because something that you said made me think of a
00:57:36.080 question that i got from a listener obviously you can't give like actual legal advice over a podcast
00:57:42.320 so these are these are just general questions if you don't mind and the first one was do you as as
00:57:48.980 a lawyer slash witch and obviously these things integrated in your identity and in your being
00:57:54.380 do you have a particular spell for justice or a particular like magical resistance action
00:58:01.280 outside of the courtroom that you do that our listeners could
00:58:04.380 What I've found most, I think, effective for myself is just the sheer word.
00:58:19.880 I've realized that there's times where I think, well, why doesn't this just happen?
00:58:27.840 i i say those few words out loud but i just think really strongly that that's what should have
00:58:34.480 happened or should take place or um come about and then i find out later that it did um so i think
00:58:43.040 that also because a lot of um practice of law for me anyway is words it's just so much of pouring
00:58:51.840 your intent into them that that definitely works so i've had um speeches that i just say to myself
00:58:59.920 about why you know judge this is why this should happen because xyz and i um i say them out loud
00:59:12.000 by myself before the hearing. And I just internally pour my attention into those.
00:59:22.540 And the same thing with written word. I think that there's something about
00:59:25.980 putting words down and committing them to paper that gives them a different type of life.
00:59:34.180 Yeah. So, I mean, in this sense, again, just like tweeting Black Lives Matter, 0.58
00:59:38.340 saying the words black lives matter in your vision is spellcasting
00:59:44.060 yes i think that um whatever you're putting out there um
00:59:51.020 whether i i heard this from somebody else when and it was like a little it was a talk on the law
00:59:59.040 of attraction and the law of vibrations and the gist of it was that the universe doesn't
01:00:06.760 stop and sort out through the truth and falsity of whatever you're saying so it just takes what
01:00:16.140 is put out there at face value so with you know if you're um thinking to yourself or saying out
01:00:23.660 loud to yourself oh i'm a failure i have nothing to offer the world i'm just it's just gonna say 0.95
01:00:29.840 it's gonna take that and say okay well you know pamela's a loser pamela's a failure and it's just 0.88
01:00:35.100 to give you back that that you put out there and so um the that's where i think that words are very
01:00:43.900 very powerful and that puts them in a very delicate position to where they
01:00:50.300 you know the the freedom to be able to say uh whatever it is that that is in you that needs to
01:00:57.340 be uh spoken needs to be protected to in my opinion at um very high at any cost likewise um as as the
01:01:08.060 a person with the ability to speak and an orator you have a responsibility to um be very careful
01:01:14.460 with what you um put out there and say because again like that which is said cannot be unsaid
01:01:21.660 you can forgive it, but it's in the world forever. Right. Yeah. Okay. Another listener
01:01:29.280 question. And again, this is general because I know you can't give specific legal advice
01:01:34.460 on this format in this moment. What do you see as a legal insider is the best way to deal with
01:01:41.480 a toxic work environment that doesn't necessarily constitute like harassment proper. I'm using air
01:01:47.740 quotes here harassment proper but just like an ineffectual and toxic work
01:01:52.340 environment what legal channel would you suggest so at the end of the so one thing
01:02:00.820 that I would was planning on leaving the interview with and like listeners with
01:02:07.720 is these two tips one is always keep a paper trail and I think this kind of
01:02:14.560 goes to to this question in particular you you always want to make sure if you
01:02:25.800 have if you work at a company that is big enough to have some type of policy
01:02:31.080 manual for what is considered acceptable employee behavior what's acceptable
01:02:37.560 treatment of employees by their supervisors or by fellow employees you
01:02:44.920 want to make sure that you get a hold of that and that you know what your rights
01:02:51.540 are in that first of all if there isn't one then you want to definitely document
01:03:00.500 specific instances and I know that our first reaction our first temptation is
01:03:10.040 to focus on what we were subjectively made to or the way we we've were made to
01:03:23.540 feel in a way but um i think that for purposes of the the more um legal avenue you want to focus
01:03:35.540 on um things that are a little bit more objectively observable because that's what is going to be uh
01:03:41.860 able to be shown or um or relied upon if you ever have to take legal action um sadly the law
01:03:50.180 very seldomly cares about feelings even in you know specific lawsuits that are based on
01:03:59.000 intentional affliction of emotional distress things like that um you have to show outwardly
01:04:06.620 how that inward infliction of the emotional distress manifested for you and so it's not
01:04:14.200 enough to just say you know this person um was telling i don't know dick jokes at work and i
01:04:20.680 found that offensive for example um you have to um specifically go into the language of it so that
01:04:29.180 you can show outwardly what it is that is being that you're being subjected to that that would
01:04:35.480 be considered offensive by more than one person um a lot of the a lot of advocacy in the legal
01:04:42.840 system depends on us being proactive and looking out for ourselves beforehand so make sure that
01:04:50.380 you're able to document most most of it then you know once you have a pattern you can
01:04:58.220 take that to your i don't know the chain of command of any specific place of work but you
01:05:03.180 could try to do that yeah okay i have another one and this hopefully to the listener who sent this
01:05:10.920 in. I'm also going to put the links to those
01:05:12.820 Thomson Reuters documents
01:05:14.860 that I mentioned. Right now, they have
01:05:16.900 one for the United States, and I think there's a
01:05:18.760 Canadian one coming out in the next couple days.
