WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Saturday, February 18, 2017

DIARY OF A MAD PRESIDENT MAR-A-LAGO EDITION

Dear Diary--- just a quick update for Sunday morning. Gave a small speech yesterday. Said "Look what's just happened in Sweden today." because of all the non-vetted refugees/terrorists they let in. Swedes quickly responded on twitter and fake media that nothing bad happened. 
Fake media not reporting news. Fake country. 
Add to enemies list: Sweden. Ikea. Cheap furniture. Takes away american jobs. Memo to self to send in Natl Guard and take that Ikea stuff and sell it at Sears. 
Memo to White House chef: "Pepe, please remove Swedish meatballs from menu. Keep those american burgers coming.DJT."
Memo to Ivanka- no more Dancing Queen.ABBA is verbotten at mein Vhite House. I love the whole German accent thing. Freaks out her pipsqueak husband Jared. Back to Sweden- Memo to Natl Sec Advisor (as soon as one agrees to job) "Shoot a few cruise missiles across Sweden. Patton did it and it worked for him.DJT."

Dear Diary...
Another weekend at Mar-A-Lago, the only $200,000.00 members only winter White House.What an amazing winter White House. Fantastic. Nobody has ever seen a winter White House as tremendous as this one. 
Obama took all those days golfing and flying who knows where and doing who knows what and it cost so much money and this is completely different because...uh...never mind. 

Benjy Netanyahoo- what a name. To be the Prez of Israel and named after a website. So cool. Maybe Google can be changed to Trump? People would say "I'm going to Trump when the next Super Bowl is" or "I'm going to Trump grabbing college freshmen women by the p...." Never mind. Memo to self: Leave Google be. 

Enemies list. Fake news media. CNN. Failing NY Times. NBC. ABC. CBS. ESPN (bring back USFL!!). BBC. Foreign Fake News media. Has a nice ring to it. Memo: Prez of Mexico has 49% stake in NY Times and CNN. I heard that on Breitbart and Fox. 
That guy who turned down the National security advisor job. And that other guy who did too. And that third guy who turned it down as well. New Mexico. Any state with name of Mexico in it can't be a Trump state. 
NATO. Failed. Old. Hitler used NATO to invade London. Historical fact. Maybe its time we and Russia got rid of NATO. If you change the letters in NATO to M  E  X  I  C O you get Mexico. Media never reports that.  

Hillary Clinton got no electoral votes. I won them all. Even Reagan didn't do that. He lost like four votes in Milwaukee to Kennedy or someone. Media doesn't report that. Woops...fake media doesn't report that. 

I agree we need theme for week. This week: enemies of the state: Media. Failing NY Times. National Security Counsel is enemy of people. A job loser. Did Patton have a National Security Advisor when he invaded Korea? No. I don't need one either. 

I love the Constitution. I love the bill of rights. All those rights, and we got a bill for it which we paid because back then we didn't have a deficit. We're going to bring that back. Rights. Wonderful rights. Tremendous rights. People are saying they've never seen anything like the rights we are bringing back. 

Amazing. Best Presidency. Ever. People are saying they've never seen a presidency like this. The OshKoshByJosh-National Enquirer national poll has me at 93% winning. I'm a winner. Amazing poll. Tremendous. People are saying they've never seen a poll like that. 

Final thoughts. Shutting down border with Canada. Saw a briefing. Thousands of jobs being lost to Alaska. Can't have that. Jobs need to stay in America. 

Gonna bomb John McCain with a stealth B-99 Bomber. The same one Patton used to drive the Italians out of Australia. 

I love being president. 


Thursday, February 16, 2017

TAKES ONE TO KNOW ONE

45 says the issue of former Natl Sec advisor Flynn resigning is due to conspiracy theories. 



Conspiracy theorist? Takes one to know one.


Obama's  birth certificate is a fraud. 
Obama registered as a "foreign student". 
News. 

Wiretaps showing the national security advisor illegally negotiated with a foreign government during the administration of a prior president= Fake News/ conspiracy theories. 

President Trump: "The leaks are illegal."
Candidate Trump: "I love Wikileaks"

Up is down. 
White is black. 
Truths are lies. 
Lies are true. 

