Today is Justice Anthony Kennedy's last day (It's also Harry Potter's birthday), He has had a great career. (Kennedy, but so has Potter if you think about it). Nominated by one of our favourite Presidents: Ronald Wilson Reagan, Kennedy has had profound effect on Constitutional Law and life in the United States.
In Boumediene v. Bush, Kennedy wrote for the court that Guantanamo detainees are entitled to the constitutional privilege of habeas corpus. (5-4 decision.
In US v. Windsor, Kennedy wrote for the court that the Defense of Marriage Act, which defined marriage as an act between a man and a woman violated the Fifth Amendment guarantees of liberty.
But for our money, Kennedy's shinning hours were his decisions in Lawrence v. Texas in 2003 holding that a statute that criminalized homosexual conduct was unconstitutional, and in Planned Parenthood v. Casey, in which Kennedy and the court reaffirmed the central holdings of Roe. Kennedy's defense of precedent is masterful and a firmament of the concept we are a society that is ruled by laws, not people or passions.
When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
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, July 31, 2018
Sunday, July 29, 2018
BERNSTEIN ON BEETHOVEN
Long before there were cellphones and the internet and before you could spend five dollars on a cup of coffee in a size you cannot pronounce, there was culture in the United States.
Leonard Bernstein was the most brilliant conductor of the last century. In the 1960's he gave interviews that were turned into a series of documentaries. In one, he discusses Beethoven's Fifth symphony and how it was created. And in this documentary, Bernstein gives an exposition on artistic ...we're not sure what the word is. Artistic honesty? Or integrity? It's about what drives an artist to do what he or she does.
It's a brief and brilliant, and probably extemporaneous exposition on the subject and we felt compelled to write it down you our readers.
And so Beethoven came to the end of this long symphonic journey, at least for one movement. Imagine a lifetime of this struggle. Movement after movement, symphony after symphony, quartet after concerto after sonata. Always probing and rejecting in this constant dedication to perfection. To the principle of inevitability. Somehow this is the key, the only key we can have to the mystery of a great artist. That for reasons unknown to him or to anybody else for that matter, he will give away his life and his energies just to make sure that one note follows another with complete inevitability. Seems rather an odd way to spend one's life. But it isn't so odd when we think that the composer by doing this leaves us at the finish with a feeling that something is right in the world. That checks throughout. Something that follows its own law consistently. Something we can trust that will never let us down.
Is that what appeals to us? Art as perfection? Something we can trust; that will never let us down? The concept is brilliant. The thought that an artist would give his or her life to achieve that perfection comforts us. It lets us know that humanity exists on the shoulders of giants who are driven by a bigger picture. A need to create perfection for themselves without the slightest care of who, if anyone recognizes it. Creation exists for the creator. What we do with it matters little to the man or woman who achieves that perfection.
It's a nice respite from the real world, until we are brought back to a land ruled by a slob who scarfs down McDonald's Big Macs, and is surrounded by sycophants who are intoxicated by the proximity to power. That is the power we urge you to fight. So sit back, open an Opus One, and listen to Beethoven's Fifth.
Leonard Bernstein was the most brilliant conductor of the last century. In the 1960's he gave interviews that were turned into a series of documentaries. In one, he discusses Beethoven's Fifth symphony and how it was created. And in this documentary, Bernstein gives an exposition on artistic ...we're not sure what the word is. Artistic honesty? Or integrity? It's about what drives an artist to do what he or she does.
It's a brief and brilliant, and probably extemporaneous exposition on the subject and we felt compelled to write it down you our readers.
And so Beethoven came to the end of this long symphonic journey, at least for one movement. Imagine a lifetime of this struggle. Movement after movement, symphony after symphony, quartet after concerto after sonata. Always probing and rejecting in this constant dedication to perfection. To the principle of inevitability. Somehow this is the key, the only key we can have to the mystery of a great artist. That for reasons unknown to him or to anybody else for that matter, he will give away his life and his energies just to make sure that one note follows another with complete inevitability. Seems rather an odd way to spend one's life. But it isn't so odd when we think that the composer by doing this leaves us at the finish with a feeling that something is right in the world. That checks throughout. Something that follows its own law consistently. Something we can trust that will never let us down.
Is that what appeals to us? Art as perfection? Something we can trust; that will never let us down? The concept is brilliant. The thought that an artist would give his or her life to achieve that perfection comforts us. It lets us know that humanity exists on the shoulders of giants who are driven by a bigger picture. A need to create perfection for themselves without the slightest care of who, if anyone recognizes it. Creation exists for the creator. What we do with it matters little to the man or woman who achieves that perfection.
