GEN A MONDAY HURRICANE CARTER BLISS

Monday Update: Required reading: The NY Times Article on Chaos at the Justice Department. Do not miss this.  

If you didn't catch it, check out our football post yesterday where our secret theme was Gen A slang. 6-7.

For those of you not Gen A, think about this. Your childhood punishments were going to be early, not going to the party, being grounded at home.  For us Boomers, those are now our ideals.

The Ballad Of The Hurricane.

For you Gen X,Y,Z lawyers and Judges, there was a man named Rubin "Hurricane" Carter, from Newark New Jersey, who was the number one contender for the middle weight boxing crown in 1966 (back when that meant a whole lot).  Newark was erupting in flames over race-riots, and there was a triple murder at a bar downtown. In another part of town Rubin and some friends were stopped by the police ( or as Dylan sings, "Rubin was driving around with no idea what kind of shit was about to go down."). A known (white) felon was found in the bar with the bodies, but he said was just there to do a robbery when three black men came in and shot the place up. The police saw an opening to close the case and take down a hero to the African American community. One person in the bar survived the shooting, so they brought in Rubin for a show-up at the hospital. The surviving victim affirmatively stated that Rubin Carter was not the man. Nevertheless, with the use of white cooperating witnesses found at the scene of the murder, the all-white jury convicted Rubin Hurricane Carter when he was at the peak of his career. That set off one of the saddest legal odysseys in American Criminal Law. 

Carter was convicted in 1967. The Supreme Court overturned his conviction in 1976. Carter was convicted at a re-trial in 1976, that was if anything, more tainted by racism, prosecutorial misconduct and discovery violations. A federal habeas petition landed on the desk of US District Judge H. Lee Saorkin of the New Jersey District Court- a heroic judge. Saorkin issued a scathing opinion stating that Carter's conviction was "predicated on racism not reason" and "based on concealment rather than disclosure [of exculpatory evidence].  Judge Saorkin ordered Carter's immediate release. NJ Appealed to the Third Circuit and lost, and the US Supreme Court, back when defendants had a chance there, denied cert. The case was then dismissed with prejudice. Carter moved to Canada (can you blame him?) where he spent his remaining years as an advocate for the wrongly convicted. He died in 2014, a majority of his adult life taken from him by a racist criminal justice system in the greatest country in the world (note the sarcasm in the last part of that sentence.)

 We once played this song in closing argument. In federal court. Really. It is one of our favourites, and it gets you thinking about the "greatest" justice system on earth, that took a man's life, and destroyed it. 

Our favourite line: Dylan singing about the use of an informant: "How can the life of such a man, be in the palm of some fool's hand?" 

NFL WEEK 11 2025 OLA! AND SECRET THEME EDITION

Madrid Update:  If you ask ChatGBT or Perplexity about the worst coached game in the history of the NFL, the gremlins are busy adding a picture of Miami Dolphins coach Mike McDonald. Because today, with the game tied, the ball on the goal line, less than a minute to play, and Washington out of timeouts, McDonald the genius elected to run the ball and eschew a game winning field goal. Now, not only did the Commanders know that Tua was going to hand off the ball to Achane, but the Madrid family of four, who has never seen an NFL game and was sitting in the upper deck with free tickets, knew the ball was going to Achane.  Perhaps the worst coaching decision in the history of sports. If you had the Fins -2.5 you had to be beside yourself with incredulity at the stupidity of the decision. 

The fact that Miami escaped with a win because DC QB Mariota thew an INT on the first play of OT, and McDonald elected to now kick a game winning FG from the 20, does not change the fact that your Miami Dolphins are being coached by a person with the football IQ of a turnip. 

We gave you the under, and Achane rushing over 80, and our sweet 250 parlay on those two events has put us solidly back in the black for November. 

 OLA! Your Miami Dolphins are in Madrid, fresh off their slay of the Buffalo Bills, looking cooking, bussin for this game, and playing a Washington Commanders team with a back-up QB and just going through the motions. Which means...the Dolphins are sus and will let you down.  If you want them, you have to lay 2.5 with your hard-earned Euros. Pass, cap. 

Enough with the overs which have drained our Hard Rock Account, cap. We are going under 47 and big over 80 rushing yards for Achane. Achane over rushing has been ate, and our savior all year, and we need him to break off a few big ones so we can get back to ordering Petit Syrah's instead of hard seltzers, and get the king crab that will be hitting the 305 this week. 

Survivor is down to two- Rump vs the strategic master of appellate law- Dan Tibbett. We are both going AFC north this week. Tibbs rolling with the hometown Steelers, whose defense has been dog-water and got wacked by the Bengals just a few weeks ago, and may have revenge on their mind. Rump's maxxing with the Ravens, playing in the mistake by the lake, as the Browns are a team in more disarray than the US Attorneys Office for the SDFL. At least that's the Tea about that office. 