From Occupied America...Fight the Power!

Wednesday, February 15, 2017

A CRISIS OF CONFIDENCE?

White House in crisis? 

How about the SAO in crisis? 

We received this comment:
Anonymous Anonymous said...
Morale at the office is at an all-time low. So many people have dropped papers that almost no one with experience is left to replace the open positions. At some point, this is going to mean that an important case is mishandled because really how can you expect ASAs who've been at the office barely 3-4 years to handle serious cases? And why is everyone leaving? Shit pay, zero appreciation, nonsensical administration, and a State Attorney who is so far removed from actual office and court life that she thinks the biggest problem in the office is the dress code. Money could be better distributed. The office could be better organized. But that would require a better leader. Leaving the office will be bittersweet but necessary.
Tuesday, February 14, 2017 11:37:00 PM


What we want is to hear from the other side. A spirited defense of the Miami SAO, once the premier state prosecuting office in the nation. Lets hear from those prosecutors who want to say all is well, morale is great, and things couldn't be better. 

Let's get to the bottom of this. Is there an internal crisis of confidence at the SAO or not? 

From Occupied America...Fight the Power!

Tuesday, February 14, 2017

THE I WORD 1.0

So much to blog about. 

There's the transcript of the phone call between Obama and Trump to be detailed in our "Phone calls of a Mad President" - a snippet: 
Obama: "Bro, you can't be reading documents about a North Korea missile launch in an open restaurant by the light of your aides cell phone light apps. You need a secure room."
Trump: "You're not letting Michelle shop at Nordstroms are you?"

But lets stick with current events. 
Gen Flynn, National Security Director resigned Monday night, a few hours after 45's shill: KellyAnne Myway expressed that 45 had "complete confidence" in his NS director. 
Moral of the story: Don't F with the Vice President. Every administration has one center of power you can't mess with. Bush 43 had Cheney.  Bush 41 and Reagan had James Baker. Obama had himself, the VP, and Valerie Jarrett.
Flynn lied to the Veep and now he's out. 

The question is : What did the President know when Flynn was 
Говоря с россиянами (Govorya s rossiyanami) speaking with the Russians, and when did the President know it? 
Amazingly, Russia is the center of controversy with 45, going back to the early days of his candidacy. Paul Manifort had deep ties to big red. So did Flynn, who may have pocketed some cash during a dash to the Kremlin and back a year or so ago. 

Now, if Flynn- at 45's direction, was undermining US policy and sanctions of the Obama administration during the time Obama was president, then the "I" word is on the table- and we don't mean "I"vanka's "I"nventory at Nordstroms. 

The FBI is investigating. The Senate is investigating. And even the CIA- relegated under Trump and Flynn to second spy-status in the first three weeks of the administration- is racing to Fed-Ex-Kinkos to find a fax machine to tell 45 they might have some info on this. 

It's chaos. Just the way 45 likes it. 

Every day the stock market indexes sets new highs- (buy the IJH ETF on small and midcaps as well as the KBE ETF on banks to play the return of capital tax legislation, and while you're at it, Apple is still a buy as it is going to 150); North Korea is launching missiles;  Ice Caps are melting; people with more than two vowels in their name are banned from the US; our immigrant clients are being rounded up and sent on the St. Louis back home; and a seventy year old ego-maniac roams the halls of the white house residence at all hours of the night in his bathrobe, watching CNN, tweeting, and cursing Nordstroms to startled aides who cross his path. 

It's all good. You couldn't make this up if you tried. Imagine this pitch from a producer to a NetFlix exec in 2012:
Producer: "Ok..imagine. Donald Trump is elected president. He is in bed with the Russians. He has no idea what he is doing and spends his days tweeting, threatening stores who cancel his daughter's clothing line, and orders the Pentagon to invade Montreal?"
NetFlix Exec: "Uhhh... pass. What about that idea for a series about a Bail Bond Agency in Miami that uses ex-strippers to track down felons who skip out on bonds? "

From Occupied America...Fight the Power!  


