Tuesday, August 14, 2007

DON'T PICK VICK.


Things look bleak for Vick.

The last two remaining co-defendants in the Michael Vick dog fighting case who have not yet pled guilty have now indicated that they will plead guilty, leaving Vick and his counsel to contemplate a very lonely counsel table when trial begins on November 26, 2007. Sources are whispering that Vick and his attorneys are trying to negotiate a deal that would call for less than a year in prison.

Query: Is a year in jail sufficient punishment for a person who abuses animals on the scale Vick is accused of doing? Would you support your football team in employing Vick if he pleads guilty and does time in jail?

PADILLA JURY OUT?

The Federal Blog has coverage of the closing arguments in the Padilla case. Markus reports second hand that the word is that Padilla’s counsel did a fantastic job. Go check out the Blog for coverage. Rumpole says the over/under is Monday for a verdict. We bet over.

BROWARD JAIL SLOW POKES

This Sun Sentinel article touches on what we have all known about the Broward Jail: That it takes forever to be released even after a bond is posted. The article is
HERE

What is it about North of The Border that just makes them so difficult? They send more people to prison than any other circuit, and even when you should be released from jail, they hang on to you like a Judge clutching a free chicken wing at a fund raiser. We smell a class action lawsuit brewing here. Anyone know Hank Adorno’s number in Atlanta?


MEGA HURRICANE DEAN

In an effort to fulfill our public service requirements we will be posting the National Weather Service’s Advisory’s along with the Channel 7/Miami Herald interpretation of the advisory:

Tropical Storm DEAN Public Advisory
WTNT34 KNHC 142045
TCPAT4
BULLETIN
TROPICAL STORM DEAN ADVISORY NUMBER 6
NWS TPC/NATIONAL HURRICANE CENTER MIAMI FL AL042007
500 PM AST TUE AUG 14 2007

...DEAN MOVING WESTWARD ACROSS THE CENTRAL TROPICAL ATLANTIC...
(Miami is going to be hit. Bet on it.)

INTERESTS IN THE LESSER ANTILLES SHOULD MONITOR THE PROGRESS OF
DEAN. (People in Miami should start panicking now.)

DEAN IS MOVING QUICKLY TOWARD THE WEST NEAR 21 MPH...33 KM/HR...AND
THIS GENERAL MOTION IS EXPECTED TO CONTINUE DURING THE NEXT 24
HOURS. (This sucker is racing to destroy our way of life.)

MAXIMUM SUSTAINED WINDS ARE NEAR 40 MPH...65 KM/HR...WITH HIGHER
GUSTS. SOME STRENGTHENING IS FORECAST DURING THE NEXT 24 HOURS. (This is the big one.)

TROPICAL STORM FORCE WINDS EXTEND OUTWARD UP TO 35 MILES...55 KM
FROM THE CENTER. (No way this misses us. Buy lots of Heralds and watch channel 7 obsessively for the next month.)


See You In Court after we put up our shutters.

64 comments:

  1. I like the interpretation. Funny. Good.

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  2. if he was a good qb i would support him but the truth is, he's not good.
    as far as dog fighting, so long as the dogs are pit bulls, who really cares? if the dogs were lassie types id be much more offensive..
    id give him house arrest followed by 1000 csh at the pound.

    ReplyDelete
  3. THE CAPTAIN REPORTS:

    I was asked to handicap the Judge Shuminer seat.

    Let me start out by saying that I don't do handicapping - it is impossible to predict what a politician will do on any day of a given week - let's see which way the wind is blowing.

    Having said that, I do want to point out that, unlike his predecessor - Bush - Gov. Crist has bucked the trend of naming sitting judges to higher seats.

    This practice that Bush was so famous for, got him two appointments for every one that he started with. So, if a Circuit Court seat had an opening, you could expect him to appoint a County Court Judge; giving Bush another open seat - on the County Court.

