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

Thursday, November 10, 2016

DARKNESS DESCENDS

This is how it begins. With a curtain of legitimacy. After months of crude bullying and threats to destroy and jail his opponents, there is a win, and then an appeal to legitimacy. "I'm ok. I belong. All is forgiven as long as I get my way and lead."

The ascent to power comes by an appeal to racism, sexism, nativism, and anti-intellectualism. "It is the foreigners who cause our problems. I will fix it by getting rid of them and banning them."

 Scientists and intellectuals are out to get you. 

Salvation is offered only through the specific virtues of the leader, the winner, the Fuhrer. "Only I can fix it. Only I can make you safe from the foreigners trying to kill you. Not the army or the Generals. Just me." 

"I know more about our enemies than the generals. Only I can make you safe."

"Lebensraum" is the desire for living space for the German race that the foreigners (Poles and Slavs) took in previous wars. 

"I will build a wall and Mexico will pay for it."

The Treaty of Versailles crippled the German people. They cannot earn a living.  "Give me the power and only I can fix it. I will break the treaty that destroyed our country." 

NAFTA and TPP are taking away American Jobs. 
"Give me the power and I can fix it. I will break NAFTA. I will cancel TPP. I will withdraw our country from the Paris Global Warming Accords."

"Jews are engaged in a conspiracy to destroy our country. They should be rounded up. They've stolen our jobs and wrecked our economy."

"Muslims need to be banned. They are dangerous. Muslims are engaged in a conspiracy to destroy us. Foreigners are stealing your jobs. I will round up and deport ten million illegals who are murderers and rapists."

"I've given you the answers in my best selling book Mein Kampf."

"I've written a best selling book telling you how to succeed like me. The Art of the Deal." 

January 1933: Hitler elected to Chancellorship. 

February 1933:The Reichstag is set on fire by a bomb planted on orders of Hitler. Hitler blames foreigners. The Jews and the Communists. 

March 1933: Facing a crisis of national security, the (the bombing of the Reichstag) the Reichstag passes "The Enabling Act" allowing the Fuhrer to issue laws without the consent of the Reichstag (Parliament) to protect the people.

Kristallnacht November 9-10, 1938: 78 years ago this week, the mob errupts, egged on by Hitler and his party over a thousand Jews are killed, their businesses looted and destroyed  (Kristallnacht refers to all of the broken glass in the streets from the windows of Jewish businesses looted). 

2016: Crowds, egged on by their leader, chant "Lock her up" Rudy Gulliani-  candidate for attorney general- gives an interview the day after the election indicating that he will seek the indictment and prosecution of his leader's political opponent. Winning is not enough. 

Books were burned. 

Our President Elect was overwhelmingly supported by people without college educations. 

Anti-intellectualism: the hatred of those who are learned and smart thrives. Scientists are scorned. Professionals are blamed for the problems of the mob. 

Education is scorned. The mob has the power. 

This is how darkness descends upon a society and the world. 

Those who ignore the lessons of history and condemned to repeat them. 

Make no mistake about this. America will pay for it's choice this week. Greatness is not bestowed. It is earned every day. There is no such thing as  American Exceptionalism without exceptional Americans. 

There are exceptional Americans who, by virtue of their work made America Exceptional. Martin Luther King. Bobby Kennedy. Teddy Roosevelt. Woodrow Wilson. Abraham Lincoln. John Adams. Thomas Jefferson. Dwight Eisenhower. Ulysses Grant.  Steve Jobs. Bill Gates. Henry Ford.  Every American who landed at Normandy. Every American who fought in the Ardennes forest during those freezing cold weeks in December, 1944. Paratroopers wearing summer uniforms, dug into the snow, stopping German tanks. 

Thurgood Marshall. Franklin and Eleanor Roosevelt. John Kennedy who quoted poetry to Americans. Joe Louis and Jackie Roosevelt Robinson and Muhammad Ali and Rosa Parks. 

These are the people from whom American Exceptionalism sprang. 

Darkness descends when the mob rules. 

Darkness has descended upon our country. 

Where will you be when your neighbors are rounded up and deported? 

What will you do when our President's opponents are prosecuted? 