It's a nice respite from the real world, until we are brought back to a land ruled by a slob who scarfs down McDonald's Big Macs, and is surrounded by sycophants who are intoxicated by the proximity to power. That is the power we urge you to fight. So sit back, open an Opus One, and listen to Beethoven's Fifth.
Friday, July 27, 2018
Rock "n" Roll and Criminal Law?
Rock
‘n’ Roll and Criminal Law?
By
Scott Saul
Most
readers of this blog are immersed in the world of criminal law. It may have
come across the mind that, perhaps, there are greener pastures or an easier path
than our daily regimen yet, you can’t deny that criminal law enters the world
of pop culture a lot more than other fields of law. How often do you see tales
about probate, real estate or contract lawyers?
Throughout
the history of music and song, the law, particularly criminal law, has always been
placed into a lyrical context. These songs can act as a portal for news events,
be metaphorical, convey an attitude or, most importantly, actually promote
change.
Here
is a list of songs that are vital in chronicling what we do, what we do onto
others or how others view what we do …into song.
These
songs, my very subjective selection, represent but a small fraction of what is actually
out there. Since I’m a middle-aged “rock ‘n’ roll” guy, I have omitted highly
applicable songs coming from other genres such as hip hop, country, etc. I
welcome any suggestions since this can hardly be an exclusive list.
1.
Billy Austin -Steve Earle
Steven Earle is an
amazing wordsmith that straddles the genres of roots, rock and country. In that
he has had real significant demons in his life (addiction, arrests, prison sentences,
9 marriages), he has his finger on the pulse for human suffering.
‘Billy Austin” is a
harrowing, first-person account of an unsophisticated young man that commits an
armed robbery, kills his victim and is put to death. With lyrics like;
but my trial was
over quickly,
and the long hard
wait began,
court-appointed
lawyer couldn’t look me in the eye
He just stood up and
closed his briefcase
when they sentenced
me to
die.
Steve Earle, quite
accurately, captured the grim aspect of a death penalty case.
2.
Long Black Veil-The Band
This country standard,
brought into the mainstream by rock and roll hall of famers “The Band”, takes on
the scenario of “falling on the sword”. It’s told from the point of view of an
executed man falsely accused of murder. He refuses to provide a saving alibi
since, on the night of the murder, he was having an affair with his best
friend’s wife and he would rather die and take the secret to the grave than
admit to such a damning truth;
Ten years ago, on a
cold dark night
There was someone
killed’ neath the town hall light
There was few at the scene
and they all did agree
That the man who ran
looked a lot like me
The judge said “Son,
what is your alibi?
If you were somewhere
else, then you won’t have to die
I spoke not a word
although it meant my life
I had been in the
arms of my best friend’s wife
3.
Crime in the City (Sixty
to Zero) -Neil
Young
Rock icon Neil Young
focused a stanza of this song (this is from the unabridged, live addition, not
the recorded one off of his remarkable “Freedom” album) on the vulnerability of being a
judge;
There’s a judge in
the city,
He goes to work every
day,
Spends his life in
the court house,
keeps his perspective
that way,
but I respect his
decision,
He’s got a lot on his
mind,
He’s pretty good with
the gavel,
A little heavy on the
fines
4.
Ma and Pa-Fishbone
1980-1990’s
punk/ska/funk Fishbone has always incorporated thoughtful, insightful and
provocative lyrics into their hyperkinetic, very danceable jams. This song
focuses on divorce law but, it’s bitter, third-party point of view is alarming
for anybody working within the legal system;
She’s a problem child
now because of a divorce
Hey Ma and Pa, What
the hell is wrong with y’all
Hey Ma and Pa, what
the hell is wrong with y’all
Well there’s a lot of
money for all the attorneys
It’s just not a fight
for child custody
Cause Ma and Pa’s
revenge
Is making little
sister bleed
5.
Mr Bad Example-Warren Zevon
Werewolves of
London’s Warren Zevon has always been a talented provocateur writing about
gritty issues. The excerpt from this tune;
Of course, I went to
law school and took a law degree
And counseled all my clients
to plead insanity
Echoes an all too
common public perception towards the profession (by the way, for a very
poignant treatise on mortality, check out his swansong “The Wind”, his last
work as he was dying from lung cancer).
6.
