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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, January 19, 2007

GITMO & DUE PROCESS

THE CAPTAIN REPORTS:

Last week, in a radio interview, Charles "Cully" Stimson, deputy assistant secretary of defense for detainee affairs, told a radio audience that, 'the major law firms that are representing detainees at Guantanamo Bay were un-American'. He went on to suggest that corporate CEOs should fire the law firms. Stimson then read, to the listening audience, the names of the law firms that were representing these detainees, pro bono.

The New York Times, ran an editorial soon thereafter and stated that "it does not seem to matter to Mr. Stimson, who is a lawyer, that a great many of those detained did not deserve imprisonment, let alone the indefinite detention to which they are subjected as illegal enemy combatants". Stimson simply forgets about the fundamental American right that everyone should have legal counsel, even the most heinous villain.

Stimson also needs a refresher course on historical legal cases. The US Constitution does not limit the right to due process of law only to American citizens. Two great precedents include the case involving the Boston Massacre in 1770 and the slave rebellion case involving the Amistad. Interestingly enough, the lawyers for the defendants in each of those cases were US Presidents.

In 1770, John Adams represented the "odious" Redcoats charged with firing into a mob of Colonials, killing five people. Another famous patriot, Paul Revere, helped to supply the evidence. The rancor and clamor for the hasty conviction and execution of the British soldiers were deafening. It is incredibly difficult to imagine the challenges that Adams faced in his quest to win a verdict of acquittal, which he did achieve for six soldiers.

In 1839, John Quincy Adams championed another unpopular cause, representing an African named Cinque who led a rebellion of captives aboard a slave ship, the Amistad. Cinque and his followers were charged with murder and piracy. In the end, John Quincy Adams won their release after argument before the U.S. Supreme Court.

The point here is that even non-citizens -- at that time slaves deemed by many Americans as sub-human cargo -- were given due process of law and the right to legal counsel. Mr. Stimson, on the other hand, argues that corporate America should fire law firms whose lawyers have represented the Guantanamo detainees because they "are representing the very terrorists who hit their bottom line in 2001."

On Wednesday, Florida Bar President Hank Coxe sent a letter to President Bush asking for his immediate repudiation of the statements made by Stimson. Coxe called Stimson's comments “abhorrent to the highest ideals of this nation’s legal profession and an affront to the lawyers who provide legal services to the needy and oppressed throughout Florida and America.” Coxe went on to say that, “It is clear that those lawyers and law firms representing the detainees should be applauded, not attacked, criticized or associated by innuendo with wrongdoing. The lawyers who have undertaken representation of detainees, no matter what their personal beliefs, are doing precisely what this profession and a civilized society demand – to suggest otherwise is dangerous and offensive to our Bill of Rights.” Coxe concluded his letter by stating that, “Mr. Stimson has demonstrated ignorance of the basic precepts of due process and the right to counsel."

We, the criminal defense lawyers, who labor in our own little REGJB, are sometimes criticized for representing the people that we take on as clients. We ARE "Liberty's Last Champion" and it's high time that the rest of society, including the deputy assistant secretary of defense, begins to remember that!

CAPTAIN OUT ...................

56 comments:

Anonymous said...

After only 48 hours on the job, Judge Robin Faber is in a civil jury trial. Way to go Robin!

Anonymous said...

Captain...I have been moved!!

E. Garcia

Anonymous said...

Oh my.
Art's in Trouble

Anonymous said...

Started reading the post and got bored. No wonder posted by Captain.

Hey Cap go back to your day job and leave interesting post to the professionals (i.e. Rumpole).

Anonymous said...

The defense bar hates America, terrorists aren't entitled to any Constitutional protections--this is war.

- El Dubya

Anonymous said...

I think we should send Stimson to Gitmo.

Anonymous said...

Islamice terror is not for real. Its all Bush's doings. Wake up, America! Allah Akbar!

CAPTAIN said...

to 11:40

In the words of Fat Albert, "eat me, I'm a jelly donut".

