Comic Relief - Sad, But True

Taxpayers across this nation are fed up with the antics of government and the frustration isn't just with the federal government, but with municipalities, counties, and even state governments. Emblematic of this frustration is a case from our nation's capitol, where a woman is being fined thousands of dollars for...wait for it...not recycling her cat litter.

No, this isn't a segment from a sitcom, but rather a harsh reality that government sometimes lacks common sense.

Patricia White claims to have been fined eight times for throwing homemade cat litter into her trash, totaling a whopping $2,000. She contacted her local public works department and sure enough, the inspector admitted going through her trash to find violations.

Set aside the arguments over the efficacy of recycling for a moment, and just consider the fact that a government employee is sifting through trash to find violations in order to generate revenue for the District of Columbia. It's absolutely amazing and frankly, rather comical that our government has become a caricature of itself.

This next election cycle, my hope is that every single voter takes a few moments to look at the candidates very closely and determine whether or not they are right for the job.

It's clear that in Washington, D.C., we have significant problems.

David

Not An Endorsement For President

The Republican Presidential race has become a caricature of itself and at the end of the day, it is the nation as a whole who stands to lose, not just one political party. We have seen the ebb and flow of public opinion rising and falling with reports of scandal and intrigue, yet we see little in terms of wholesale solutions from front-runner candidates. And the truly sad thing is that the most qualified candidate for President is at the bottom of the polls.

That man is Jon Huntsman.

Huntsman has been consistent, offering up solutions that make sense and aren't simply Tea Party talking points. His position on immigration is realistic, taking into account logistics and the cost of simply "shipping immigrants back to Mexico." He has an understanding of foreign policy that is heretofore unsurpassed - being an ambassador to China isn't a bad thing at all. On national security, he has a sensible approach and is saying out loud what most of us are thinking - that our men and women of the Armed Forces should be proud of their accomplishments thus far, yet we need to rethink our global commitments.

But he isn't foaming at the mouth during speeches, nor is he claiming that he was virtually alone in winning the cold war - and that doesn't help his polling numbers.

Some ask whether Huntsman is "conservative enough." Well, being the governor of Utah alone should stand in stark contrast to someone who has occupied K Street for decades and made millions of dollars as a result of influence-peddling. RedState published this statement about Huntsman:

“His record as a Governor is more conservative than Newt Gingrich and Mitt Romney combined. He is more pro-life than either of them. He is more economically wedded to the free market than either of them. He has better foreign policy experience than either of them. Huntsman should be a conservative hero in this race.”

If that doesn't say it all, I don't know what will convince the Republican Party.

The rhetoric has reached epic proportions in this election cycle and it began back when the Republicans took contol of the House of Representatives - that the goal was to defeat Obama at any cost and unfortunately, my Republican Party is laser-focused on that issue and somehow, it translates to support for the loudest, bombastic candidates available, rather than getting behind a candidate who can defeat Obama, but do so in a manner that provides solutions to our problems as a nation.

National politics, in many ways, is no different from local politics wherein we often elect individuals who are morbidly under-qualified but look pretty at press conferences or ribbon-cuttings. We can do better, we deserve better and the GOP needs to take another look at Jon Huntsman.

David

Perhaps the Sky Isn't Falling

There has been so much negative talk about our economy, it's surprising that anyone would have ventured out over the weekend, but apparently, America is much more resilient than the Eeyore's of the media. According to the Associated Press, the number of shoppers over the weekend hit record levels and for many retailers, it's make-or-break time.

Personally, I'm not surprised one bit. I know that times are tough but lest we forget what the holiday shopping season truly is about - friends, family and sharing faith with one another. We do so by purchasing gift items for one another, sharing a little piece of ourselves during this time of year and the Looby family is no different. Regardless of what the mainstream media believes about how "bad" things are, the holiday season always brings out the best in most of us.

The stock market has reacted favorably as well, seeing strong gains across the board and this amid the turmoil in the Middle East, the disruptions of the Occupiers, and in parts of the country, inclement weather.

How good was the weekend? Well, 226 million shoppers visited stores and websites which is up from 212 million last year. The average holiday shopper spent $398.62 over the weekend and that seems about right...I think that's what we spent on Thanksgiving dinner alone.

You see, the sky isn't falling after all and I believe very strongly that the economy will pick up and this holiday season is just the beginning.

David

Joe Pa's Legacy Tarnished

Penn State University will probably never be the same and Joe Paterno's legacy will forever have an asterisk, being forced out due to several sexual abuse allegations levied against his former defensive coordinator, Jerry Sandusky. Unfortunately, the media seems to love every minute of this terrible situation with their relentless focus and pursuit to topple everyone associated with Penn State solely on the basis of allegations.

There was a time in this country when we embraced the "innocent until proven guilty" principle, but with the 24/7 media culture, it has been cast aside with impunity - it's all about the headlines. The allegations against Jerry Sandusky are very serious and child abuse should never be tolerated or overlooked. But the truth is, we really don't know the details nor will we for quite some time. The real question to ask here is why has this become a Joe Paterno issue as opposed to a Jerry Sandusky issue? According to sources, Paterno informed campus police and administrative officials after being told what had been witnessed by Michael McQueary, who, by the way, has apparently retained his job at Penn State even though he failed to report the alleged incident to any police official.

This whole turmoil reminds me of the Duke lacrosse team situation a few years back regarding the alleged rape of a an exotic entertainer that had been hired to perform for the team. ESPN vilified the team, its coach and the university, only to find later that the allegations of rape were not true and there was prosecutorial misconduct of Biblical proportions that lead to the disbarment of lead prosecutor Mike Nifong. Unfortunately, the damage had already been done as the coach was forced to resign, the season was canceled and the students wrongfully charged left the university altogether.

One way or the other, the truth will come out and we'll find out whether or not Joe Paterno deserved to be fired from his position at Penn State. But in the interim, we'll see the media feeding frenzy reach epic proportions and more people will be accused and their reputations tarnished. Only a court of law will determine whether it is/was deserved or not.

It's a sad situation all around and if the allegations are true, then those involved should be prosecuted to the fullest extent of the law.

David

Pearlman's Lacking Pearls of Wisdom

I admit it.  I am a Chicago Bears fan and have been for many years and one name in Bears history personifies the dignity and greatness that is the Chicago Bears franchise:  Walter Payton.

Jeff Pearlman claims to have interviewed over 600 people over the last couple years about Payton's professional and personal life, and his new book, "Sweetness" is what he claims is the result of such research.

I think the book is a self-serving attempt by Pearlman to make money and generate publicity.  Walter Payton has been dead for 12 years and died of a terrible disease when he was only 45 years old.  To  bring these issues up and uncover dirt on Payton, when he is no longer able to defend himself, is shameless and serves only to hurt those who were closest to him for profit.  Had the book been written to show the dangers of playing professional football about the damage done to the body, concussions, depression, drug dependence and how that affected a legendary player like Payton after the glory days were over, then it would serve a purpose.

A lot of players, after they retire, can’t walk, have long term memory issues, are financially devastated, addicted to drugs, and some have even committed suicide (i.e., Dave Duerson).   When Payton played football, salaries weren’t what they are today.  Even Terry Bradshaw took a job outside of football during the off-season as a car salesman to supplement his football income and that guy won 4 Super Bowls.  Of course, that type of book wouldn’t sell as well as a book on a person’s secrets or dirt.  I would think most people don’t feel sorry for those who have fame and glory and would trade places with them regardless of their problems.  As a result, we have a book about how imperfect Payton was in his personal life and nothing more.   

Pearlman, in my opinion, lacks taste, tact and should be shunned.  Consider this my official shunning.

David

Freedom At What Cost?

When a breast cancer survivor endures what she called a "humiliating pat-down" at an airport, it's time for all of us to wake up to the fact that in many cases, our federal government is completely out of control. Lori Dorn went through a full-body scanner and it detected her prostheses, her tissue expanders for a breast reconstruction surgery.

She had documentation to prove and explain the type of expanders she had, the medical evidence that she had undergone surgery. A TSA official refused to allow her retrieve the information and she was forced to allow an agent touch her breasts. And this, in front of other passengers.

This is Breast Cancer Awareness Month and it isn't lost on me the irony in this horrific situation. No one in this country should ever be subject to such public humiliation.

The TSA has apologized, but the damage has been done already. The question remains as to what Congress is going to do to fix this problem with over-reaching activities of the TSA.

It's shameful and members of Congress should be ashamed that this type of behavior has been allowed to continue.

David

The Importance of a Last Will and Testament

Despite recognizing the importance of having a Last Will and Testament, many adult Americans don’t have one.  The reasons for this vary, but include discomfort at the thought of one’s own death.  For many, thinking about their own death makes the concept real.  As long as they can avoid thinking about it, they can ignore the inevitable.

Unfortunately, failing to plan for one’s death won’t prevent it from happening.  Because of that, it is important to write a Last Will and Testament.

Every Adult Needs a Will

While people often think that only the elderly need to have a will, it is advisable for adults of all ages to have one.  It is especially important for parents of minor children, even if they don’t have significant assets.  Without a will, the State of Oklahoma decides who will become your children’s guardian.  In order to have a say in who will care for your children—should you die before they reach adulthood—you must draft a Last Will and Testament to state your wishes.

Even adults without families can benefit from having a Last Will and Testament.  You have worked hard to earn what you have—your home, your car, your bank account—shouldn’t you have a say in how it will be distributed in the event of your death?  Without a will, your wishes will be irrelevant, and the State of Oklahoma will decide how to distribute your estate.  In order to make sure that you have the final decision about how your estate is distributed after you pass on, you must draft a will.

Keep Your Will Up-To-Date

Once you’ve drafted the will, it’s also important to keep it up-to-date.  If you have a new child after you draft your will, you must update the will to include that child, even if you wish to state that the child will receive no part of your estate.  In most jurisdictions, including Oklahoma, if you don’t name all of your heirs, they or their legal guardian(s) will have the right to contest your will.

James Brown, "The Godfather of Soul", had his will contested in early 2007 because it failed to name the late singer’s youngest son, James Jr., and his widow Tami Rae Hynie (though, there was considerable controversy surrounding the legitimacy of Hynie’s marriage to Brown).

Brown’s will appears not to have been updated since the birth of James Brown, Jr., so it is unclear whether the omission was intentional or not.  The singer’s intention, however, is irrelevant.  Having failed to name one of his heirs meant that Brown’s will was open to contest, highlighting a situation that can happen to anyone’s estate, should they fail to update their will after major life events such as marriage or the birth of a child.

In order to make sure that your will is up-to-date, you should review your will after the following events:

·    You get married or divorced (a change in marital status may void your will);
·    You are unmarried, but have a new partner;
·    The amount of money and/or property you own changes significantly;
·    You move to another jurisdiction (some states do not recognize out-of-state wills as valid);
·    Your executor or a significant beneficiary in your will dies;
·    There is a birth or adoption of a child in your family;
·    You change your mind about the provisions in your will.

Get Your Will Drafted Now

As uncomfortable as it may be to think about it, we are all going to die.  By drafting a Last Will and Testament now, you ensure that your family is taken care of, and that your estate is handled according to your wishes—not the will of the State of Oklahoma.

Contact me today.

Bill Clinton: "No New Taxes." Huh?

You know we're living in very bizarre times indeed when former President Bill Clinton says that new taxes will not solve our financial woes.

Let that sink in for just a moment...Bill...Clinton.

Another oddity to the story is that it was Newsmax to whom Clinton gave that quote.  He said:

“I personally don’t believe we ought to be raising taxes or cutting spending, either one, until we get this economy off the ground."