01:05:21.380 So if this listener wants
01:05:22.960 more information on that, they
01:05:24.860 can go to the show notes, but I'll read
01:05:26.920 you the question now, Pamela, and I can get
01:05:28.840 your thoughts on it. What are
01:05:30.740 a civilian's rights against police
01:05:33.140 using excessive force?
01:05:35.000 So, like, does the idea of
01:05:36.800 self-defense even apply
01:05:39.120 to dealing with the police?
01:05:40.920 Oh, this is a really tough one. And again, my disclaimer is that I don't practice in these areas. And so you're definitely going to want to get a more detailed and more experted opinion.
01:05:55.020 Yeah, we'll put one more disclaimer, like you cannot give actual legal advice on a podcast, especially when the person asking the question isn't even in the room.
01:06:06.060 It's not how things work. However, we can get a general idea of one person, one witch's, one lawyer's perspective.
01:06:13.380 So listeners, that's what we're doing. Don't show up at town hall with Pamela's picture.
01:06:17.780 you told me i could do this no
01:06:20.840 so i think that
01:06:25.620 i'm i'm definitely going to qualify this um answer personally i i think that um
01:06:38.780 there's when you're actually trying to effect change there's nothing stronger than
01:06:47.780 Showing why your position prevails or can prevail, even under the premises of the opposing party.
01:06:59.180 And what I mean by that is it goes back a little bit to the trying to beat the system, beat the government at its own game.
01:07:06.580 So with that in mind, I'm always of the opinion that when it comes to police encounters,
01:07:17.780 You definitely want to make sure that you're not giving them any wiggle room to be able to justify the use of excessive force against you.
01:07:31.460 And so that means sometimes that we're going to have to be on the ground, perhaps at a demonstration or even at a just routine encounter with police.
01:07:47.780 And making calls on what we're willing to, so to speak, be infringed upon in exchange for something else. And I know that doesn't seem like a very fair or just result.
01:08:04.300 But I would rather be able to have one of my colleagues, you know, one of my friends at the ACLU sue a police agency on your behalf because they wrongfully blocked your demonstration from the president seeing it, for example,
01:08:29.360 than to have them sue or have something, another litigation pending because something worse
01:08:39.620 happened, like they paper spray to you or they beat up the demonstrators because they
01:08:44.300 refused to listen.
01:08:46.460 So without rambling too much, you want to make sure that you are documenting everything
01:08:55.240 that's happened and that you don't um give them any reason to say that it was a justified use of
01:09:05.080 excessive force yes i'm i'm nodding it's a somber nod it's really um it's it's not i know that's not
01:09:19.360 answer that people want to hear um but i i would rather have people here to fight another day than
01:09:27.600 to to lose life or you know have people hurt um unjustly and for for very very shallow reasons um
01:09:38.720 you know because the cop just thought you were giving them an attitude and um until we get
01:09:46.160 actual reform where there's other um tools in the police's toolkit for addressing
01:09:58.400 you know encounters with people and the and more um training into de-escalation
01:10:03.440 then we're going to have to um protect ourselves that brings me to my last question before i turn
01:10:10.960 the floor over to whatever you think is important to talk about today but um what are your immediate
01:10:16.160 thoughts on this defund the police um idea that's starting to sort of gain traction at least in in
01:10:23.200 my bubble of of the world same here and um i've had this uh discussion with with a lot of my friends
01:10:33.200 And that I, it's, and while I'm not speaking at all for the movement in general, I can't do that.