Will you speak up when our wives and daughters and our disabled friends are mocked and harassed and shamed and shunned? 

The world is watching and history will judge. 

Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that." - Martin Luther King

48 comments:

Anonymous said...

Hanzman is going to criminal in Jan. Good job "chief". Best civil Judge we have ever had is leaving due to your cronyism. Keep up the good work to improve the court system and serve the litigants and citizens in our community. Kiss your new courthouse goodbye".

Anonymous said...

Post election, so far so good. Trump is no Hitler. At most Archie Bunker. He has a good side and the wherewithal to make those positives reality.

Anonymous said...

thank you for this column and the summary of history. I fear for our country.

Anonymous said...

Trump had said some outrageous things, and he's definitely not as measured or restrained as the guy who said this:

"they get bitter, they cling to guns or religion or antipathy toward people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations."

But I believe Trump to be far less racist than the guy who said that and whom I still voted for. I don't believe Trump is going to, for example, do things like excuse or even celebrate a movement that advocates the killing of police officers based on some covert race war as we've seen recently.

People are tired of technocrats, elitists and race obsessed left wing loons running this country and controlling the dialogue. They are tired of a media that yesterday exposed theor deep bias and acted like their friends had lost rather than reporting on what prompted people to vote the way they did. They are tired of being called racists and bigots -- by racists and bigots no less -- for simply disagreeing.

Last night we saw the left loons version of the birther movement with these ridiculous protests and things like the "whitelash" comments. I've learned that the left's problem isn't with bigotry or hatred or intolerance, its problem is with ensuring that they are in power and on the delivering end.

I don't particularly care for Trump, and in fact I grew to dislike him very much for his crass and narcissistic behavior. I hope he exercises better judgment and restraint than he has shown. If he does, just like everyone got over clinging to guns and religion, they'll get over the comments you grossly mischaracterize above. The last thing I'm worried about is Trump being a despot. If he has just half the hate in his heart that the current, intolerant democratic ruling class does, we'll all be just fine.

Anonymous said...

What? No more Hanzman? What about my slip and fall case against CVS? What judge will be able to understand the issues. I'm screwed. Thanks Chief Judge. This ruined my life. I was counting on that $3700.

Anonymous said...

Why would Judge Mark Hanzman not be in complex business division? Isn't he a past commercial lawyer? Doesn't he know more than Judge Butchko and judge Thomas? This seems silly. Why go to Criminal when you could be used in civil?

Anonymous said...

https://twitter.com/i/moments/796417517157830656

DMD said...

Hantzman for complex business division--that is where he belongs !!! DMD

Anonymous said...

Zzzzzzzz

Anonymous said...

Who gives a damn about business court. Boring.

Anonymous said...

Kenny W for business court

Anonymous said...

Maybe the people got tired of being lied to by the liberal media, wall street, lobbyists, foreign countries and establishmnt.

Anonymous said...

Who the fuck cares who is in the "complex" business division.

Anonymous said...

Liberals are acting like Trump is going to kill the gays, make slavery legal and take women's rights away. Like he's a Muslim or something...

Quit rioting and get an f*ing job

Anonymous said...

Oh please! it's Democracy, you deal with the result. Maybe if the DNC hadn't been so UNdemocratic, they would have had a shot.

Anonymous said...

Props to Portland for rioting and throwing Molotov cocktails at police. I guess in a democracy if your criminal doesn't win the natural thing to do is riot and attack police.

Memo to liberal social justice warriors: leave our country. You are not helping to make our country great again. You are losers and criminals

Anonymous said...

Damn......chills. (8:52 is Trump)

Anonymous said...

To 6:37 and the rest of you crazies that delivered the Presidency to this man.....your hatred of liberals is coloring your lenses. Obama has NEVER said anything like DJT. To the contrary he and his administration have been the model of decorum. You may disagree with his policies but you cannot paint the brush of discrimination against him.

America will see what policies are behind DJT. When they attack standards of clean air and global warming, where will you stand? When they attack a woman's right to choose what to do with her own body, whose side will you take? When they dismantle treaties and isolate America from the world, do you honestly think anyone will be able to trust us? When they start rounding up deporting millions of people who have lived here for years taking jobs no one else wanted, whose only crime is wanting a better life for their family, will you say anything? When they show contempt for anyone who disagrees with them, and his tweets already show that, will that unite America?

