GIVE THANKS… FOR GOOD DRAFTMANSHIP

Let us talk this time of year, to stray a bit from familly and friends, and examine two cases of folks, that should be giving thanks for skilled legal draftsmanship. We lawyers are wordsmiths, some much better than others, and I submit the following two examples to you:

BOBBY BONILLA

Bonilla, currently 60, is a retired MLB player. A six-time All Star, with a lifetime batting average of .279 and 287 home runs, Bonilla started his MLB career with the Pirates in 1986. I had the pleasure of watching him as a power hitter with the Pirates, along with Barry Bonds. After the Pirates, Bonilla played for the Mets, Orioles, Marlins, Dodgers and Mets again. Upon his release from the Mets in 1999, Bonilla was still owed $5.9 million, under an earlier deferred compensation agreement from 1994, when Bonilla was first released by the Mets. Bonilla and his agent negotiated an agreement with the Mets that would defer any further payments for 10 years and then provide for annual payments of $1,193,248, including 8% interest, from July 1, 2011 until July 1, 2035. Should Bonilla pass away before this date, the payments would then be made to his heirs.

In some circles, July 1 is called Bobby Bonilla Day, and for good reason. There is even a rap song entitled “ Bobby Bonilla Day.” The Bobby Bonilla Day payments are in addition to a $500,000 per year deferred payment deal with the Baltimore Orioles from 2004, that runs for 25 years.

A copy of the Bonilla deferred payment agreement, including addendum and payment scheduled is attached. It is proof of foresight and smart drafting.

PENNSYLVANIA’S 2020 REPUBLICAN FAKE ELECTORS

We all know that defeated President Donald Trump’s camp schemed to steal the 2020 Presidential Election by submitted false slates of Republican electors in 7 states where certified results established a Democratic victory. Those states were Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin. In most of these states, criminal investigations or prosecutions have been initiated. As an example, Michigan is actively prosecuting these fake electors. Pennsylvania’s fake electors are protected from prosecution, as the drafter of the Pennsylvania Republican election certificates stated:

WE,THE UNDERSIGNED, on the understanding that, if, as a result of a final non-appealable Court Order of other proceedings prescribed by law, we are ultimately recognized as being the duly elected and qualified Electors for President and Vice President from the State of Pennsylvania, hereby certify the following…

Some dandy and prosecution saving language there. Compare with the Michigan fake elector certificate, which reads:

WE, THE UNDERSIGNED, being the duly and qualified Electors for President and Vice President for the State of Michigan, do hereby certify the following….

So, as the fake Michigan electors state that they are the proper electors, without any qualification whatsoever, has exposed this slate of fake electors to criminal prosecution. Attached are the Michigan and Pennsylvania elector certificates, for comparison.

Again, smart draftsmanship may well keep the fake Pennsylvania electors out of criminal prosecution. These folks should be giving deep and lasting thanks on this and all future Thanksgivings.

Additional Information:

Bonilla Contract: