JUSTICE BUILDING BLOG

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. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Tuesday, March 18, 2025

Roberts

Wednesday update  

Justice Potter Stewart weighs in 

In 1967, in   Walker v. City of Birmingham, 388 U.S. 307 (1967)
involving the Rev. Dr. Martin Luther King Jr. and the claim that he and several colleagues were not entitled to test the constitutionality of a legally questionable court order barring them from demonstrating by marching in Birmingham, Ala.

 Justice Potter Stewart wrote for the majority: 
These precedents clearly put the petitioners on notice that they could not bypass orderly judicial review of the injunction before disobeying it. Any claim that they were entrapped or misled is wholly unfounded, a conclusion confirmed by evidence in the record showing that, when the petitioners deliberately violated the injunction, they expected to go to jail.

The rule of law that Alabama followed in this case reflects a belief that, in the fair administration of justice, no man can be judge in his own case, however exaltedhis station, however righteous his motives, and irrespective of his race, color, politics, or religion.  This Court cannot hold that the petitioners were constitutionally free to ignore all the procedures of the law and carry their battle to the streets. One may sympathize with the petitioners' impatient commitment to their cause. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom.

Affirmed.

Some of that bears repeating  

In the fair administration of justice, no man can be judge in his own case, however exalted his station, however righteous his motives.

Tuesday update 

You want to know how bad things are for the president? 

A federal judge just ordered the two astronauts returned to space! 

Rumpole update below. 

 For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose,” Roberts said.


Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed,” Chief Justice Roberts wrote. “Public officials certainly have a right to criticize the work of the judiciary, but they should be mindful that intemperance in their statements when it comes to judges may prompt dangerous reactions by others.”


Rumpole  is preoccupied. He asked me to post statements made by chief justice Roberts. The first is a statement made today in response to a statement made by the president that the DC Judge who ruled against him should be impeached. 


The second is a statement the chief judge made in 2018 in response to the same president criticizing a judge as “an Obama Judge”. 


Blog intern. 

Rumpole says: Make no mistake, the MAGA thugs know what they are doing in attacking every judge that rules against the President. It is a campaign of jack-boot intimidation designed to break the American concept of an independent judiciary. Don't let it work. Support those judges who come under attack from the right wing thugs who cannot win an argument on the merits and must resort to intimidation. 

Someday someone is going to ask you where you were and what you did when they tried to destroy the Republic by breaking the Constitution. What will you say? 


42 comments:

Anonymous said...

Robert’s presidential immunity decision did as much as any other one man to get us where we are. He probably realizes he fucked up, but 50/50 chance it’s too late.

Anonymous said...

I wonder how Judge Edith Jones would respond to Donald Trump's attacks on the credibility of the judiciary? Or how Judge Ho would respond? Or how anyone at this Federalist Society event (https://www.youtube.com/watch?v=-DBl0vUV0ak) would respond?

The options seem clear: 1) either condemn Donald Trump as forcefully as they condemned Steve Vladeck; or 2) they come clean as partisan hacks.

What say you, members of the Federalist Society? Does anyone from the Federalist Society have the courage and integrity to address this, and to sign their name?

Btw...the Chief Justice is, and has always been great. I miss the days of common sense conservatism with names like George HW Bush, McCain, and Romney topping the bill. Even George W Bush had some integrity, even if his post-911 war policy was unforgivable. I wish I could still be a Republican.

Anonymous said...

The judge who asked the plane to turn around in the sky to bring back gang members that snuck into this country is a moron. This will make Trump more popular. He is the king of all trolls. 🧌

Anonymous said...

Except they are not all gang members and not all are undocumented. I hope you’re not a lawyer because clearly you don’t know what due process means. Trump will burn in hell, he is the antichrist.

Anonymous said...

6:45 was not referring to the legal aspect of the decision. I’m sure he knows what due process means. However the Trumpsters don’t

Anonymous said...

Not sure the judges decision was based on what would make Trump more or less popular, though that is all right wing propaganda cares about. The judge apparently felt the Constitution likely does not allow the government to take 250 people who were on American soil, regarding whom we have no transparency on who they are or what crimes they did or didn’t commit because they had no due process at all, and fly them to a prison in a third country to be held indefinitely without charge. And the president doesn’t just get to wave his magic wand and say “war” or “terrorism” to make sending people present in America to a foreign prison camp constitutional. Very radical position for the judge to take I know.

Anonymous said...

President Trump and Mr. Holman are Gods (** in Neil Rogers voiceover)

Anonymous said...