He continued:

“If we cut government spending, which I normally would be very inclined to do when the deficit’s this big, with interest rates already near zero, you can’t get the benefits out of it,” Clinton said. “So what I’d like to see them do is come up with a bipartisan approach, starting with the payroll tax cuts because they have the biggest return.”

It would appear to most of us that the former President is becoming increasingly conservative in light of his party's failure to do that which they promised in previous election cycles.  President Obama's approval ratings are at record lows and unemployment continues to soar.

Could it possibly be that bipartisan efforts are around the corner?  Perhaps everyone in Washington is finally getting a grip on the reality that our economic situation must take a front seat to everything else.

David

OKC’s Palate-Pleasing Proprietors

The next time someone says to you that there just isn't anything to do or any decent restaurants in Oklahoma City, return the favor by asking them if they ever leave their homes.  Truth is that there are so many incredible locations, I decided to share the names of a few hot spots my wife and I frequent and in no specific order, mind you.

First, there's Sushi Neko.  Located at 4318 North Western, the atmosphere and the food are absolutely amazing.  Award winning Japanese food that will blow your mind.

Then, there's Mushashi's.  Located in the same area as Sushi Neko, Mushashi's is a Japanese steakhouse where the open atmosphere and cuisine is not only delightful, but entertaining as well.

One of my wife's favorites is Charleston's.  Whether it be their prime rib sandwich for lunch or their delicious salads, it is one of our regular haunts for more casual dining. 

Everyone who appreciates Mexican food has been to Ted's and Bri and I are no different.  Ted's is an Oklahoma legend and with multiple locations, Ted's will quickly become one of your favorites too.

And what would dining out be without something sweet?  The Cheesecake Factory is one of our favorites and one for the kids too. 

There are plenty of truly amazing locations for an evening out including, Opus Prime, Mahogany Steakhouse, Cantina Laredo, Mickey Mantle's, and La Baguette.  Sure, there are more restaurants that will satisfy virtually every palate, but I wanted to share just a few because I, for one, am tired of hearing from people that Oklahoma lacks great locations for evenings out.

So, there you have it.  Bon appetit!

David.

Redistricting Suit: Giving Lawyers A Bad Name

We always hear about how everyone hates lawyers - until they need one, of course. But one of the biggest problems we still have in this country is that there are too many lawyers willing to file suit because they are angry or for political reasons.

In an article in the Oklahoman, it was reported that yesterday, State Senator Jim Wilson (D-Tahlequah) filed suit challenging the state Senate's redistricting plan. It also seeks a court order to keep election officials from developing new precincts. In my opinion, this is little more than sour grapes and if the court grants the order, it will throw into chaos our elections next year.

And that is the last thing Democrats need right now...another reason to see voters go to the polls and voice their disapproval.

The bipartisan approach to redistricting in this plan is, to me, fair and beyond reproach. Republican leadership actually reached out to the Democratic leadership and attempted to work together in the redistricting plan. Apparently, not everyone is happy with the plan including Senator Wilson.

As the Oklahoman has reported, the Oklahoma Supreme Court threw out a previous lawsuit by Wilson, but he seems undaunted. Of course, it certainly doesn’t hurt that Senator Wilson is term limited and will not be affected by the suit.

During a time when the state is facing critical business and economic issues, this type of activity on the part of elected officials is a complete waste of time and taxpayer revenues.

Here's to hoping that this suit is thrown out and we can get on to seeing elected officials do that which we elected them to do.

David

Ignoring the Pink Elephant

We have to ask ourselves whether or not we've reached a saturation point politically.  While I love and enjoy the freedoms we have as Americans, I find myself increasingly frustrated with the intense level of tolerance voters have for their elected officials.  In many cases this year, we should be experiencing buyer's remorse, but instead, we're tolerating broken promises and ineffective leadership.