We have a lot of problems and I agree dialogue is necessary, but a tiger is being unleashed. It's the 60's all over again. This is not liberal vs conservative, this is a societal clash between white America longing for the good old days and what America has become and where it will go. I support the Presidency but not this man. Enjoy his inauguration, your days will come to an end too. The politics of hate cannot win. Demography is on my side, not yours.

Anonymous said...

Steve Jobs exceptional? He made phones and computers just like many others. Why not Michael Dell?
Bill Gates exceptional? He made software
Henry Ford exceptional? he made cars.

BTW, Steve Jobs and Bill Gates maybe are exceptional because they are "white uneducated males" neither one graduated from college. And may you be reminded that Ford was a bigoted anti-Semite

John Kennedy had no respect for marriage

Anonymous said...

Are you guys SERIOUSLY complaining about Butchko and Thomas? If you are, you don't know your judges. They are 2 of the best.

Anonymous said...

The Chief Judge's decision to not pick Hanzman as a complex business judge has caused him to tell the Chief "I'm leaving because you didn't pick me. I am the best. I deserve it". Chief Judge response "bye bye". Big mistake.

Anonymous said...

Hello darkness, my old friend...

Anonymous said...

Butchko and Thomas? They can't hold a candle to the knowledge and great judging by Mark Hanzman.

Michael Hanzman said...

This is Judge Hanzman. Please stop posting about business court. The Chief Judge picked two outstanding Judges who have been there longer than I have and who will do a great job. I practiced civil law my entire career and one of my goals in leaving and going on bench was to learn other areas and be exposed to different parts of our community. That is why I stayed in dependency for almost 5 years. And while I have enjoyed civil I never practiced or judged a criminal case and thought it would be an interesting new assignment. One of the benefits of our court system is the ability of Judges to be exposed to different areas of the law and this is an area I've never been exposed to. And because i have always aspired to be Federal Judge- and am considering applying- Judges who i admire and respect advised me that I should round out my experience by doing some criminal work. That is why I decided to transfer. And while i would have welcomed the opportunity to serve on our expanded business court the Chief Judge had many qualified applicants and made the choice she felt was best for the court. Her job is VERY difficult and often thankless and she does not deserve to be insulted for doing public service and working everyday to try and serve our system. If any bloggers feel they could do better join the court and contribute. Don't bitch from the sidelines. Finally, and as an aside- I'm not African American. Just a short white bald guy.

Rumpole said...

I have every reason to believe the above comment was actually written by Judge Hanzman.

Welcome to criminal court judge Hanzman. Welcome to the party. Now you will see some real lawyering by lawyers who know how to try cases and do so frequently.

See You In Court.

Anonymous said...

Hanzman. Shame on you. Denying your African American heritage. Be proud young man.

Anonymous said...

Bc he probably had federal ambitions and wants to be able to say he's done criminal. Just like bloom and Gayles did when they went to civil.

Anonymous said...

Odd that he would post his musings about becoming a federal judge. Very weird.

Anonymous said...

Mark Hanzman - you're not Black? But you are so cool.

Anonymous said...

Michael Hanzman was a much better alternative to Clinton or Trump.

Anonymous said...

He didn't muse about "becoming" a federal judge idiot. He said it's what he hopes to do and wanted to get some criminal experience. Since 80% of what a federal judge does is probably criminal it sounds smart. Why are people on this blog such critics and haters. Guys gave up millions of dollars a year in income-LITERALLY- to serve. Leave him alone.

Anonymous said...

“We as a nation must find a way to move forward without consigning those who Trump has threatened to the shadows,” he wrote. “Their fear is entirely rational, because Donald Trump has talked openly about doing terrible things to them. Every news piece that breathlessly obsesses over inauguration preparations compounds their fear by normalizing a man who has threatened to tear families apart, who has bragged about sexually assaulting women and who has directed crowds of thousands to intimidate reporters and assault African Americans. Their fear is legitimate and we must refuse to let it fall through the cracks between the fluff pieces.”