I imagine it was not clear to you, that I was writing the post for a much more intelligent reader than yourself. I guess Due Process means nothing to you; you must be a law enforcement officer - someone who enjoys eating donuts.

CAPTAIN OUT ..............

Anonymous said...

Way to drop down to that idiot's level by stereotyping law enforcement officers. Nice job Captain. Seems to me you're no better than Stimson.

Anonymous said...

on topic -- letter in today's miami herald:

Lawyers are proud to defend detainees

Following 9/11, we gave extraordinary and unprecedented powers to the government's executive branch to fight terror. Therefore, it is critical that we ensure that our civil liberties are protected. Unfortunately, Cully Stimson, deputy assistant secretary of defense for detainee affairs, attacked the lawyers who strive to protect our civil liberties. [He later apologized.]

Still, in a recent radio interview, Stimson called it ''shocking'' that some of the most prestigious law firms in the country were providing pro bono representation to detainees at Guantánamo Bay. Stimson has gone so far as to try to rally American corporations to stop doing business with these law firms.

Stimson blindly attacked those who selflessly volunteered to perform the highest calling of the legal profession, defending those who cannot defend themselves against the unfettered power of government. He also insulted CEOs who understand how important it is to protect our rights and the Constitution.

These lawyers, true patriots, are following in the proud tradition of John Adams who represented British soldiers tried in American courts. Instead of being attacked, the defenders of our Constitution and our country's integrity deserve our thanks.

DAVID OSCAR MARKUS, president,

Florida Association of Criminal Defense Lawyers, Miami chapter, Miami

http://www.miami.com/mld/miamiherald/news/editorial/letters/16494424.htm

Anonymous said...

Since this blog is meant for gossip, let's gossip. I heard Simon Steckel talking about Robert Rudolph in the hallway. Seems that Robert Rudolph got into some trouble in front of Judge Schlesinger. Captain, let's have the scoop!

Anonymous said...

everyone knows that cops in miami eat free pastelitos and cafe con leche, not doughnuts...sheesh put your your third world country hat on dude.

pinecrest and so miami cops get krispy kreme on s. dixie highway

Anonymous said...

Art Koch had better pluck his head out of his ass. there is not a statute of limitations on purjury in a capital murder trial. could he be that fucking altruistic?

Anonymous said...

Since some of y'all had complained about having to wear ties and jackets during the heat of the summer, thought you might be interested in this:

Hot Chile urges guys to shed ties
By Associated Press
Friday, January 19, 2007 - Updated: 01:15 AM EST

SANTIAGO, Chile - Chile’s energy warriors went for the throat yesterday, urging men to shun neckties so that offices could ease up on air conditioning.

Government workers will not be required to wear ties or jackets in summer, and officials hope the conservative private sector will follow suit.

The plan has worked in other countries, said Chile’s private Industrial Development Society President Bruno Phillippi.

“In 2005 instructions on proper dressing and adequate use of air conditioners during summer in Japan resulted in considerable reduction of power consumption and of CO2 emissions,” he said.

That said, Phillippi removed his tie.

Have a nice weekend everyone. (Well, everyone except that anonymous blogger who says mean things)
Susannah Nesmith
Miami Herald

Anonymous said...

Was in Broward this morning and Judge Feiner comes in with no robe and no tie on. His bailff starts court by sayin, "remain seated, Judge Feiner presiding. I think he was wearing blue jeans. Talk about informal. Too bad you have to deal with Broward ASAs who want 364 for a first time Manatee Zone violation

Rumpole said...

Thanks Captain

Ring a Ding Ding Guy said...

Zack is the man in Broward. No tie, no jacket, shirt sleeves rolled up, wisecracking, been around, knows the score.

Rumpole said...

TOMORROW: THE ONE TWO PUNCH: KOCH, SAO CHANGING COURT RECORDS...ONLY ON THE REGJB BLOG.

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzzzzz

Anonymous said...

what is with all the new ASA and PD faces? and so many of them moving courtrooms? or gone completely? now i have to hunt around to find my favorite young lawyers to harass and flirt with.

even steven said...