01:10:46.280 I, and I think maybe this is a little bit of my lawyer training that I feel that one, as a person putting out a message into the world,
01:11:01.380 it's at least in a country where we have this much leeway to be able to express ourselves that
01:11:10.580 we have a responsibility to make sure that our message is getting across to the people that can
01:11:19.460 actually take it and make it happen but also to the the public that is going to form an opinion
01:11:30.500 on it so having said that i know that um and i and i can relate to and accept that a lot of um
01:11:40.260 the movement and and a lot of activists um feel very strongly about using the the phrase
01:11:47.460 quote unquote defend the police but i've seen so many um examples of where it's being taken out of
01:11:54.420 context and so when you actually go and research and look into what these examples look like
01:12:03.940 then there's people that say oh i can get with that definitely i don't think that you know police
01:12:08.580 should get um an annual rocket propelled grenade budget that's just not police civilian police
01:12:15.460 should have i don't think that they need more money for um weaponry or like
01:12:24.260 tanks to bring to high schools um so i i can definitely relate to that
01:12:32.020 but um i think that there's something being lost in the translation of what is being called for
01:12:38.900 when people say defund the police and what is actually meant the other thing that i think is
01:12:46.180 um and also this is the lawyer in me i i'm very concerned about um
01:12:51.780 Swift calls to action one way or the other without having a viable alternative. And so I would like to see a lot more discussion about what these new forms can look like.
01:13:05.780 There's things that I have talked with some of my friends on both sides of the aisle on that they can all get behind and they include things like making
01:13:16.780 the occupation or the profession of being a police officer something that's subject to a license the
01:13:22.860 way that doctors and attorneys and therapists are subject to licenses so that it takes a longer
01:13:30.020 time several years to obtain the degree and then the license so that you're actually subject to
01:13:35.840 a disciplinary board the way that those other professions are and that they can externally be
01:13:42.680 the ones to regulate and quote-unquote discipline or police the police there's
01:13:50.620 there's provisions about training the police in to be able to assess
01:13:59.860 situations in a light or through a lens that's less adversarial and more
01:14:08.620 conducive to de-escalation and so those are things that I definitely think
01:14:18.940 deserve more attention so I say that those those are my two big feelings on
01:14:27.100 on the system I mean we I think we can all agree that the way it's going right
01:14:33.880 now is not um it's not good it's not productive it hurts a lot of people it puts a lot of
01:14:43.740 communities at risk um and so if we do have the opportunity right now to send it in a different
01:14:50.400 direction we should really look at that very carefully on what we want that to look like
01:14:54.440 so let's just say we only took the rocket launcher grenade budget where do you think
01:15:01.300 would be the best place to put that um newly handled rocket launcher grenade money what would
01:15:07.160 be the number one place that you would put it i oh that's i think it would be a split between
01:15:12.060 health care and education i definitely think that um i i'm a very strong believer that education
01:15:20.900 opens doors for us that otherwise wouldn't be wouldn't ever open and it um provides opportunities
01:15:29.040 for so many people. It's one of the strongest forces for leveling the playing field and
01:15:40.240 countering these systems that we have of oppression, like poverty and racism and misogyny and
01:15:55.480 sexism and so i think that education um would definitely be one of them and then the other
01:16:01.660 one would be health care because talking to some of the people that i've had this discussion with
01:16:07.720 they have a point in um saying that a lot of times the police are the only ones called to
01:16:15.700 all sorts of different situations mental health crises and they're about mental health crises
01:16:22.240 And they're about physical health crises. And if we could actually give people the tools and the resources to live healthier lives, that can translate into other changes
01:16:43.700 that I think would dramatically reduce the calls
01:16:49.020 and in turn the encounters
01:16:52.460 that the citizens, civilians have with police.
01:16:55.440 Because I think, yeah, like you're saying,
01:16:57.860 education and healthcare,
01:17:01.360 these would address some of these issues
01:17:03.140 that come up as, quote unquote,
01:17:04.480 I'm using air quotes here,
01:17:05.720 criminal issues from the root.
01:17:08.780 Because a lot of criminal issues were social issues
01:17:11.900 until they encountered the police, right?
01:17:15.460 Right, like homelessness.
01:17:17.640 Exactly.
01:17:18.820 Perfect example.
01:17:19.920 Thank you.
01:17:25.200 So I'll hand it over to you now.