Monday, February 13, 2017

COMMITMENT IS A TEN LETTER WORD

We received some emails from the SAO.   
Upshot: The SAO is not a fun place to work. 
Everything is scrutinized and anyone who sticks their neck out gets it chopped off. 

Exhibit one: 
From our source:
An ASA who's worked at the office for over three years is leaving on Friday and an email for his/her going away happy hour went out to all ASAs in Graham at around 4pm today. The text of the email is below (with the name of the ASA omitted):

The SAO email: 

_______ has left the SAO!
With _____ gone, our halls will be a little more quiet and the Public Defender’s office will rest a little easier knowing _____ has hung up ___ trial shoes.
Come to Blackbird Ordinary right after work this Friday, February 3, 2017, to celebrate ______ time at the State Attorney’s Office and be reminded of just how much of a trial-dodger we all are.
Date: Feb 3, 2017
Time: Right after work
Place: Blackbird Ordinary
If you choose to drink please do so responsibly.

_______________

From our source: 

This ASA is well regarded by his/her peers as a great trial ASA and a hard worker and it's common knowledge that he/she is leaving before he/her just welcomed a baby into the family and the SAO salary isn't cutting it. Suffice it to say his/her happy hour will be well attended by and colleagues and well wishers and everyone is sad to see him/her leave. Even though he/she has been at the office for more than three years the upper management in Graham says he/she didn't serve out his/her three year commitment so he/she can't leave with his/her badge encased in plastic. 

Someone in management, writing from KFR's personal email account, was none to pleased with the happy hour email and responded with this doozy a few hours later:

________________

KFR email: 

I understand and, certainly, encourage the celebration of an ASA’s years of service to our office and to the public.  However, I was troubled by this email, because I was not aware that such emails were being sent on behalf of ASAs who were/are breaking their commitment to this office and the community we serve. 
As all of you know, we, as an office, take very seriously the commitment made by incoming ASAs.  I do not feel it is appropriate to use office e-mail to celebrate the departure of ASAs who have not honored their commitment.  What was particularly disturbing and offensive about this email, was, also, the denigration of those who work very hard and honor their commitment by stating that they are “trial dodgers.” 
I would like for you to develop a policy on the distribution of these types of emails.
Thank you.

_________________

From our source:

Needless to say, that's not a good way to boost the morale of your underpaid and overworked employees. The ASA in question served more than three years and isn't going to work for a direct competitor in the criminal defense field. And when someone isn't getting paid enough to support their growing family they don't have many choices but to leave the job they love and excel at. Also, the trial dodge line in the original happy hour email was an inside joke that clearly wasn't understood by the sender of the email from KFR's account. If anything, the response email will drive up attendance at the going away happy hour. 

Rumpole notes:
What an awful place to work, where emails are scrutinized and even jokes are criticized. 

From Occupied America...fight the power! 

Saturday, February 11, 2017

DIARY OF A MAD PRESIDENT 2/11/2017

Nordstroms. Nordstroms. Nordstroms.

Dear Diary. I hate Nordstroms. I'm wondering about how they'd feel if the 10th Mountain Division took a stroll through the store?
Gonna tweet. Testing which is better..."failing Nordstroms"..."empty Nordstroms"... "Nobody goes to Nordstroms"...

Memo to self: Call Library of Congress. Get Librarian to give me slogan on Nordstroms. Also...turn Bannon loose on Nordstroms. Whole fake news thing. Hillary shops at Nordstroms. Obama-Care created by Nordstroms. Isis loves Nordstroms. Heard Nordstroms has separate fitting rooms for terrorists wearing those bib thingys.

9th Circuit ruled against me. Some BS about court limiting president's power. They never did that to Obama. Or Nixon. Or Patton. Memo to Bannon- Make me the Nixon/Patton president.

Tweet: "Ninth Circuit has charge account at Nordstroms. Very strange. FBI looking into that."

Worked on the budget today. Lots of suits around table. Deficit, Taxes. All I could think about was Nordstroms cutting Ivanka's clothing line.

Sending Seal Team Six into Yemen. Or someplace like that. Gonna have them drop some Nordstrom bags into the terrorists closets and then take some pics.  Bin Laden had a Nordstroms account. CIA gonna leak that for me.