The factory sector came roaring back in Trump’s first full month in office.

Industrial production in the United States surged in February, rising 0.7 percent, more than triple the 0.2 percent increase economists had expected. The latest data from the Federal Reserve marks a significant expansion in industrial activity, with total output reaching its highest level on record.

Manufacturing output, which accounts for roughly three-fourths of total industrial production, rose 0.9 percent, the largest monthly gain in a year. A particularly notable driver of February’s expansion was the auto sector, where motor vehicle and parts production jumped 8.5 percent. That sharp increase stands in stark contrast to the sector’s performance during the final year of the previous administration, when auto output declined by an average of 0.5 percent per month.

The strength of February’s data offers a striking contrast to some of the more downbeat economic indicators seen in recent weeks. While reports on retail sales and business sentiment have suggested a more sluggish start to the year, the industrial sector appears to be gaining momentum.

MAGA

Anonymous said...

That’s assuming there is a God and there is a hell. If God exists he’s the only one that can judge. Your argument is purely subjective. You are not God I assume; therefore, you cannot say he will burn in hell. You do not have that power.

Anonymous said...

https://www.politico.com/news/magazine/2025/01/21/harris-column-trump-great-president-00199564

Anonymous said...

Trump is the President! Love it

Anonymous said...

Daily reminder SAO is corrupted. Remember MVZ and Steven Mitchell got kicked off the Corey Smith Case.

Anonymous said...

Hi I’m new to this blog

Anonymous said...

I understand they are not all Gang Members. However, they are all illegal aliens. Bye Bye Bye

Anonymous said...

They are merciless

Anonymous said...

Do you believe these stats, even assuming their accuracy, comprise a relevant response to Rumpole's post?

Anonymous said...

Do you love violations of federal court orders?

Anonymous said...

What's that got to do with the Constitution? Or are you just saying that the Constitution, democratic principles, and due process don't matter to you as long as the economy is strong? Be a man. Say it out loud.

By the way, if you're all about dollars and cents, check this out: https://www.distilledspirits.org/news/discus-statement-in-response-to-president-trumps-threat-of-a-200-tariff-on-eu-spirits/

Anonymous said...

What ever happened to Rex Ryland?

Anonymous said...

They are GoDs

Anonymous said...

welcome it

Anonymous said...

RELEASE THE GANGSTERS
PRODUCTS OF CIRCUMSTANCE
THERE IS MITIGATION

Anonymous said...

Hey Trump supporters: I know of families who had a member or two taken into Krome just for reporting in. NO CRIME INVOLVED and no history of crime. This is all a shit show. My Republican buddies in Doral are all really pissed off at Trump right now. As for Cubans, they think they can just make a call and get dad back from Krome. Be careful what you ask for...you might just get it....

Anonymous said...

He passed away

Anonymous said...

The typical criminal defense lawyer does two things very well: handshake new customers and appear in court to speak persuasively. It's what sets us apart from most other lawyers, the bulk of whose time is spent reading documents, summarizing and responding. I do more and more non-criminal defense work these days, and I am floored at how useful A.I. LLMs have become.

I uploaded an 80 page pdf from the federal govt to Grok, asked for a summary, a detailed list of action-items, and a template for our response. It gave me all of the above in under 60 seconds. Obviously, I did each of these myself, independently, but Grok had *everything* correct. In 60 seconds. If I would have charged the client $800 for two hours, and paid an associate $400 for two hours, it would all be wasted money. Grok is free.

In other words, this particular LLM completely supplanted the need for an attorney in the first place. The client could have fed the PDF to the machine, received an explanation of what was happening, been told what he needed to do, and be given a fill-in-the-blanks document that would perfectly respond.

Two things that saved my job, in this instance. One is that A.I. is still unfamiliar to most people and there is a concomitant lack of trust in it. That will disappear in 5-10 years. Secondly, my legal training gave me the expertise to know how to instruct Grok and how to use its work product. A lay person will often not have this know-how. So perhaps one lawyer is needed, to direct the A.I. But an office of juniors and associates? Lol. Gone.

The legal world is about to get rocked. Completely gutted and redefined. Horse and buggy style.

Wildly enough, criminal defense will be the among the last corners of the legal world to change, as the two things the A.I. cannot do (for now) is gladhand and comfort clients, and show up in court to persuade juries.

If you have kids under 15 who are considering law school, prepare them for a new world. No one in the 2030s will be hiring lawyers to read, understand, draft or reply to documents. That shit is done.

Anonymous said...

Trump is retaliating against this judge for reasons other than the plane/deportation. He perceives he did not punish a litigant in a case the judge presided over who sued Trump.