    Crist has been very different. To date, he has made 10 appointments to the bench (with John Thornton being the latest tapped). Crist has had many opportunities to appoint a sitting Judge to a higher seat; thus giving him the extra appointment. Of the 10 appointments he has made, only once has he chosen a sitting Judge; that being County Judge C. Jeffery Arnold was appointed to the Circuit Court.

    In the 3rd DCA, for example, he could have chosen two of the nominees who were sitting Judges; he instead chose Vance Salter. In the 4th Circuit, he could have chosen two County Court Judges; he instead chose a family law attorney, Mark Mahon. David Young's seat went to a criminal defense attorney, John Thornton. In the 19th Circuit, Crist chose a personal injury attorney from the law firm of Willie Gary, F. Shields McManus to replace Scott Kenney. In the 18th Judicial Circuit, he chose another personal injury attorney, Robert Wohn, Jr, over five other candidates including a County Court Judge. In the 1st DCA, he did not choose a sitting Circuit Court Judge and chose instead a member of the House of Representatives.

    So, my initial assessment is that Judge Gayles and Judge Sarduy do NOT have a leg up on the other four candidates, - Joe Davis, Miguel De La O, Nushin Sayfie and Lisa Walsh.

    He seems to be going for the most qualified and deserving candidate of the six finalists - and that - my loyal readers - is a good thing. I mean, he has even gone so far as to pick criminal defense and personal injury lawyers.

    Joe Davis is certainly a highly qualified local attorney; Miquel De La O - what can I say about him - maybe you should ask Catalano; Sayfie and Walsh both have excellent reputations as fine attorneys (of course Sayfie does have the political connections as her hubbie Justin Sayfie was senior policy advisor, spokesman and chief speechwriter for Gov. Jeb Bush, and he was also a Bush-Cheney '04 Ranger as well as being the co-chair of the 2004 Bush-Cheney grassroots campaign in Broward County).

    So, for what it is worth, that is my analysis of the Shuminer seat. We miss you Cristina .....

    Look for both Judge Young and Judge Shuminer next month as both will premier their shows in September.

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

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  4. THE CAPTAIN REPORTS:

    One additional factoid - none of the 10 new judges chosen were female; that despite many of the 60 finalists being women.

    Does that bode well for Nushin Sayfie and Lisa Walsh; maybe Crist will finally pull the trigger and choose a woman?!

    CAPTAIN OUT .......

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  5. Justin Sayfie is a pud puller and so is Jeb Bush. His wife whould make a fine judge though.
    Lisa Walsh is very smart and would be fair.
    Miguel Dela Hoya should stick to boxing as he seems like he is very tallented in that arena.
    the other two should stay put.

    walsh walsh walsh

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  6. sayfie has done nothing to distingish herself as a criminal defense atty. get real captain, she needs more time at the pdo.

    walsh is an exellent appeals lawyer and would make a fantastic judge. ditto for dela o.

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  7. I am a former Judge in Dade County. I had Lisa Walsh as a p.d. in my court when she first came to the Justice Bldg. I have to say that i was immediately impressed with her ability, integrity and her intelligence. We have stayed friends for all of this time and i think that Gov. Crist will do well to appoint her. She is so qualified!

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  8. I have to say that Phil Reizenstein agreed to represent two of my friends in unrelated criminal matters. He is an incredible human being. He is the type of lawyer that all of us should try to emulate. He listened carefully to the client's issues, was well informed on the current law as applied to the facts in the case and his kindness and compassion toward these scared folks involved in the justice system was so incredible to observe. I am proud of your career Phil and all of the readers of the blog should know that you are a kind, intelligent and compassionate attorney. Thank you Phil.

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  9. Here is another difference between civil practice and criminal practice,from today's Herald:

    JURY HITS BDO FOR MILLIONS MORE

    A jury found that accounting firm BDO Seidman should pay $351.7 million in punitive damages for bad audits in the E.S. Bankest fraud, on top of the $170 million awarded Monday.

    BY PATRICK DANNER
    pdanner@MiamiHerald.com
    "A Miami-Dade jury socked accounting firm BDO Seidman for the second straight day, ordering it to pay more than $351 million in punitive damages for its negligence in failing to find massive fraud in a financial services company backed by a Portuguese bank.

    The verdict, if it stands, could threaten BDO Seidman's financial operations, the firm's CEO testified. BDO Seidman is the world's fifth-largest accounting firm.

    The $351,689,343 is on top of $170 million the jury awarded in compensation to the Portuguese bank, Banco Espirito Santo, for the losses sustained from the fraud at Miami firm E.S. Bankest........."

    This catastrophic result was partialy a result of the "trial skills" of a certain criminal lawyer who so "impressed" the jury with his presentation and arguments that the
    jury decided to impose the "full" measure of damages allowed by law

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  10. How about forever and a day to get out of DCJ as well. And it's getting worse.

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  11. I would like to see Lisa Walsh get the seat but given that Thorton got Youngs seat I think Miguel De la O who is attending the same day care will get the appointment.

    2008 is going to be great come election time.

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  12. Attending the same day care? I like that. Now stop trying to be Rumpole.

    Actually Mr. De LA O would be a great judge...but so would the other applicants. This is a strong field.

    And who was our colleague who hit the jury lotto?

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  13. A Michael Vick led team will never win the Super Bowl. He is a running/scrambling quarterback. They are exciting but do not win games consistently. Let us consider the history of the scrambler (and I apologize to younger readers): first there was Fran Tarkenton (1960-1969) when he played for the Vikings and Giants. He stopped scrambling during his later stint with the Vikings. Great to watch but not a winner. Then there was Bobby Douglass, a QB who had the strength of a lineman and the speed of a running back. I believe he was the first QB to rush for 1000 yards a year. Would have been 5000 if you count running sideways. And of course, Doug Flutie. Now I leave out one notable exception: Roger Staubach. He was the classic scrambler when he first came up in 1971 and did not do well (he platooned with Craig Morton, his antithesis). He only found success when he tempered his scrambling in the mid 70's. I guess the best analogy I can draw is this: scrambler such as Vick are the Dave Kingmans of football. Again, I apologize to the younger readers but I tuned out of life in 1990.

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  14. Tom Gamba and Hector Lombana were local counsel.

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  15. For blonde readers, what does "attending the same day care" mean?

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  16. BREAKING NEWS: The U.S. Attorney's Office for the Southern District of Florida has convened a grand jury to inquire into allegations of a conspiracy between Lowe's, Home Depot and Walmart to infiltrate the National Hurricane Center,through computer hackers, to show fantom tropical storms off the coast of Africa so panicked south Floridians will RUSH to their stores and purchase hurricane supplies. This week's special- a super high tech radio so you can get- in the event of electrical outages- updates on baseball, nuclear launches and traffic advisories. Stay tuned. P.S. You already bought hurricane supplies last year , remember. All you need now is food and water- not your 8th flashlight.

    ReplyDelete
  17. BREAKING NEWS: The U.S. Attorney's Office for the Southern District of Florida has convened a grand jury to inquire into allegations of a conspiracy between Lowe's, Home Depot and Walmart to infiltrate the National Hurricane Center,through computer hackers, to show fantom tropical storms off the coast of Africa so panicked south Floridians will RUSH to their stores and purchase hurricane supplies. This week's special- a super high tech radio so you can get- in the event of electrical outages- updates on baseball, nuclear launches and traffic advisories. Stay tuned. P.S. You already bought hurricane supplies last year , remember. All you need now is food and water- not your 8th flashlight.

    ReplyDelete
  18. Lisa Walsh is by far the best of the candidates. Nushy Sayfie?? Is that a joke? She's a poor trial attorney, has zero charm and is an all-around unpleasenat person. Darin Gayles? Needs more, much more seasoning in the minors. Maybe a lifetime of it. Keep him there.

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  19. De la O has baggage. He got negative letters sent to the Governor.

    I bet Crist appoints Gayles so that he can then appoint one on the list to the seat Gayles has now.

    The others are ok but, Gayles has a good reputation.