We have a secret theme for our picks this week. Can you guess it? 

Many of the games are mid and we are looking for value because we need our picks to slay. 

Ravens -7.5 over Browns.  Number seems high. Should be like 6-7.  Everything about Cleveland's game is basic, while the Ravens are bussin lately. We are taking Baltimore to add to our bankroll and avoid an L in Survivor. 

Eagles -2.5 at home over Lions. Philly plays Ohio at times, but we think they are skibidi. 

And the game of the day,  (no it's not Houston at Tennessee) it's KC at Denver.  KC is -4 at Mile High, which means the Broncos, with a lit D but mid offense are a home dog.  We're mogging Mahomes playing with his back to the wall for a playoff spot, and since he's our FF QB, we are locked in with Mahomes and the Chiefs, and while we are glazing Mahomes, we think he will be cooking. KC -4. 

So before you say Just Put The Fries In The Bag, Bro we are done. Hope your Sunday slaps. 6-7.

Judge Dube Has Passed Away

 To start, we have the sad news that retired federal magistrate judge Dube passed away. Head over to DOM's blog where has up his post in 2013 about Judge Dube when he retired. Judge Dube was a wonderful and decent man, a pleasure to appear in front of, a Marine, and the kind of Miamian that made this city great. 

There are 48 days left in 2025. Wow. And speaking of trials, that leaves the next two weeks, and the weeks of December 1, 8, and 15 to get those trials in. And it is never too soon to remind all of our readers on the very first and most important of Rumpole's rules for practicing law- never ever ever agree to allow a case to be set for trial the first week of the new year- and the first two weeks if you can help it. 

What Rumpole is reading: Frozen River, by Ariel Lawhorn- a murder mystery novel taking place in Maine in the 18th century. Be prepared to be cold with the amazing descriptions of Maine's winter.  The War of Art, by Stephen Pressfield. How does resistance manifest itself in myriad forms in the artist, and what the artist can do to overcome it. American Coach, The Triumph and Tragedy of Notre Dame Legend Frank Leahy, by Ivan Maisel.  A Big Mess in Texas by David Fleming, about the 1952 Dallas Texans, the team, and Buddy Young's fight to become an NFL player and overcome his diminutive size and racism. Gettysburg: The Tide Turns, by Bruce Chadwick- an oral history of the battle at Gettysburg told though diaries, letters and firsthand accounts. 

What Rumpole is watching- the new Springsteen Biopic Deliver Me From Nowhere, (naturally), and on Netflix- Death By Lightening- the series adaptation of the remarkable recent book about the election and assassination of President James Garfield. The first two episodes are superb. 

A beautiful November weekend awaits, and perhaps a winner in this epic REGJB Survivor Pool battle. 

  

A GREAT DAY IN AMERICAN HISTORY

 Today November 13 is a great day in American history. 

A seemingly minor domestic spat set off a chain of events that resulted in an interpersonal relationship that over a period of several years changed everything. 

It just goes to show you that not all domestic arguments should end up in DV court with the 800 week program. Sometimes a simply change of scenery and roommates is all it takes. 

Enjoy. 

TNF: The streaking Jets, suddenly the hottest team in football going 2-0, play the revamped Cheaters, suddenly the leaders in the AFC East. Jets -13 seems a bit much, but fresh off our disastrous over pick on MNF (was the score 3-0 at halftime?)  we are going with the over 43 tonight in the hopes that more action will lead to less drinking, and less of a hangover tomorrow as we head into what is nothing less than a glorious So Fla weekend. 

WHO IS GOING OFF THE RESERVATION

 There is chatter that judges want to do away with zoom. 

And why wouldn't they? 

It helps lawyers. 

It helps litigants, many of whom cannot afford to pay for parking. 

So why wouldn't those who wear black all the time and don't feel respected unless they sit above everyone else want to end the single most helpful innovation in the law since Westlaw made Shephardizing a case as easy as clocking on a button?

Ah, but as we dive deeper into this pending contretemps, it turns out it is not all of the judiciary. We paint with too broad of a brush. So who could it be? 

It's not the DCA judges. They're busy cutting back on oral argument, so any lawyer lucky to get an invitation to appear is going to jump on it. 

And it's not the Circuit bench because they need to wrap things up early and polish that DCA / US District Court application. 

The feds never really had it. Plus you don't get hearings on most matters. Write a motion, prepare an order denying it, keep track of your CJA hours, and you're all set. 

So who could it be that feels undervalued, disrespected, and needs to throw a temper tantrum like North Korea so they won't be ignored?

Why it's the County Court criminal judges who want to do away with Zoom!

Why? 