I Fought the Law -The Clash
This cover of the
Sonny Curtis song (he was in Buddy Holly & the Crickets) features the
consequences of crime from the protagonist’s position;
Robbin’ people with a
six-gun
I fought the law and
the law won
I lost my girl and
lost my fun
I fought the law and
the law one
I left my baby and it
feels so bad
Guess my race is run
She’s the best girl
that I ever had
I fought the law and
the law one
If only criminal defense work, with such a conciliatory tone, was
that easy.
7.
One Million Lawyers- Tom Paxton
You mean everybody
doesn’t love me? Iconic 1960’s-1970’s folkie, Tom Paxton, wrote a damning song
as to his perspective of our profession. These lyrics should surely impact what
you do with your degree and how you act in court;
Humankind has
survived some disasters, I’m sure
Like locusts and flash
floods and flu
There never a moment
when we’ve been secure
From the ills that the
flesh is heir to
If it isn’t a war, it’s
some gruesome disease
If it isn’t disease,
then its war
But there’s worse
still to come, and I’m asking you please
How’s the world gonna
take any more?
In ten years we’re
gonna have one million lawyers
One million lawyers,
one million lawyers
In ten years were
gonna have one million lawyers
How much can a poor
nation stand?
8.
State Trooper-Bruce Springsteen
The boss’s much covered
song off of the very folky “Nebraska” record hits the stark reality of the
inherent dangers of being a law enforcement officer. With the protocol of constant
defensive challenges to probable cause and allegations of pretextual stops,
this song mirrors so many of the tragic cop killings that arise out of just a
simple traffic stop;
New Jersey turnpike
ridin’ on a wet night ‘neath the refinery’s glow
Out where the great
black rivers flow
License, registration,
I ain’t got none, but I got a clear conscience
‘Bout the things that
I done
Mister state trooper
please don’t stop me…
Maybe you got a kid,
maybe you got a pretty wife
The only thing that I
got’s been botherin’ me my whole life
Mister state trooper
please don’t stop me
In the wee wee hours
your mind gets hazy, radio relay towers lead me to my baby
Radio’s been jammed
up with the talk show stations
It’s just talk, talk,
talk til you lose your patience
mister state trooper,
please don’t stop me
Hey somebody out there,
listen to my last prayer
Hi ho silver-o
deliver me from nowhere
Yes defense bar,
there’s a reason behind police apprehensions in dealing with the public... you
never know what is lurking within that car.
9. Night the Lights Went out in Georgia-Bobby Laurence
This southern gothic
song, made famous by Vicki Lawrence, tell the all too common tale of an
innocent man being executed. However,
look at the stab onto his lawyers;
That’s the night the
lights went out in Georgia
That’s the night they
hung an innocent man
Well, don’t trust
your soul to no backwoods Southern lawyer
Cause the judge in
the town’s got blood stains on his hands.
As we are as Southern
as you can get (at least from a geographical perspective), do we fall into this
“backwoods” category?
10.
The Trial-Pink Floyd
The Roger Waters’
penned “The Wall” is hardly a legal theme but, rather, it more about a descent
into madness. The Trial is used as a metaphor,
yet the lyrics are so biting. Who in the court house has not had this attitude
at some time?
The voice before the
court is incontrovertible
There’s no need for
the jury to retire
In all my years of
judging
I gave never heard
before
Of someone more deserving
the full penalty of law
The way you made them
suffer
Your exquisite wife
and mother
Fills me with the
urge to defecate
(Go on, judge. Shit
on him)
Since my friend you
have revealed
Your deepest fear
I sentence you to be
exposed to your peers
11.
Testify-Common
Veteran rapper Common
penned this unique tale of a murder trial where the epiphany by the prosecution
is at focus. In this song, a girlfriend provides the supporting testimony at a
murder trial that doesn’t go well for the defense;
The court awaited as
the foreman got the verdict from the bailiff
Emotional outbursts
tears and smeared makeup
He stated, he was
guilty on all charges
She shakin’ like she
took it the hardest
A spin artist, she
brought her face up laughin’
That’s when the prosecutor
realized what happened
All that speaking her
mind, testifyin’ and cryin’
When this bitch did
the crime
That last line really
changes the context of the entirety of the preceding lyrics.
12.
Hurricane-Bob Dylan
I’ve saved the best
for last.