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  20. Linda Kearson, general counsel to Chief Judge Farina, has been away for personal reasons. But the interesting rumor is that FAWL president and judicial candidate Abby Cynamon is sounding out the possibility of moving on up. Apparently "law clerk" doesn't qualify as sufficient work experience for a judgeship... even in Dade. Will Kearson cry "et tu Abby, et tu?

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  21. Very funny who ever signed me up to receive breaking news updates on weather from the Miami Herald. Actually you have my sense of humor. You should write for the blog.

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  22. Rump. Another Wednesday sounding. Another chance to be in the presence of beauty. Yes I am talking about Blooms PDs. Both were there and it just makes my day to breathe the same air they do.

    Did my heart love till now? forswear it, sight!
    For I ne'er saw true beauty till this night.

    Romeo.

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  23. THE CAPTAIN REPORTS:

    to 11:30

    Read my post about the 1 for 10 stat on Crist appointing sitting judges. Gayles may get the seat, but it won't be so Crist can get 2 for 1.

    CAPTAIN OUT ......

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  24. 7:59----you're wrong not separate scrambling QBs from running QBs. I agree that it's very unlikely that a running QB could win it all, but several great scramblers (and one running QB) did .........

    Kenny "the Snake" Stabler (the Snake didn't get any real positive yardage, but ran around a hell of a lot), Joe Montana (got more yardage than Stabler, but, again, was a scrambler, not a runner), John Elway (same), Brett Favre (same) and Steve Young (who I'd argue was a successful running QB since he had 700+ attempts/4,000+ career yards!!!) all were known for their scrambling. Montana, Favre and Young are particularly relevant because they played (and in Favre's case, are playing) in a West Coast Offense.

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  25. I was in Bloom's court this morning and didnt see anyone at the PD table that would make your toes tingle. Maybe they are hotties by Justice Building standards, but c'mon.

    Go down to Lincoln Road for about ten minutes during lunchtime and get your head straight as to true hotties.

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  26. The current Real Sports with Bryant Gumbel on HBO does a piece on dog fighting and of course throw Vick's name into the story. They dispense with the blurred out shots and show the dogs fighting. It's pretty graphic and not for those with a weak stomach.

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  27. The Captian must be De la O.

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  28. This came in on the email and was left on the post about Judge Leyte-Vidal. I posted it by decided to also copy it and post it here
    because of the wonderful man and Judge he was:


    today is august 15 2007
    and is the day that i found out that my then atty henry leyte vidal has passed away march 2006.
    i want to say to his sons and wife how sorry i am and sadden today.
    he won my case, but that did not matter as much as the person he was in representing me. i know for sure God was missing an angel and came down to appoint him for Gods work.
    he sure was an angel here on earth.
    soooooooooooo veryyyyyyy sorry to hear of his passing.
    a client of JUDGE VIDAL.
    Evelyn Lozado

    ReplyDelete
  29. I heard the Givaria crew, including Mendy the Jew, a guy they just call "the wop", sticky fingers Denaro, are shaking down the L&L twins and demanding a piece of the Monday DUI action, "as a tribute."

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  30. I agree that there is a difference between a scrambler QB and a runner. Perhaps one of the best "runner" QBs was late 70's Patriots QB Steve Grogan. I also agree "runner" QB's have yet to demonstrate they can take a team to a super bowl win. Scrambler QB's, Staubach, Elway, Young, Montana have had much success. I never thought Vick was the QB to win a super bowl with. However, I am very impressed with Vince Young and if he can restrain his running, he may be the guy to do it.

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  31. ZZZZZZZZZZZZZZZZZZZZZZZ

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  32. I live in Miami Beach - the Bloom PD's are nothing to write home about...