Living in HD100 has been an incredible experience for me and my family, and running for that office was very eye-opening. People throughout the community were candid with me about their concerns, their goals and what their vision was for legislative leadership. Today, it doesn’t really appear that their vision has been fulfilled, but rather has been cast aside much like we’ve seen in other House Districts as well - not to mention the whole of the legislative session being rather disappointing.

Oklahoma as a whole needs to see change, needs more than just “conservative talking points.” We need to see the legislature do that which they were elected to do. We’re seeing problems with infrastructure still, we’re seeing legislators gearing up for their respective re-election campaigns rather than actually doing the work of the people. Every House District in Oklahoma owes the voters of Oklahoma an apology and not just my House District.

On a federal level, it's as though we have lost our collective minds and only on the extremes of the left and right do we hear or see outrage and frustration.  There exists a vast majority of us who are also less than satisfied with our elected officials, but until now, we really haven't heard much.  The reasons are pretty simple:  We have jobs, families, church and friends that take up much of our lives and as long as that isn't disrupted, we seem happy to ignore the big, fat pink elephant in the room.

We have elected officials right now whose only claim to fame is that they went to conferences or signed onto someone else's bill.  Ignoring the voices who voted for them, they continue their surge into the vast wasteland of mediocrity and we seem to be ignoring it.  Not any longer.  I hope you agree with me that the time has come for accountability. 
David

Obama Job Approval At All-Time Low Not Surprising

According to a Gallup Poll this week, President Obama's approval rating is at an all-time low of 38%, with a solid 55% disapproval rating. To some, this may be surprising but for the rest of us in America, we're not surprised. The economy is tough, energy prices continue to stay at record levels and jobless claims are up.

Not surprising at all.

Neither should President Obama be surprised. Actually, he should have expected it to plummet. It’s really quite simple … broken promises anger voters. We see it on a local level and certainly President Obama experienced it while serving as a United States Senator. Unfortunately for the American people, many presidents surround themselves with people who tell them what they want to hear rather than that which they need to hear.

In my home, for example, we have a checks and balances system that keeps both myself and my wife balanced and focused. When we see troubled waters ahead, we are prepared and we act accordingly. This is not to say that our system is perfect, but it is one that works and works well. And most fortunately for me, I have a wife who isn't shy about sharing concerns and her vision. She tells me what I need to hear, not just what I want to hear.

Until the economy picks up, until we see real energy policy that supports domestic production, until we see Republican legislators doing the things they promised during their respective campaigns, EVERY elected official should expect low approval ratings and not be surprised when they face unprecedented opposition when election time comes rolling around.

David

Why Oklahoma?

I often get asked about why my wife and I decided to establish roots here in Oklahoma rather than moving back "up north" where I'm from. The answer is both simple and complex. Complex, only because it's often difficult to put into words emotions and feelings.

First, my amazing wife Briana and I love it here. Sure, it sounds cliché, but it's where we met and fell in love. Describing that emotion, the impact of our meeting here where the red dirt dominates, is often tough to accomplish. She attended Southern Nazarene University, has family here, and it just gets in your blood.

Second, Oklahoma is a great place to raise a family.

Third, Oklahoma is on the move. We have acquired an NBA team, we have numerous colleges and universities in the state that receive national attention, the oil and natural gas industries are strong and contribute greatly to our communities, and we're seeing more and more people choosing to make Oklahoma their home.

Fourth, the people are incredible. Oklahoma has faced its share of tragedies over the years and the truth of the matter is that those very tragedies that rip at our hearts, draw us all closer together. Community in Oklahoma is more than just a catchy phrase, it is a reality.

Fifth, stable economy. Other states have been hit with back-breaking down-turns in the economy but Oklahoma is still thriving with a low unemployment rate and companies are still hiring in Oklahoma.

There are so many reasons why Briana and I have chosen to plant our roots here, it would bore you to tears were I to ramble on endlessly about them. Briana and I have chosen to live here - not by compulsion, but rather by passion. We love Oklahoma and the people of Oklahoma. While others have been born here, we are here because we love it - not because we "must" live here.

