Following are the sole remarks made by SaveWCAL attorney Michael McNabb in response to a total of around 45 minutes of presentations by the St. Olaf College, Minnesota Public Radio (MPR) attorneys and the Minnesota Attorney General repeating specific points of law — points that each of the parties had already thoroughly discussed in their memoranda previously submitted to Rice County District Court Judge Bernard Borene.
McNabb spoke in measured and somber tones as he said:
The specific points of law raised by St. Olaf and by MPR have all been addressed in my Memorandum of Law of Decembe 9 and in my Letter Memorandum of December 16 [forthcoming on the SaveWCAL.net web site], and no further rebuttal is necessary. Instead, I will use the time allotted to me for some remarks on general principles.
The word "perdition" means loss of the soul or eternal damnation. The Road to Perdition traveled by St. Olaf and by MPR has led us this morning to a court of equity. The historical origins of this very courtroom date back to medieval England when the King’s subjects would go to the Lord Chancellor, the royal official who "held the King’s conscience." From the Chancellor’s rulings there evolved the courts of equity, the conscience of the law. Now we ask for the verdict of equity on the actions of the parties in this case.
At this point, McNabb went and wrote on the whiteboard:
Conscientia legalis ex lege fundatur.
(The legal conscience is founded upon the law.)
McNabb then continued:
It is unconscionable for a church affiliated college to violate its promises given to generations of donors to use their gifts for a charitable trust, a public radio station.
It is unconscionable for a church affiliated college to engage in a conspiracy carried out in secret meetings with its business partner to attempt to convert that trust into an instrument for its own financial gain.
It is unconscionable for MPR to attempt to engage in the fratricide of a fellow founding member of National Public Radio and thereby destroy a community of some 80,000 listeners.
It is unconscionable for the Attorney General, the chief legal officer of our State, to intentionally fail to honor her oath of office to enforce the law on charitable trusts.
It is unconscionable for business partners to attempt to evade the jurisdiction of this court over charitable trusts and to be aided and abetted in that unlawful enterprise by a dereliction of duty on the part of the Attorney General.
As my colleague, Phil Voxland, has said, the WCAL donors were believers who had faith that future listeners would also be blessed by a radio station that lasted longer than their own earthly lives.
The WCAL donors, both living and deceased, who can now speak only through us, believed that their church affiliated college would never betray their trust.
And so today all those donors and beneficiaries of the magnificent public radio station they created and sustained for over 80 years with their charitable contributions entrust their fate and their station to this court of equity.
There was a long pause after these comments before McNabb indicated his remarks were done. As expected, the original presentation took the other attorneys by complete surprise. After McNabb finished and when asked by Judge Borene if they had anything to say in rebuttal, each responded with a very quiet "no".
SaveWCAL attorney Michael McNabb later commented:
As for the substance of the remarks, you should give major credit to Phil Voxland and his dog, Albert, because much of what I said come from a note that Phil sent to me after walking his dog on the evening of the initial hearing before Judge Borene. I simply refined the concepts and made the connection to the historical origins of courts of equity.
Near the end of my remarks I included the phrase "who can speak now only through us." I intentionally left that phrase out of my written draft because I had to wait until that moment in the courtroom to know if I would be able to deliver that line. It was a tribute to my father, the man who introduced me to classical music and the man who taught me ethics by the way he lived his life.
For a report on the hearing itself, see the posting titled "December 18, 2008: SaveWCAL Petition To Redress Breach Of Trust Court Hearing Session No. 2", which will be posted within the next 24-48 hours after the Christmas holiday.
{ 7 comments… read them below or add one }
Wow. That was powerful. So forceful and succinct and built on unassailable reason and ethics!
I had planned on being at the courthouse to hear SaveWCAL's presentation as I knew it would be worth hearing but, alas, work interfered. It definitely was worth reading! There really was no way the "others" could respond to your remarks. Thanks for making this public. Have a great Christmas!
Speaking as one who witnessed this hearing in person, I want those who were not so privileged to know that Attorney Michael McNabb's summation at the close of this hearing was absolutely stunning; in hearing it there and re-reading it here – I remain so deeply moved that I sit even now – with tears in my eyes. For all of us and especially for those unable to speak up, SaveWCAL has spoken with the final, clarion call for justice. Let everyone know; all should shout their praise for this extraordinary effort undertaken for justice alone: No person stood in this for personal, monetary gain; and likewise, no person stands ready to receive a bill. How many present in that courtroom can make such claims; how many do shed tears?
The brevity astounds me; I make it to be about 425 words.
Well said, indeed.
I wish I could have been there to hear the proverbial pin drop.
I hope the decision comes out the way SaveWCAL has worked so hard for……..
I applaud the entire SaveWCAL staff for speaking only the truth backed by facts.
I can somewhat relax knowing our case has been heard.
If the ruling goes against SaveWCAL, St. Olaf is the real loser for breaking the Charitable Trust
honor code and biting the very hand that feeds it . . . how incredibly stupid.
Wow! How powerful the closing remarks made by Mike McNabb and inspired by Phil Voxland.
MPR and St. Olaf attorneys should have been silenced and shamed by those words.
How blessed we are to have Mike fighting this battle for us. Thanks for continuing tirelessly in this cause. I hope and pray justice is done for the donors who so believed in and supported our beloved station.