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  33. THE CAPTAIN REPORTS:

    De La O ..... pleaseeeee

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  34. Sometimes I feel - like he is me, like Mike , if I could be like Mike. 100 plus million dollar contract, endorsements, free health care, work 7 months of year, plenty of perks-women-free clothing-probably offered free trips to appear here and there-at a camp or autograph signing-to be interviewed or debute a new shoe or player card and now you are probably headed to prison because you killed dogs who lost in illegal dog fights. WHEN IS THE AFRICAN AMERICAN COMMUNITY GOING TO START TAKING PARENTING CLASSES AND RAISE MEN NOT CRIMINALS AND IF YOU DON'T BELIEVE ME LOOK IN THE BOX IN ANY FELONY COURT IN MIAMI WHICH IS 20% BLACK AND 80% OF THE DEFENDANTS ARE BLACK. AM I A RASCIST TO SUGGEST THAT AMERICAN SOCIETY SHOULD BE SICK OF THE VIOLENCE PERPETRATED BY AFRICAN AMERICAN MALES-AGAINST EACH OTHER AND SOCIETY IN GENERAL. DON'T BE LIKE MIKE, BE LIKE TIGER OR JUDGES TRAWICK, THOMAS AND ADRIEN.

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  35. Oh Captian, my Captian....

    You must be De la O.

    You love him and you seem to be one of few who knows about his run in with Catalano years ago. You know, the one where Catalano's client hit De La O's car and where he tried to charge Catalano's client with some huge hourly fee for his time in getting his car fixed.

    So, it has to be YOU!

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  36. Rump
    I think Nushin would be a fine Judge. Shes got the chops ( ie talent experience and knowledge) to be a Judge. But more importantly she's Not a mean spirited person. Give me a Judge who understands Defendants are people and treats all in court w/ curtesy over all the do gooders or Attorneys who know the law or attorneys whp were top of their class. People w/ common sense and simple curtesy are truely needed on the bench.
    D. Sisselman

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  37. Vick's garbage--but out of 32 teams, how many will take him when he gets out--at least one, right? Pit bulls are bad animals and ought to be exterminated. I like cats and small and medium size dogs and big dogs with nice manners. Fuck a pit bull.

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  38. If De La Soul means from the Soul, does De La O mean from the O?

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  39. im new to the regjb. who is the bald, middle-aged, danny devito look-a-like running around with all those new pds?

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  40. Ha, ha! have you looked at Channel 7 lately? TV shows are being interrupted to bring us updates on the pending CATEGORY 1000 hurricane that's going to take us all down. Lock your doors, have many, many batteries and stock up on gas for the next 4 months or so to power the generator. don't forget the carbon monoxide detector. if the hurricane doesn't get you, that carbon monoxide will do an evil job on you. get plenty of cash and bottle water and stay tuned to channel 7 to tell you when you can leave.

    ReplyDelete
  41. the wop tried to break up a fight between warren "the black panther" schwartz and john bletcher.

    apparently, warren felt bletcher was blogging about him and wanted to fight in the cafateria.. the wop came up behind schwartz, palmed his reflective unit, and moved him out of bletcher's comfort zone.

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  42. Rump
    Nushin would be a good choice for the bench. She has a solid understanding of the law and trial experience. But more important she has the temperment for the bench. I'd rather have a Judge who treats Defendants like people, who shows common curtesy to all in the courtroom, than a Judge who is a do-ggooder, top of the class, or inconsiderate as some circus court judges are.
    D. Sisselman

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  43. This blog is just great. One group engaging in a debate about possible judges and legal issues. The other group rating the female lawyers in the courthouse for the past month. Why don't you guys just post your top ten good looking women in the Gerstein building (if you can find ten) and be done with it? Then we can all leave high school and stop oggling women.

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  44. The Captain is undoubtedly De La O. Put money on it. I for one would feel that his presence on the bench would severely lessen the respect the bench should be worthy of. It is a shame to our profession that the possibility exists that someone like De La O would even be considered to be a judge. What an embarrasment.

    ReplyDelete
  45. 8:49.
    I sir am NOT oogling. I am in Love. I am just not sure which one I am in Love with.

    ReplyDelete
  46. The girl working for the L&L twins is hot.