01:17:27.640 What is important for us to talk about today?
01:17:30.560 I'll leave you to wrap us up.
01:17:36.000 Well, let's see.
01:17:38.440 I had a few things.
01:17:39.340 i'm very type a so i wrote some thoughts down good even if you want to just deliver a speech
01:17:46.000 i will sit here nodding
01:17:47.880 well i won't i won't subject you to that um trust me you don't want to hear me just ramble on
01:17:55.460 i think that
01:17:57.800 i think that we're in a at a very special point in time where
01:18:06.000 because the cup runneth over so to speak um we we do have this um opportunity that i don't think
01:18:18.420 people expected to be able to to reform um both in light of um the recent protests um
01:18:27.640 out of outrage to to the killing of george floyd and other um black lives at the hands of police
01:18:34.580 but also I think in terms of the pandemic I think that it's exposed so many things that a lot of us
01:18:42.420 have been talking about for a really long time like health care and and poverty and the economy
01:18:49.380 and so I would really like that the discussion that goes on in those things in those areas question
01:18:57.220 um everything and um be for for everybody um i think if i could leave uh any like little
01:19:08.360 knowledge of wisdom would be just question everything and know your your truth follow
01:19:13.260 your little inner compass until you get to that because you're going to if you start listening
01:19:17.780 to it and i ignored mine for a really long time you're going to find that it's like a little voice
01:19:24.640 inside you calling and calling and calling and the more you try to ignore it the stronger it's going
01:19:28.560 to get until you just you can't even though you might be afraid to own your truth you can't help
01:19:37.040 but do it because it's just um it you there's no other way that you see that you can exist except
01:19:45.840 to live your truth and um and i think that's that's about it so let me recap question everything
01:19:56.060 follow your truth document document document yes and then of course the last one and i think this
01:20:05.720 one goes without saying but please please please never talk to the cops without a lawyer ever did
01:20:11.820 you hear that everybody can you repeat that for the people in the back row talk to the cops without
01:20:16.560 a lawyer and that goes for any government official agency ice the IRS the police the FBI homeless
01:20:27.100 security nobody just don't ever talk to the police or the government without an attorney
01:20:32.460 Um, no matter how friendly they are, they have a specific job to do. And, um, you have the right to look out for yourself. So don't talk to them without an attorney.
01:20:51.400 i think i can't possibly think of a better way to end this conversation don't talk to anyone
01:20:57.840 without a lawyer present thank you pamela for being my lawyer present with me right now
01:21:03.120 talking to me it's been wonderful i've learned a lot and i really i can't wait to
01:21:09.280 get further into unraveling this this justice weave
01:21:13.680 thank you thank you very much for having me um you know that i told you before we started
01:21:19.780 this conversation that I don't feel like I'm equipped enough to talk about this, especially
01:21:25.700 in the witch aspect, because I only came out of the broom closet last year. And so it's really
01:21:33.760 flattering and empowering that you would think of me to come on the podcast. So thank you.
01:21:39.820 Well, I certainly, and I say this to, you know, most of my guests really is that, you know,
01:21:45.840 I see us as a web and each strand might be delicate but honestly when you put us together
01:21:52.520 we're so strong so you may see yourself as a delicate witch string but I see you as a powerful
01:21:58.580 witch well thank you that really means a lot would it be okay if um I have some links to like um
01:22:06.000 family plans and preparation plans that um I share when I give talks on um on family preparedness
01:22:13.940 in case of an ICE raid or an ICE detention in the family.
01:22:17.420 I have links to things like that too.
01:22:19.300 And some Know You're Right stuff that might help.
01:22:21.800 I love how you're like, would it be okay
01:22:23.940 if I gave you a bunch of amazing resources?
01:22:27.660 Yes, Pamela, that would be okay.
01:22:31.260 I will absolutely like, and listeners,
01:22:34.100 please go to the show notes for this episode.
01:22:36.360 We're going to have a lot of really important legal resources in there.
01:22:39.360 Like I mentioned, the Thomson Reuters that just came out,
01:22:41.580 that is in plain English en place.
01:22:43.940 Um, so yeah, thank you again, Pamela, so much.
01:22:46.540 I can't wait to, uh, dive into the resources that you're going to send me.
01:22:50.840 And happy soul sis to you, Pamela.
01:22:53.580 Thank you, same. 1.00
01:22:57.420 You must be a witch. 1.00