Anonymous said...

@1:41 then send them back to their home country not a violent resin. WTF? Americans like you are truly stupid as fuck.

Anonymous said...

They have done much worse than just the Corey Smith case.... just has not been exposed, yet. Surprised Mitchell has not run for the hills.

Anonymous said...

How's Trump Jong-Un working out for all you cult members. Miss slow Joe yet? Or the constitution for that matter?

Anonymous said...

And?

Anonymous said...

And this is relevant how?

Anonymous said...

Thursday, March 20, 2025 5:26:38 PM so that makes you?

Anonymous said...

The American Bar Association published a story from the Washington Post, "Trump calls to impeach US judge, drawing rebuke from Roberts"

https://www.abajournal.com/syndicated/article/roberts-rejects-calls-from-trump-and-allies-to-impeach-federal-judges

"In response to media requests for comment about Trump’s online remarks, Chief Justice John G. Roberts Jr. issued a rare public statement. "For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision," he wrote. "The normal appellate review process exists for that purpose.""

This is a joke. The "normal appellate review process" often results in nothing more than "Denied" or "Per Curiam Affirmed" with no opinion. This is the equivalent of the court giving the appellant the judicial middle finger: GFY. On appeal of this type of ruling to the Florida Supreme Court, Clerk John Tomasino has a rubber stamp response ready:

"This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court." (citations omitted). "No motion for rehearing or reinstatement will be entertained by the Court." Order signed John A. Tomasino, Clerk.

2:29 has the answer: Grok. Why not Grok to replace judges too? Why not Grok to replace the entire judiciary? Upon arrest, the defendant scans his/her arrest affidavit or information to Grok, and Grok holds first appearance, and determines bond (if any), then does the arraignment, decides the case, guilty or not guilty, and either releases the defendant, or imposes a sentence. All in a few minutes.

How about that Mr. Chief Justice?

Sir Wilfred said...

If you are a Christian then all you have to know is that Trump, Musk , the VP and all his millionaire Cabinet are likely going to Hell.
As Jesus said, the chances of a rich man going to Heaven is equal to a Camel getting through the eye of a needle.
Both a camel and Trump are to fat to get through the eye of a needle so off to He’ll for them.

Anonymous said...

Sir Wilfred, you ought to read Moses and Monotheism, if you have not already done so. Regardless, Prof. Michael Chighel has an excellent introduction on youtube, see

Freud's "Moses and Monotheism"
https://www.youtube.com/watch?v=ZVeN2IuKgos&t=3s

Kissimmee Kid said...

Dear Sunday, March 23, 2025 12:28:00 PM;

I see that you have complaints about PCA's. Here's the problem. I have read your briefs. They are garbage.

A trial court's judgement is presumed to be correct. You have to put words down on paper that will show folks why and how the trial Judge screwed up, and why that screw-up makes a difference. Your briefs don't do that, they are all bark, no bite.

Do you want to know why the court didn't bother to write an opinion? Read the Appellee's Brief. There is a great explanation on how and why you lost, just waiting to be read. Do you want less PCA's? Write better briefs.

Kid

Anonymous said...

Corey Smith?

Anonymous said...

To Kissimmee Kid. I do not recall Judge Kissimmee Kid presiding over any of my cases. My anonymous comment does not identify me or any brief I wrote. My last brief successfully overturned one of the verdicts, and removed a bad trial judge from the case, which was a problem all along, together with prosecutorial misconduct.

Prosecutorial misconduct is rampant in Florida, according to a news release June 17, 2024 by the National Association of Criminal Defense Lawyers. (and as noted on this blog)

https://www.nacdl.org/newsrelease/NACDL-Calls-for-Immediate-Action-to-Combat-Rampant

The bad trial judge who was finally removed from the case was a former prosecutor. The judge had a conflict, and the evidence shows the judge is mentally impaired, which the judge admitted on the record. The SAO knowingly uses this impaired judge to sign orders favorable to the prosecution, to benefit the same SAO where he worked for many years.

2:29 has the answer: let's give Grok a try.

Anonymous said...

We called him “Sleepy Joe,” because when he was President, we could sleep at night.

Anonymous said...

Their home country did not want them. So who’s stupid as fk?

Anonymous said...

Um it’s Homan not Holman. You work at the SAO?

Anonymous said...

Most of the people being detained were denied years ago and should’ve been packing. Like the Ca. Couple from Colombia who were denied in 2000 after exhausting appeals. But they decided to stay for an extra 25 years.