So, there are some of your answers.

David

Introduction

Welcome to my foray into the blogosphere.  I thought it only appropriate that the first thing I do is to introduce myself, my family to you so you get an understanding of who it is behind the blog.  Many blogs are anonymous, but not this one.  It's all mine.

I was born on September 8, 1978 in Oak Lawn, Illinois. While growing up in Illinois, I attended private Christian schools from kindergarten through high school, graduating from St. Rita High School in 1996. Thereafter, I went on to attend Northern Illinois University, where I majored in Business (Marketing) and graduated with my Bachelor of Science degree in 2000. At Northern Illinois University, I was an active and dedicated volunteer in the community and served the university with distinction through involvement in student government and on several university committees.

After graduating from Northern Illinois University, I accepted a position as a Law Clerk with the Cook County State’s Attorney’s Office with the intention of serving the public while attending law school in Illinois. However, after several visits to Oklahoma with my father, an amateur bulldogger, I fell in love with the people of Oklahoma and decided to attend law school at the University of Tulsa. I moved to Oklahoma in 2002 and met my wife Briana (Mauldin) Looby in 2003. I then earned his law degree from the University of Tulsa and was admitted to practice law before all Oklahoma courts in 2005.

In 2006, I earned my Master of Laws (LL.M.) degree in Taxation, concentrating on federal and state taxation, from the University of Florida, the number two ranked tax law program in the nation. Then I returned to Oklahoma and accepted a position with the Oklahoma Republican Party where I assisted the party in its fundraising activities. Thereafter, I accepted a position as an Associate attorney with the Oklahoma City law firm of Phillips, McFall, McCaffrey, McVay and Murrah, P.C. (now Phillips Murrah) in the firm’s Corporate, Tax and Transactional Departments. After a year with Phillips McFall, I left to form his own law firm, Looby & Associates, PLLC, which successfully operated from August 2007 through December 2008. In January 2009, I partnered with my longtime friend, Dale Cazes, to form the law firm of Cazes & Looby, PLLC. Recently, a third partner was added and the firm is now known as Cazes, Looby & Jarvis, PLLC.

Since my return to Oklahoma City, I have consistently fought to uphold Oklahomans’ rights on federal and state tax issues when dealing with the IRS and Oklahoma Tax Commission. My practice is committed to protecting ordinary citizens from having their businesses closed or property levied upon by powerful government agencies. As a successful tax attorney, who regularly sees government abuses of power, I know firsthand how difficult and scary it can be for the average citizen when dealing with the federal or state government. I am a strong fiscal conservative who believes that taxes should be cut, government spending controlled and government abuse eliminated.

Me and Briana

I am happily married to Briana (Mauldin) Looby and have three amazing children: Jacoby, Ainsley and Brinkley. Jacoby and Ainsley both attend Christ the King School. My wife, Briana, attended Southern Nazarene University and majored in Psychology.  Briana and I are devout Christians, members of Christ the King Catholic Church. In my free time, David enjoys pheasant, turkey, deer and quail hunting, fishing, reading, cooking, reality television, sports and spending time with my beautiful wife and children.

Current Admissions, Memberships, Affiliations and Licenses:
Oklahoma, 2005
U.S. Tax Court, 2006
U.S. District Court, Western District of Oklahoma, 2006
OREC, Real Estate Broker License, 2009
U.S. Court of Appeals for the Tenth Circuit, 2011
Oklahoma Bar Association
Oklahoma County Bar Association
American Bar Association
Oklahoma City Masonic Lodge No. 36
National Rifle Association
Oklahoma Conservative Political Action Committee
Oklahoma City Chamber of Commerce
Northwest Chamber of Commerce
Oklahoma Bar Foundation

Jacoby – 9 yrs old
Ainsley – 5 yrs old
Brinkley – 1 yrs old

So, there you have it, friends.  My humble introduction into the blogger world.