It should be as no surprise that one of the most important artists,
in any form, wrote one of the most impactful songs of all time. Can a song lead to an exoneration? For former
boxer Rubin “Hurricane” Carter, it actually did. Writers Bob Dylan and Jacques
Levy took an interest in this triple murder case where there many defensible
aspects. The song was released on a 1975 album which exposed the case to a
widespread attention. The song triggered increased public interest in the case
leading to the raising of substantial funds used towards post-conviction representation.
In 1985, a federal judge ruled that the prosecution was predicated upon racism
meaning there was no fair trial resulting in the dismissal of the case.
Dylan forwent any
metaphors with the lyrics acting as an in-your-face indictment towards the
jurisdiction that entertained such a debacle;
Yes, here's the story of the Hurricane
The man the authorities came to blame
For somethin' that he never done
The man the authorities came to blame
For somethin' that he never done
Put in a prison cell, but one time he could-a
been
The champion of the world
The champion of the world
All of Rubin's cards were marked in
advance
The trial was a pig-circus, he never had a chance
The judge made Rubin's witnesses drunkards from the slums
To the white folks who watched he was a revolutionary bum
And to the black folks he was just a crazy nigger
No one doubted that he pulled the trigger
And though they could not produce the gun
The D.A. said he was the one who did the deed
And the all-white jury agreed
The trial was a pig-circus, he never had a chance
The judge made Rubin's witnesses drunkards from the slums
To the white folks who watched he was a revolutionary bum
And to the black folks he was just a crazy nigger
No one doubted that he pulled the trigger
And though they could not produce the gun
The D.A. said he was the one who did the deed
And the all-white jury agreed
Rubin Carter was falsely tried
The crime was murder "one, " guess who testified?
Bello and Bradley and they both baldly lied
And the newspapers, they all went along for the ride
How can the life of such a man
Be in the palm of some fool's hand?
To see him obviously framed
Couldn't help but make me feel ashamed to live in a land
Where justice is a game
The crime was murder "one, " guess who testified?
Bello and Bradley and they both baldly lied
And the newspapers, they all went along for the ride
How can the life of such a man
Be in the palm of some fool's hand?
To see him obviously framed
Couldn't help but make me feel ashamed to live in a land
Where justice is a game
Notice
the common denominator among many of these tunes? Dylan, Springsteen, Earle,
Zevon, Young, Common…these are serious songwriters, superior lyrists, very
daring artists, thinkers outside the box.
Is this not the same type of creativity desired for the practice of law?
Documents and evidence should be reviewed over and over because…you may notice
something that you didn’t see before?
Right?
These
musical artists learned from the legal profession yet, at the same time, it is
quite obvious that the legal profession may learn from these types of artists.
Is there a connection between criminal law and rock 'n' roll? Does a bear plotz in the woods?
Wednesday, July 25, 2018
THE CAPTAIN REPORTS:
BROWARD = BROWEIRD ....
ANOTHER JUDGE BITES THE DUST .......
You just can’t make this stuff up folks. Broward Judge John Contini resigned on July 6, 2018. Contini became an attorney in 1983 and he joined the Broward State Attorney’s Office where he spent four years. For the next 27 years he ran a criminal defense practice in Broward. He was elected to a six year term and took the bench in January of 2015. Ten months after he took the bench, Contini was already facing his first JQC investigation.
In November of 2015, the JQC filed charges alleging that Contini provided one-sided assistance to defense lawyers by emailing an assistant public defender with tips on writing motions for reduced sentences. They additionally charged that he acted unprofessionally when prosecutors complained about it.
Contini admitted to the allegations and apologized for his actions toward several attorneys, defendants, investigators and victims. In November of 2016, the Florida Supreme Court decided that Contini should receive a public reprimand and they also required him to deliver in person a written apology to the assistant attorney general whose court filing Contini called a "lie from the pit of hell".
Fast forward to 2018, and without warning, Contini resigned two weeks ago. This week, the JQC filed their newest charges against the now former judge. In their 157 page filing, they charge Judge Contini with, among other things:
1. On numerous occasions, you have instructed your JA to create dockets of fictitious cases or hearings on particular days of the week on which you planned to be absent from the courthouse. Your fabrication of these dockets was designed to create the impression that you were present in the Courthouse, when in fact, you were not.
3. On some days when you were absent from the Courthouse during regular business hours, you instructed your JA to email court business to you ... you also instructed her to lie and say you were in trial or unavailable to conduct hearings.
6. You inappropriately require your JA to perform personal tasks for you before, during, and after regular business hours ... including to: pay your personal bills and manage your personal finances; make personal travel arrangements; proofread and edit a manuscript for you; ....
