Usually I don't make posts so frequently. But Cobb County is at it once again. Reportedly there was a town meeting in Marietta. And one councilman gave another councilman, Reggie Copeland, the middle finger. The Copeland ran like a little baby to the police alleging assault and seeking a TPO.
An assault under Georgia Law is a substantial step in committing a battery-kind of like an attempted battery. There was no such substantial step of violence, and no physical conduct. Other than the alleged middle finger it was described as one man talking calmly to the other man-and of course giving the middle finger is protected speech....Not that it really means anything to the thugs in Cobb County as I have discovery in an aggravated stalking case From Cobb County where a man ended up being held so long in jail he had to plead guilty to get out and had to sign away his right to ever see his son again.
basically there is no probable cause for an assault charge. Judge Brantley didn't see why he should grant the ex parte order which is unusual in this lawless county, but he did agree to have a hearing over the matter. The case is probably too high profile to do the usually illegal practice of granting an ex parte TPO. See Carrol v Princess ann. But in Cobb County what he granting of a TPO means, basically if you violate it they will slap you with an aggravated stalking charge and you'll be in jail until you plead guilty. So if the councilman is enjoined and he goes to the meeting, its off to jail he goes-never to be heard of for at least 6 months.
Basically the thuggery in Cobb County knows no bounds. If the so called victim thought there was an assault, the remedy would be in the criminal law (the assault charge) and the TPO court doesn't have jurisdiction. Judge Brantley has a Sua spona obligation to dismiss the TPO-but he never does. Here it is likely being used to undermine the will of the voters, basically allowing a judge to issue equity that basically results in an impeachment.
TPO courts, more specifically restraining orders, is basically how most political prisoners are made-especially in Cobb County that received federal grants to arrest people, and they never release them until they plead guilty. It is now being used as a tool against each other to control political discourse. Trump Should just nuke Cobb County out of existence, or at least get the USDOJ civil rights division to investigate and lock up all these crooks.