Meeting with Navy brass later. Issues about scheduling Carrier fleet deployments in South China Sea or something like that. Gonna ask the Admirals if they shop at Nordstroms? Why call it the China sea? Do they own it? No. How about the US Sea? Manhattan sea or Fifth Avenue Sea? Memo to Jared to set the map people straight.

Presidential Executive Order #15. "Effective immediately for National Security reasons, no member of US Armed Forces or government employee may shop at Nordstroms." DJT.

Enemies List: 9th Circuit Court of Appeals. Nordstroms. Loud-Mouth Liz Warren-Pocahontas. Martinique. Boy Scouts of America. ASPCA. Puppy-Bowl. 

Golf this weekend with Chinese Prez Abe. Or Japanese. What's the diff? Sushi. Chop Suey. It's all the same.

Secret Service shutting down Nodstrom's at West Palm mall. Threats of some sort. Long investigation. Should be open by July. Hahahahaha. I love being Pres.

Gotta go. Gotta set PM of Fiji straight or can you say Aircraft Carrier Patton?

Thursday, February 09, 2017

SO- CALLED APPELLATE COURT AFFIRMS SO-CALLED JUDGE

This is why we celebrated the Trump win. The spectre of constitutional crises every day.

Thursday evening the 9th Circuit court of appeals ("Dude...affirmed!") affirmed the order of the District Court Judge.

The constitutional crisis in the Nixon administration started with the Saturday night massacre, and ended six months later when the Supreme Court upheld the district court judge's order requiring the white house to produce the tapes.  Nixon resigned in August 1974 and Gerald Ford declared "our long national nightmare over." (Over/under on Pence saying that is November, 2018).

In May, 1861, two months into office, President Lincoln suspended the great writ of habeas corpus and then defied the US Supreme Court. As Judge Hirsch has probably recounted dozens of times to dazed young PDs and ASAs,  John Merryman, a State Legislator from Maryland was arrested for hindering the movement of Union Troops.  Merryman was held at Fort McHenry. His lawyer (not Sy Gaer) filed a for a writ of habeas corpus to bring the body of the defendant to a district court. Lincoln issued an executive order (well before Trump ever did) that suspended the right for the great writ of habeas corpus on military bases. The commander of the fort followed the order of his commander in chief and refused to deliver Merryman.

US Supreme Court Chief Judge Roger Taney paused briefly in his penning the Dred Scott decision to rule that Lincoln did not have the authority to issue an order suspending habeas corpus. Lincoln sat tight. He didn't respond. He didn't reply. And he didn't order Merryman released, and we had our first constitutional crises.

We are a blogger of the people. We don't mingle with hoi polloi, but we sometimes visit and observe. And Thursday night was an exercise in the people's version of constitutional law. We sat transfixed, nursing a cheap (for us) Cabernet while a twenty-something SoBe bartender with rings in her nose, lips and ears, and a sleeve of tattoos not covered by a revealing tight black tank-top  lectured us about standing, the 9th circuit, and that their order had no basis in the establishment clause of the first amendment. Fascinating.

We wrote- what seems like an eternity ago- that Article III judges were all that stood between our president and a dictatorship. While we disagree with the 9th circuit's analysis, we are proud to live in a country where a Judge can tell a president "NO" and No means No -Lincoln and Taney not withstanding.

Lincoln refused Taney's order two months into his presidency while struggling to deal with a rebellious Maryland border state. Not to be outdone, 45 has provoked a crisis less than thirty days into office while struggling to deal with a rebellious white house staff. 

Here's the order from the 9th.



From Occupied America...fight the power.

DARKNESS AND LUCK





"And a darkness settled over the 
land. It was a time of upheaval, and pestilence, and tweeting. And his name was Sessions."

The Chronicles Of the End Of America, Horace Rumpole, p. 124. 

Meanwhile, as we predicted Wednesday Morning, and the Captain confirmed Wednesday night, Judge Luck was elevated to the 3rd DCA. 


From Occupied America. 
Fight the Power.