The list goes on for a total of 11 counts. You can read all 157 pages by clicking on the link here:
Take the time to read some of the fascinating emails between the judge and his JA contained in the exhibits.
Best of luck to our colleague David Rothman who is representing the former judge.
FURTHER NORTH OF THE BORDER .....
So, you’re pregnant, and you are scheduled to give birth during the next trial setting. Your previous pregnancy resulted in you delivering a preemie six weeks early. You file a Motion for Continuance of the Trial Date and opposing counsel objects. That hearing played out in the courtroom of civil court Judge Cymonie Rowe, 15th Judicial Circuit, in Palm Beach County last month.
The contestants: Plaintiff’s attorney Paul Reid of the law firm Shook, Hardy, and Bacon. He apparently represents an injured worker. Defense attorney Christen Luikart of the law firm Murphy Anderson represents defendant Genie Industries.
It was recently in the news that the Florida Supreme Court was considering a proposed rule that, if passed, would require judges to grant motions for continuance for parental leave, barring exceptional circumstances. This hearing may accelerate those plans to decide whether a formal rule is actually needed.
The entire transcript is attached and can be read by going here:
The relevant portion of the arguments for and against the MTC are contained on pages 58-70 of the transcript.
NOTE: After Reid repeatedly objected and argued the same point over and over again, the judge had had enough, and she Granted the Motion.
Have any of our readers experienced a similar situation where opposing counsel was objecting on similar grounds? Anyone have an experience where a judge they were before was maybe reluctant to grant a continuance on similar grounds?
CAPTAIN OUT .......
Captain4Justice@gmail.com
Tuesday, July 24, 2018
MYSTERY BLOGGER
He writes about rock n- roll and law. And porn and law. And he is coming soon. Who could it be? A master trial lawyer; superb criminal defense attorney; former ASA and music aficionado. A new guest blogger is on the horizon.
As Rumpole enters a "no-wifi" zone and disconnects from the world, new guest bloggers are stepping up.
The dog-days of August are going to be long and hot and boring without your favourite blogger providing his award-winning commentary about life and law.
Stay tuned.
HUSH MONEY
The President, who said "all the women are lying" decided to pay some. What a great gig- get paid for lying.
CNN has the tape: the last twenty seconds are the most interesting. They talk about "funding" and Trump makes a reference to "paying in cash: and Cohen says "no no no no leave that to me."
And indeed he did.
As Rumpole enters a "no-wifi" zone and disconnects from the world, new guest bloggers are stepping up.
The dog-days of August are going to be long and hot and boring without your favourite blogger providing his award-winning commentary about life and law.
Stay tuned.
HUSH MONEY
The President, who said "all the women are lying" decided to pay some. What a great gig- get paid for lying.
CNN has the tape: the last twenty seconds are the most interesting. They talk about "funding" and Trump makes a reference to "paying in cash: and Cohen says "no no no no leave that to me."
And indeed he did.
Sunday, July 22, 2018
OUR GREATEST DAY
The history of the United States is filled with great days. Lincoln at Gettysburg; Eisenhower and D-Day. VE day. VJ day. The invention of the Polio Vaccine by Dr. Salk.
But perhaps in the history of Human-Kind, July 20, 1969, will stand out as the greatest day of humanity. Led by the United States, and two courageous men. Neil Armstrong and Buzz Aldrin. We landed and walked on the moon.
Stop for a moment and consider that again. Humanity, who once gazed across the seas and pondered what was on the other side, left Earth and landed on another Planet (yes the moon isn't a planet, but you get what we mean). We started off walking across the plains of Africa, crossing the ice bridge into North America. We conquered mountain ranges and deserts and oceans, and caves and the bottom of the sea.
And then we turned our gaze to the heavens.
It's hard to remember what a leader can do when s/he inspires instead of attacks. When s/he unites instead of divides.
But that's what occurred in May, 1961, when President Kennedy challenged a nation to put a man on the Moon by the end of the decade.
We did it.
It was our greatest accomplishment. Our greatest day. America's greatest day. Humanity's greatest day. Because we came for all mankind.
So here is the landing, with all the drama of the 1201 and 1202 alarms. And listen closely as they are landing, to the "60" second and then "30 second" calls. That's mission control telling Armstrong how much fuel he had left and it's why after the Eagle landed CapCom responded with "you got a bunch of guys about to turn blue here." They were holding their breath praying that Apollo 11 didn't run out of fuel.
This is the MC loop so you can hear the comments between the men at Mission Control and Apollo 11.
