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, February 01, 2018

CALIFORNIA DREAMIN

Before we get to the post, Happy Birthday Ayn Rand! One of the most brilliant philosophers of the second half of the twentieth century. 
"I swear by my life, and my love of it, that I will never live for the sake of another man, nor  ask another man to live for mine."
"John Gault, Atlas Shrugged." 

MOTION TO VACATE:
California has legalized marijuana (gasp!). So far, the State seems to be functioning just fine. 
And now California, rapidly becoming our favourite state in the union, is now moving to vacate thousands of felony and misdemeanor possession of marijuana convictions. So far the DA offices in San Fran and San Diego are moving to vacate convictions. Others will soon follow 

Hmmmm..... a District Attorneys Office recognizing the fundamental unfairness of their prior, misguided actions, and actively doing something to remedy it. How...unusual. It's downright...Californian. 

E=mc2
Proof of the relativity of time can be found in a certain courtroom in the REGJB. Reports have flooded our in-box about a certain newly elected judge who, for example, ponders for minutes on end, an agreed motion to continue for a first-time-up case. Sometimes it pays to elect Judges who actually have experience in the courts in which they sit.

In the Einsteinian theory of  special relativity predicts  "Time Dilation": two working clocks will report different times after different accelerations. Similarly, in the Rumpolian theory of "CourtTime" ( (c) Justice Building Blog, 2018, all rights reserved), two watches of two different attorneys, will appear to move at different speeds relative to the time spent watching a judge ponder the simplistic. 

From Occupied America, where California is vacating marijuana convictions while Jeff Sessions' Justice Department is gearing up for more marijuana prosecutions, fight the power!



24 comments:

Anonymous said...

You must be referring to Judge Shmark Schbluestein....he’s just terrible, like watching paint dry

Anonymous said...

I voted for Clinton because I have kids. I thought that getting behind a total asshole would set a bad example for my children. However, if the fbi presented opposition research as their own investigation, people should be fired and the Russia inquiry shut down.

Anonymous said...

RUMPOLE. - BUY BITCOIN now at $7900?

Please. Your thoughts

Rumpole said...

A bubble is a bubble is a bubble. When it was at 15,000 and my uber driver was buying it and the waitress at the local eatery I go to was buying it, that's when you know its a bubble. And of course it burst. I'm not comfortable with the external regulation that is going on. India, South Korea, and a few other countries have announced independent regulatory procedures-and this is driving the price down. I'd be a buyer at 5, maybe 6, not 7500 unless you're ok with 20% downside being more likely than a 10% upside in the near future.

Kissimmee Kid said...

I don’t get the “source of the information” bullshit the Repubs are spreading. Take a client, Danny Dirbag. Danny is facing criminal charges and the victim is Vickie Victim. Danny hires a PI to uncover dirt on Vickie. The PI starts digging and finds out that Vickie was convicted of a Felony in 1983.

How in the world does the fact of who was paying effect the validity of the information? If Vickie was convicted of a crime in 1983, she was convicted of a crime in 1983. Who uncovered the fact does not change the fact.

That’s the problem with the Steele investigation. Dirty folks hired a top-notch investigator who dug up dirt on Trump. The dirt has been corroborated. The Trump Organization engaged in money laundering with Russian nationals. The Republican whores could care less about the true facts that their leader is a Russian puppet; they just want to attack the investigator, to keep Putin’s Puppet at the helm. Pshaw.

Anonymous said...

Challenge: rumpole vs. btdt--please argue a franks hearing on the Carter page fisa application. No more history ...show us some legal skills, please. Rumpole argue for page, btdt for fbi.

BTDT said...

Sorry, but I don't have time for the challenge. Trust me, I wish I did. It would be far more interesting than the crap I'm working on..........

BTDT

Anonymous said...

There is a reason you are poor. You are a moron.

Anonymous said...

There is no franks issue, idiot. This is a political issue and trump won.

Anonymous said...

all you current and former Pd's must be so proud that Kash Patel is the Author of the Nunes memo.


what a joke

Anonymous said...

931 you are so stupid I sorry you have procreated

do you really think that a federal judge granted a FISA warrant solely on whatever Steele said? do you really believe that this whole Russia investigation should be shut down despite the fact we have two guilty pleas and two indictments?

all because of a few sentences about a guy who was first paid by the GOP and Then Clinton?