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  47. What is with all the hating on Mr. De la O? I don't know him personally, but I had to appear before the Board of Bar Examiners last year. He was one of the lawyers who questioned me on some "youthful indiscretions." He chaired the committee (I think) because he sat in the middle and did most of the talking. He stood out to me because he was much younger than the other two lawyers, introduced himself as being from Miami and his name made me believe he was probably Hispanic like me. I thought he would be an ally since we had so much in common. It didn't quite work out that way.

    He grilled me. The bar exam was more pleasant than what he put me through. But, he was polite and professional about it. Although I hated facing up to my failings, and very unhappy he made me answer so many questions about them, I understood why he asked me those questions. In the end, the Bar let me in and I've always remembered the professional way that committee treated me. With a couple of years of perspective, and my experiences as a prosecutor, I appreciate that the bar examiners take seriously their role. I can't be sure what kind of judge Mr. De la O would make. But he showed me that one afternoon that he is decent, fair-minded and serious about the profession. I got a fair shake from him, and I expect so would lawyers and defendants.

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  48. She's a ten spot in my book.

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  49. Deathbed confession
    Former CIA and Watergate figure Howard Hunt wrote a book just before his death implicating Johnson in the assassination. Hunt stated that Johnson may have orchestrated the killing with the help of CIA agents who had been angered by Kennedy's actions in the past, which included an affair that Kennedy had with a wife of one of the agents. An article published in Rolling Stone magazine about the death of E. Howard Hunt reveals his deathbed confessions to his son which implicate Johnson, CIA agents Cord Meyer, Bill Harvey and David Sánchez Morales, as well as a "French" gunman named Lucien Sarti, who shot at Kennedy from the grassy knoll. He acknowledged that CIA agent Frank Sturgis and he were the "tramps" who were photographed in Dealey Plaza, and held by the Dallas Police shortly after the assassination.

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  50. Lisa Walsh, De La O, Nushin, All good qualified candidates

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  51. I a scab? I am out of the social loop. So, if there is an unofficial boycott of the wheel please let me know.

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  52. i agree with you 9:26. i saw her today talking to that gorgeous pd that just went private (anyone know who she's working for?). the two of them in one room, god bless america.

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  53. Nushin is nice if she likes you. If not, forget it. Besides, she's just trying to cash in her husband's chips, although Crist has made it fairly clear that he's no Jeb. Don't know how that plays into it when Justin Sayfie's such a big Repub fundraiser. Still, Nushin doesn't have the temprament we need on tbe bench. Lisa Walsh is a consummate professional, highly intelligent, and as an appellate lawyer would be particularly well suited to the bench. She's got all of Nushin's alleged good attributes and then some, but for the whole hyper-influential husband thing.

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  54. I say
    Sarduy Now
    Sarduy Tomorrow
    Sarduy for Circuit

    Sarduy forever.

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  55. What does Sarduy have in common with the next president of the United States?

    You can re-arrange Sarduy to read "As Rudy"

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  56. Rumo
    The first two Nushin comments are mine, but, perhaps I'm lost in space, but I dont remmember writing the third. I can get myself in trouble, & write what I mean, even if I cannt spell. Please dont sign MY name to your comments.
    D. Sisselman

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  57. THE CAPTAIN REPORTS:

    to 9:02

    not only am I not De La O, I wouldn't know the man if he walked by me at the GJB. But nice try.. maybe you should think outside the box (sorry Rump) just had to use your line.

    CAPTAIN OUT .....

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  58. Listen up here is the grove designed to make you move!

    1. Rumpole is De la O

    2. The Captain is Brian T

    3. Phil R. is soon to be picking up trash outside your home.

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  59. L&L's girl is not hot; but she is sexy in an MJB sort of way.

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  60. Mr. Sisselman, I removed the third comment. Blogging under another person's name is a no-no unless clearly indciated by the term "fake" as in "Fake Sisselman". Then we would have allowed it.

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  61. i cant for the life of me understand what warren schwartz thinks i posted on this blog about him to warrant him getting in my face (well almost in my face, anyway).

    warren, your're probably the last person i would post anything about because, well, you're not that interesting.

    jonathan blecher

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  62. OK. I ADMIT. I AM RUMPOLE.
    AHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH

    ReplyDelete