As of the close of courts today, George Cholakis's counsel still had not filed pleadings. I hope things work out for him. Word out of Broward was the Miami Beach Cops were up there Thursday for a pre-file, and the case is bad, and there was nothing anyone could do for the guy.

What's the scoop on this defense attorney in hot water over some forged signatures of a client? Inquiring minds want to know.

SOBE clubs dead lately. Coupla cheepo Judges eating at the Forge the other night, and tipping less than 10%....what else is knu?

chukie said...

Art's in trouble???
Chuckie's in love.!!!!

Anonymous said...

I think the ring a ding ding guy is my new favorite poster....

Anonymous said...

And I think Dan Lurvey is Rumpole. He's skated under the radar this far....but times up Lurvery ol rump-a-roo.

Anonymous said...

In these troubled times we look to our favorite poster, sleepy Brummer..pleze sleepy-post up==and guide us. We need you sleeper Brummer. We need you.

ring a ding ding guy said...

why...thank you...thank you very much (tipping fedora) gonna go out with Dean and Jerry and Sammy and paint this town red tonight....might even call up Frank and see what he's up to....

Say NO to Hate! said...

Dear, True Christians and Good People of Miami Dade County:

Last week Miami-Dade County Mayor Carlos Alvarez took a brave stand when he stated his support for the Human Rights Ordinance, civil unions, domestic partnership benefits for county employees, and the defeat of the 2008 constitutional amendment to ban same-sex marriage, civil unions, and domestic partnerships. He also pledged his support for a liaison to the LGBT community. Please take a minute to send the mayor an email thanking him for his support on these issues. The anti-gay groups are in the middle of an email blitz to get the mayor to renege on his positions. It’s important that we take action now. The mayor must hear from us, our family members and friends. The mayor's email address is

mayor@miamidade.gov

Thank you for your ongoing support.

even steven said...

which "big time" federal lawyer lost a bundle at the Bellagio on New Years Eve, was flown out last weekend -comped by the house, and doubled down and is up 200K give or take a corvette?

Anonymous said...

Robert Rudolph is always in some kind of trouble. I would like to know about his latest shenanigans; If anyone knows?

Anonymous said...

Simon Steckel?

ring a ding ding guy said...

That Robert Rudolph...what a cut up. what a chuckle head...what a fun lovin guy...but when the chips are down..he's the man at trial...him and Q that is.

Anonymous said...

I'm still laughing over Ken Weisman as C3PO..ad it was a few weeks ago.

Anonymous said...

I think we should send Steckel to Gitmo.

Anonymous said...

Is it true that Steckel is the john holmes of MJB?

fake brummer said...

Koch better fly out of dodge on a magic carpet. This done woke me outta my sleep!!

Anonymous said...

can someone tell me who is winning the BHB koch court battle. Does anyone have a score card?

Anonymous said...

CHILIOTIS case: final advice summary. 1. do not hire a friend 2. hire an attorney who is well adept at pre-trial motion and deposition practice. 3. do not hire a dui misdemeanor attorney as lead counsel- the case will hinge on accident issues but do use dui attorney for help with voir dire.4. hire an experience felony trial attorney who evokes fear in a prosecutor when he is on a case. Personally I believe that narrows the list to less than 10 attorneys in Miami Dade state court. 5. Ask some of your felony asa friends who those attorneys are - which attorneys kicked the crap out of your best attorneys consistently and repeatedly, which ones were meetings held to strategize on how to deal with their motions, which attorneys were appellate lawyers called in to sit in on the trial or argue the motions. again I say that narrows the list quite a bit. Sorry Reif, Hersch,Lurvey, Grey. The list includes Roy Black,
Richard Sharpstein, Jayne Weintraub, Mel Black, Al Krieger. Who has won a murder case lately or gotten great pleas in them. Good Luck.

Anonymous said...

Quite a few County ASA's left to take the bar a second time. There were a few division reassignments as a result. One has resigned. New CLI's have been assigned.
Applications for CTA's were due today. I guess some more changes will be made when they are chosen.