I hope and pray your kids grow up to be more analytical than you are

Anonymous said...

Kissimmee Kid,

You are way off and woefully misinformed.

1. Steele is not top-notch. He admitted political bias--desperation that trump not be elected. He also lied to the FBI about not disclosing his dossier to the media.

2. Putting Steele aside, your analogy to an investigator in the United States uncovering a felony conviction is laughable. The fact of a conviction in the United States is pretty unremarkable, and the evidence of the conviction--which can be documented with certified records from a court--pretty indisputable. What Steele did was go to Russia and PAY Russians, often connected to the Russian government, for information. The mission was not one of fact-finding, but of obtaining dirt for his client. These PAID RUSSIAN sources are nothing like American conviction records. They may have a financial motivation, or a political one. Your stupid analogy only shows your own bias.

3. "The dirt has been corroborated." Are you living on some other planet? Comey himself said the salacious allegations have not been corroborated. And are you not aware some of the allegations have already been proven false? Were you aware there are ongoing defamation lawsuits? Maybe I'm missing something, but which specific allegation from the dossier was corroborated? Enlightened me. I don't remember money laundering being corroborated.

4. The dossier says Carter page was a conduit between trump and Russia. There were 4 separate 90-day FISA warrants on him, which adds up to just under a YEAR of intercepting the content of his communications. Tell me sir, if this dossier is all true why is Carter page a free man after a full year of surveillance?

You sir, are intellectually lazy. Feel free to chime in on this when you get up to speed on the actual facts.

Anonymous said...

840:

Steele was never paid by GOP.

The one who paid Russian intelligence officials in Russia for dirt and then fed the dirt to the media was HRC.

Does that qualify as collusion with Russia in your view?

I'd love to hear your analytics on that.

Anonymous said...

I for one am proud. You liberal social workers always did more harm then good. Kash was a trial lawyer.

Anonymous said...

Maybe if you learn how to take both sides of a position you won’t be a broke dick

Anonymous said...

McCabe reportedly testified under oath the warrant would not have been obtained but for the dossier. You can talk about how there's other stuff in the application all day long. But come on man. You want to live in a world where law enforcement spies on you in large part based on what you political opponents say about you?

Anonymous said...

855 you might even be less intelligent than 931 which is saying something

1. The FBI was on to page years before Trump was running for president and when he was fucking porn stars.

2. This is all an irrelevant sideshow and Steele is a tiny piece of a much larger picture.

3. Feds use paid snitches all the time. do you actually think in a search warrant they tell the judge that they are paid sources? no they just call them sources just like FBI said steele was and truth is he HAD provided useful information in the past on FIFA case.

3. Trumps theory is that there is some leftist cabal in the FBI which is laughable. anyone who has worked with them knows that you probably couldn't fill out an NFL 53 man roster with all the liberals in the FBI nationwide.

4. And what makes his theory even more ridiculous is that THE SAME GUY WHO HAD THE BAD TEXTS WITH HIS MISTRESS WAS THE SAME AGENT WHO URGED COMEY TO RE-OPEN THE CLINTON INVESTIGATION RIGHT BEFORE THE ELECTION.

5. 855 please actually try to get information from a source other than your facebook feed or Sean Hannity

Anonymous said...

351

"1. The FBI was on to page years before Trump was running for president and when he was fucking porn stars."

Thank you for strengthening my original point. The feds have had page on their radar for years AND they also intercepted his communications for a YEAR thereafter. So I will repeat the question you ignored: why is he not in cuffs if the dossier is true and he was a conduit between the trump campaign and Russia?

"2. This is all an irrelevant sideshow..."

To a degree, I agree. What was said or omitted from the page fisa application doesn't prove no one in trumpland colluded.

"...and Steele is a tiny piece of a much larger picture."

Come one man. If you are implying Steele is part of a much larger picture which depicts Russian collusion, you are speculating.

"3. Feds use paid snitches all the time. do you actually think in a search warrant they tell the judge that they are paid sources? no they just call them sources just like FBI said steele was and truth is he HAD provided useful information in the past on FIFA case."

Re-read my original post. I never said failure to disclose Steele's bias was legally improper. I have no idea whether that omission (if it was omitted) would have made a differnce to the probable cause determination. I was responding to Kissimmee Kid who essentially claimed the Steele dossier proved trump was a Russia puppet. It doesn't.