Because they will not be ignored. They are doing really really important stuff and unlike those pushovers in Circuit, they need lawyers and litigants on bended knee, begging for their attention so the important business of imposing a w/h or adj and court costs and time to pay can be resolved with the Solomonic wisdom they all possess and just need everyone else to know about.  ("Did you see the way Judge XYZ adjudicated that woman which means she will lose her SNAP assistance? Brillant! Just Brillant.") And if the poorest people in the system miss work and have to pay for parking, which means they cannot shop for food for the next day, then....just work harder, duh! 

They can do what they wish. We never go there anyway.  But we will tell you this, they drag defendants and lawyers to county court every day for their nonsense and do away with Zoom, we will harp on this every day until our last day blogging (June 30, 2026).  And we will give credit to those behind the push to do away with Zoom.  Because there is no reason the judges who do away with Zoom should not get all the credit they deserve. Over and over and over. 

So as they say in pleadings, 

Kindly Act Accordingly. 

VETERANS DAY

 We run this every year. It's important. Here it is again in 2025, when our veterans are called, privately, as dumb for risking their lives for our country. 

In Flanders Fields the poppies blow
beneath the crosses row on row
That mark our place; and in the sky
The larks, still bravely singing, fly;
Scarce heard amid the guns below,
We are dead. 
Short days ago, we lived, felt dawn glow;
Loved and were loved 
and now we lie
In Flanders Fields. 
If Ye break faith with us who die,
We shall not sleep, though poppies grow 
In Flanders Fields.
John McCrae
WWI Solider who died on the front in France of pneumonia in 1918.




While you're at it click here and read Judge Jon Schlessinger's moving tribute to his Uncle Edward Kielich, who was buried with full honours at Arlington Cemetery. 


They’ve seen things we could never imagine.

They’ve done things people were not meant to do.

They risked their lives so we can live in freedom.

They are our veterans and today we honor them.


107 Years  on the 11th hour of the 11th day of the 11th month of 1918 the guns of the great war fell silent.

Our Boys, The Doughboys, lie at rest in places with names like Flanders, Bony, and Belleau. They died on battlefields named Marne, Somme, and Verdun. Almost 5 Million Americans were in uniform for World War I, and over 100,000 died, and more than half of those deaths were on the battlefield.

It was the first time American boys would be asked to save Europe. It would not be the last.

Our nation has answered the call time and time again. Mostly for the right reasons, but not always. Yet we’ve always answered the call. And the price has always been high. Our young men and now our young women lie in battlefield graveyards all over the world, never to grow older, never to see the results of their sacrifice. Sacrifice given with the full assurance that their country would never let them down and would never forget. Sacrifice that Abraham Lincoln called "The last full measure of devotion."

Today we remember. And at 11 am, stop for a moment and take two minutes and reflect on the good things in your life. Think of your home, or your children, or your parents, or the freedoms you enjoy, and your comforts and remember none of that would have been possible without them.

Thank you. It doesn't seem enough, but Thank You, each and every one of you.

MONDAY 11 10 2025 NEWS AND NOTES

 Good Monday morning REGJB! Court is opened Monday and closed Tuesday (11/11). Good luck with jury selection today. 

Come Tuesday morning we will have our first cold snap of the fall, when temps start dropping late this evening. By Tuesday morning it will dip to 49! Sweater weather! We love it. And remember to skip that extra large Starbucks coffee order and donate to a local Miami food bank. 

On Sunday night, as blog readers were counting their winnings (we gave you Fins over Cheaters, the Jets blowing the first pick by beating the Browns, and Seattle over Arizona) a group of senate Democrats were agreeing to a temporary funding bill that would re-open the government until January.  Air travel would return in time for Thanksgiving (unfortunately that includes MIA which we abhor), and SNAP would be fully funded allowing people to use their recently worthless TRUMP cards (Terror Reigning Under Meal Payment cards). In return, the Democrats did NOT get relief for those paying the exponentially higher premiums when renewing their Obama care. 

So let's summarize. To punish the democrats for not agreeing to the government funding bills, the republicans made food and health care unaffordable for many working-class Americans. Seems to us like a good election strategy for the midterms: take away food and health insurance. Sure, that works. The only thing left is to raise taxes on those earning less than $60,000.00 a year to incentivize them into working harder and earning more. 

What did you miss most about the government shutdown? Visits from pesky USDA inspectors? The FDA regulating new medicines? Air safety? 

Don't forget to thank your favourite federal courtroom deputy from showing up and keeping court running smoothly without being paid. Ditto to the federal PDS. 

You can make your donations to help feed Floridians using the money saved skipping your Starbucks drink here:

Feeding South Florida 

or  These Florida Restaurants have stepped up with free meals to people with worthless SNAP/Trump cards. 

We are down to TWO in the Blog Survivor contest, as Carolina let Lucy Lew down. It's just Rumpole vs. the appellate master of disaster: Dan Tibbett.