-Harry Reid

Anonymous said...

Trump in politics is like Alex Michaels in the REG.

Judges and lawyers think he is obnoxious, short tempered and classless.

While the clients love his take no prisoners style and flock to him.

Alex Michaels for President



Anonymous said...

I'm sure the defendants in his court will be pleased to know that they are but a means to his end - a "Federal" judgeship. Well done sir.

the trialmaster said...

Judge Hanzman is one of the best judges I have had the pleasure of practicing before in many decades. I am happy I was able to resolve my case before he is transferring. His loss in the civil division is huge. I am sure he will shine in criminal. A word of warning, he does not tolerant fools. Be prepared 100%.

Anonymous said...

Yes all the state hacks will apply for a federal post. Thats why the fed bench here is mediocre at best.

Anonymous said...

First question at Hanzman's interview for the federal bench: "Did you tell people to stop posting about something on a blog?"

Anonymous said...

Methinks Rumpole would make a great drama writer. Maybe he can team up with CJ Milton Hirsch to add learned Shakespearian words to his plays.

CAPTAIN JUSTICE said...


I personally communicated with Judge Hanzman and he confirms that he indeed is the author of the Comment above at 2:39 PM

Captain Justice

Anonymous said...

Judge Mark Hanzman is a judge for all the people. Even though he graduated #5 from his Morehouse College class, he believes in common ground and having an open mind to the justice system. He marched in the 60's and has strong roots. God bless you Sir.

Anonymous said...

The NAACP supports Mark Hanzman for federal court. Done deal. Sir Kenny negotiated directly with leadership.

Anonymous said...

Could the Trump campaign have been a scam on conservatives from the start? From calling President Obama an illegitimate and incompetent president to a "very good man whose counsel I will seek in the future", from "I will repeal Obamacare on day one" to "I like that children can stay on their parent's health coverage ... I also like preventing discrimination against those with preexisting conditions ... and I won't repeal Obamacare until we have our new, better plan ready.

Has he been playing us all along?

Hanzamn Don't Spell so Good said...

Hanzman: Use spell-check, so your "i" is capitalized. Three times.

"And because i have always aspired to be Federal Judge- and am considering applying- Judges who i admire and respect advised me that I should round out my experience by doing some criminal work. That is why I decided to transfer. And while i would have welcomed the opportunity to serve on our expanded business court the Chief Judge had many qualified applicants and made the choice she felt was best for the court"

Anonymous said...

Except for the rioters and Molotov cocktail throwers, America is getting great again. The Dow is up, hope is up. A few social justice warriors are crying. F them. They promised to move to Canada ( of course not Mexico, with better climate and food). They're hypocritical ass woul not associate with Mexicans, only whities. So far, none of them have left. We are waiting. Please leave America so you can watch from the sidelines as we MAKE AMERICA GREAT AGAIN.

If you are betting, put money on hypocrisy and riot gear. Long money goes on US economy. Bye bye nafta and tpp. Whle it hurts the liberals that we take care of our own first, Americans will have jobs again. ( isn't it awful we aren't giving our jobs to other countries? What bad people we are).

I'd also invest in gold and mortar. The wall is being built this summer. Again, terrible we are keeping terrorists out of our country, but that's the price of democracy.

I'll be exercising my rights today. Nice weather to fish, shoot a gun, have an abortion, etc. as the left predicted, women and minorities aren't in slavery. The sun is up. Donald is saving the deplorable. Hillary is contemplating her rigging of the democratic primaries Donna Brazil is wondering why she got fired for cheating. Wasseman Shultz doesn't care about her dishonesty.

After I smoke some weed, I will be celebrating freedom and looking to expand mj practice to helping deport rich assholes to Canada

Peace

Anonymous said...

Why is Soros paying women protesters less than male protesters. I'm with her

Claude Erskine - Browne said...

Welcome Judge Hanzman

Anonymous said...

Any word on who may be leaving the criminal division and who may be arriving? What division is Judge Hanzman taking over?

Anonymous said...

Someone send the Mayflower to 1600 Pennsylvania Avenue. It's time to start packin'.