WCBA said...

viva cuba libre!!!!HOPE YOU ALL HAD FUN AT THE CABA DINNER

Anonymous said...

zzzzzzzzzzzzzzzz

Rumpole said...

The Jane Weintraub/Steve Potolisky team would be a good choice. It's worked before.

Anonymous said...

Why not just Potolsky without the whiny, neurotic, overrated other half of the trial team? And, how many DUI cases has either one of them done?

Anonymous said...

Susannah, thanks for the tie story. Al Gore must be very happy today.

Is he still dead?

Anonymous said...

I was in North Dade the other day and saw Steckel pulled over by 2 cops in North Miami. He was being a complete ass. One of the cops was trying to calm him down.

Hey Simon, piece of advice. DON'T SPEED DOWN BISCAYNE IN A BRIGHT RED MERCEDES!!!!!!!!!

Anonymous said...

Since the arraignment is on Monday, I guess he's made his decision on who to hire. However, there is no better way to irritate an ASA or a judge like Perez than to bring in Jayne Weintraub.

Remember that you have a veteran Broward ASA handling this case. Go with David Bogenschutz in Broward. Very trial active, lots of high profile media cases. Well respected in the Broward SAO. I have a sneaking suspicion this case is gonna be a Court TV case.

Bring in Hersch as the Miami point man and resident DUI expert, although this is not a pure DUI case, unless there was a blood draw. (No roadsides, no breath)

I heard from reliable sources that there was a blood draw. Then I heard there was no blood draw. I also heard that Cholokis was pulled over before the accident occurred and told to "walk home" by one of Miami Beach's finest. Apparently he didnt walk, but got right back in the car and the rest is history.
I guess we'll find out in the coming months.

Anonymous said...

Assuming that 12:33 is correct, I woder what Abe "the Defender" has to say?

Anonymous said...

why dont you ask him yourself?

Anonymous said...

I read your article just posted on "Gitmo & Due Process". It has an uncanny resemblance to an article published the day before (Thursday, January 18, 2007) in the Orlando Sentinel- a Special to the Editor. Care to comment? As an attorney I would think that you would be familiar with the term PLAGIARISM.

Anonymous said...

12:33. You are an irresponsible idiot for posting that crap without verification. It's unfair to both George and the victims. As you know, there are all sorts of inaccurate rumors swirling about the case (remember the one posted earlier on this site that David Gilbert appeared on the scene? He was in VEGAS for God's sake).

Until you get the facts straight, you should stfu.

Anonymous said...

Hey Nesmith!

You are a DORK. Listen here crackhead, soon you will be the star of your own making. We shall see how you deal with the news when it seeks you.

I promise.

Anonymous said...

Sat. 10:36--Jayne is one of the best advocates a defendant could ever have.

Anonymous said...

Leave Sussanah alone. She is lonely and for what I heard, is dating Phil R. Poor Jackie, when everything started to hang, Phil starts to cheat.

Anonymous said...

Hey 10:53,

Why dont you go through MJB and tell everyone else to "stfu" about the Cholokis case. It isnt like a rumor about who is having an affair. The Cholokis case made the front page of the Herald and people are talking about it. Unfair to George and the victims? Lighten up.

Anonymous said...

12:00...because it made the paper you think it's okay for people to spread stuff that may or may not be true? Unbelievable.

You tell me to lighten up. Would you tell the same thing to the victims or Cholakis? This may be no big deal to you, but I assure you that it's important as hell to them.

How do you go to court everyday defending hard core criminals, demanding proof before judgment, then defend someone who spreads lies without any basis in fact? Does your hourly rate help you determine what's right and fair? Mine doesn't. George and the victims ALL deserve better than some jerk spreading stuff that isn't true.

Anonymous said...

PS---as if you didn't know, there's a big difference between talking crap at the courthouse and posting something on a public website. Or don't you get that?

Anonymous said...

I love all the smacktalking, amusing if not productive. However, I ran into this Gitmo tshirt (http://tshirtinsurgency.com/guantanamo-bay-t-shirt )the other day on DC metro and had to track it down.