"3. Trumps theory is that there is some leftist cabal in the FBI which is laughable."

I think trump thinks political anti-trump bias exists in the former #1 investigator, McCabe, Ohr, and Comey. It's not far fetched, and the fact that your rank and file agents are mostly republican proves nothing.


351 listen. I'm gonna ask my question again. Why is page free? What is mueller waiting for? If you have proof, and trump is CURRENTLY a Russian puppet subject to blackmail at any time, hmmmm, why not indict the guy? Still working on it a year later? Laughable given the importance of the charge were it true...

Anonymous said...

3:51 Are you saying that evidence of treason should be suppressed? I'm sure the motion will be made when the indictment is returned. This entire Fisa bullshit was invented by right wingers seeking to protect the country from sons of bitches working with foreigners to harm the U.S. Based on recent arrests and pleas it appears the law worked as intended.

Anonymous said...

855 i know you practice only in State Court where cops drop Aforms without talking to Prosecutors who then have to sort it out.

in Federal Court, cases are built over years and fact that he is not charged means nothing. or it means that they don't have enough to charge him now

what it does not mean is that the case against Trump and Co is based upon a crooked biased investigation.

and Please you really need to stop listening to hannity--mccabe and comey are not liberals and Ohr had nothing to do with this at all.

Anonymous said...

For all we know, Page is free because he is cooperating with the feds.

Steele did not work for GOP or HRC, he worked for Fusion. Fusion worked for both the GOP and HRC. We don't know who Fusion was working for at the time Steele was investigating Trump's ties to Russia. What we do know is that, when it retained Fusion, the GOP was looking for dirt on Trump.

How Steele or anyone in our own intelligence community personally views Trump is irrelevant. They're not hired or paid based on their personal views. They're hired and paid based on their competence. There are many thousands of people in the federal government's employ who view Trump as unbalanced and unethical at best, at worst a danger to domestic and international security. That doesn't mean that they are biased. It means that they are paying attention.

If the intelligence community was so biased against Trump, why didn't they publicize their investigation of him before the election? Oh yeah, because the intelligence community doesn't want to prejudice the electorate so close to an election. But wait! Didn't the intelligence community announce it was re-opening the HRC investigation just before the election? But wait! Isn't the intelligence community supposed to be biased against Trump?

Did all you Trumpsters cry foul when Trey Gowdy was investigating HRC? Did you wonder whether a GOP-led congressional committee might have had a motive to dirty her up as she began her candidacy? Now that's bias.

And speaking of candidates, every Republican primary candidate disparaged Trump as uniquely unqualified to lead this country, because of his stupidity, racism, inexperience, and business failures.

But you think the FBI is biased because some of its employees don't like him? The majority of the country doesn't like him. His own spokesman has called him "deplorable" and had rooted for his defeat. Tillerson says he's a fucking moron. Why aren't you demanding Tillerson's head?

Anonymous said...

trump was not personally under investigation then. Duh.

Yes the GOP wanted dirt on HRC, but here is the difference: there was indisputable substance to their claims. She illegally moved classified info.

Anonymous said...

What do you mean, Trump was not personally under investigation? What was known, before the election, was that two of Trump's five foreign policy advisors had engaged in suspicious contacts with Kremlin-connected people, one of them had been the object of Russian-recruitment efforts that resulted in convictions of those Russians, that his NatSec pick had illegally concealed payment from Russia for a speaking engagement, that many members of his coterie had had undisclosed contacts with Russians, to such a degree that our allies told us about it, and Steele, a former MI-6 spy in Russia who our intelligence community had worked with in the past, had information from Russian sources that Trump was vulnerable to pressure from Russia because of his history of financial dealings with the country, that Trump repeatedly denied that Russia was involved in the DNC hacking, that Trump's bestie Stone had visited Assange before the election, then accurately predicted Assange's release of Russian-hacked DNC email, that Trump's booster Nigel Farage had visited Assange before the election, that Trump supported Assange, that the intelligence community believed Assange was the cut-out for the hacked materials, that Trump's businesses had long-been supported by Russian money, and that the Russian election interference was for the purpose of damaging Trump's rival candidate.

If you think the IC is capable of drawing reasonable inferences from the above, then you know that Trump was "personally under investigation then. Duh."

W

Anonymous said...

Comey testified trump was not personally under investigation. Duh!