On April 17th, 2009, Judge Martin J. Hoffman ordered former President George W. Bush to testify under oath. Not to be questioned about torture, Iraq, or anything regarding his administration. No, he's to be questioned about his presidential library and how Southern Methodist University acquired the land that it will occupy.
Link to AP article
Gary Vodicka, a lawyer who lived in a condominium complex across the street from Southern Methodist University, has sued the university regarding how it obtained the land where the Bush library will be - where his home once stood.
The lawsuit centers on SMU's acquisition of University Gardens, a run-down, 40-year-old condominium complex across the street from the university.
SMU decided at the end of 1998 to begin buying up the approximately 350 units. Through a realty company called Peruna — the name of the college's mascot — SMU bought enough units to gain a majority of seats on the board of the homeowners association. It filled those seats with SMU employees and others affiliated with the university who did not own units or live at the complex.
Basically, the university used underhanded tactics to gain control of the condominiums. They eventually bought everyone out, save Vodicka and another individual.
Citing problems with asbestos, the roof, mold and sewer lines, the school bulldozed the condos in 2006. Later that year, it became apparent SMU would be the site of Bush's library. The land upon which the condos once sat will be part of the library grounds.
Both sides agree on that much. They disagree on whether the school lied about its intentions and breached its legal duty to the other condo owners by letting the place fall into disrepair so that it could be torn down.
Seems like a fair-enough complaint. Vodicka then makes an accusation that could bring Bush into court:
Vodicka alleges SMU officials began angling for the presidential library as far back as 1998, when Bush was governor of Texas and had not announced his candidacy for the Republican presidential nomination. He says the school acquired the condo property with the library project in mind.
"Bush floated the idea amongst his family, his close friends, his supporters, for probably a year before he made the announcement," Vodicka said. "So, yes. They knew."
Vodicka makes a tenuous leap, in my opinion, but hey, I think I'll go get some popcorn and watch how this thing plays out.
In his order, Judge Martin J. Hoffman said the former president "clearly has relevant and material information about the central issues of this case. He was involved in critical discussion about the presidential library at a time when SMU was purchasing units at University Gardens." But the judge rejected Vodicka's effort to compel Bush's wife, Laura, to testify as well.
Bush's lawyers, obviously, are fighting his having to appear to answer questions (gasp!) and have appealed the decision. Their reasoning?
In their appeal, Bush's lawyers wrote that the federal courts have generally held that presidential testimony is necessary "only where there are allegations that the president or someone closely associated with him engaged in improper conduct." And the lawsuit does not accuse Bush of any wrongdoing.
I think Bush's lawyers missed the memo that his current occupation is "citizen". Executive privilege is gone from his bag of tricks.
Vodicka was offered $1 million by the university to pipe down and go away, but he's not budging. He's convinced that he'll win and gain ownership of the land.
"I think I'll own my land by the time this is all over," he said. "I'm going to pitch a tent, play golf and set up an Obama lemonade stand."
Whatever happens, making Bush swear to tell the truth about ANYTHING would be a victory of some sort. And it would be fun to watch.