Astronaut Charlie Duke, who later walked on the moon during Apollo 16 is Capcom for the landing. He is the only one talking to the Eagle.
The legendary Gene Kranz, who also was the hero for Apollo 13, was the flight director for the landing. You will hear him talking in the loop to his controllers.
Here are some key moments:
6:10: they were given "GO" to continued PD (powered descent).
7:29: The 1202 alarm and by 7:50 MC had determined they were 12:02 alarm.
10:58 the historic "GO/NO GO" for landing.
11:06: Kranz tells Capcom they are GO for landing.
11:08: Duke tells Eagle they are GO for landing.
11:20: Within a second after acknowledging they are GO for landing Armstrong notes a 1201 alarm.
12:20: There is an "attitude hold" as Armstrong at around 500 feet from the surface is actively looking for a landing spot. He is now manually piloting Eagle.
12:25: Kranz tells his team that the only call-outs will be remaining fuel. From this point forward you hear Aldrin calling out the speed and altitude as Armstrong looks to land the Eagle.
When people talk about American Exceptionalism, this is what they should be talking about. Kranz has enough faith in his men to let them do what they are trained to do. Armstrong is arguably the best pilot in the world, and all the training is now paying off as he is flying around large boulders, looking for a place to land, with just two minutes of fuel. Aldrin is cool as can be, giving Armstrong velocity and altitude and rate of descent. This is teamwork at its finest.
13:35: First fuel call: "low level".
13:47: 5% of fuel.
13:57 60 seconds of fuel. Listen how cool Kranz is as he relays this information.
13:59: Duke, with a little more urgency in his voice tells Eagle they have 60 seconds of fuel remaining.
14:16: They are soooo close. Aldrin notes that they are "kicking up some dust".
14:21: A controller tells Kranz they have 30 seconds of fuel.
14:28: Duke tells Eagle they have 30 seconds of fuel left.
14:37 Aldrin calls out "Contact light!". The probe of the lander has touched the surface of the moon. The men now quickly go through their landing checklist. It's fascinating to hear.
14:59: From Tranquility Base, perhaps the most historic words ever spoke in the history of the English Language "The Eagle Has Landed." And Duke responds about a "bunch of guys about to turn blue. We're breathing again."
15:50: Kranz is still all business while everyone around him is going crazy and he calls for a T1 "Stay/No Stay".
This is historic footage. Watch and listen to it all. It's worth it.
This is American Exceptionalism. Not some nonsense about trade tariffs and who pays more for NATO. This is the real stuff Americans are made of. And we shall return.
But perhaps in the history of Human-Kind, July 20, 1969, will stand out as the greatest day of humanity. Led by the United States, and two courageous men. Neil Armstrong and Buzz Aldrin. We landed and walked on the moon.
Stop for a moment and consider that again. Humanity, who once gazed across the seas and pondered what was on the other side, left Earth and landed on another Planet (yes the moon isn't a planet, but you get what we mean). We started off walking across the plains of Africa, crossing the ice bridge into North America. We conquered mountain ranges and deserts and oceans, and caves and the bottom of the sea.
And then we turned our gaze to the heavens.
It's hard to remember what a leader can do when s/he inspires instead of attacks. When s/he unites instead of divides.
But that's what occurred in May, 1961, when President Kennedy challenged a nation to put a man on the Moon by the end of the decade.
We did it.
It was our greatest accomplishment. Our greatest day. America's greatest day. Humanity's greatest day. Because we came for all mankind.
So here is the landing, with all the drama of the 1201 and 1202 alarms. And listen closely as they are landing, to the "60" second and then "30 second" calls. That's mission control telling Armstrong how much fuel he had left and it's why after the Eagle landed CapCom responded with "you got a bunch of guys about to turn blue here." They were holding their breath praying that Apollo 11 didn't run out of fuel.
This is the MC loop so you can hear the comments between the men at Mission Control and Apollo 11.
Astronaut Charlie Duke, who later walked on the moon during Apollo 16 is Capcom for the landing. He is the only one talking to the Eagle.
The legendary Gene Kranz, who also was the hero for Apollo 13, was the flight director for the landing. You will hear him talking in the loop to his controllers.
Here are some key moments:
6:10: they were given "GO" to continued PD (powered descent).
7:29: The 1202 alarm and by 7:50 MC had determined they were 12:02 alarm.
10:58 the historic "GO/NO GO" for landing.
11:06: Kranz tells Capcom they are GO for landing.
11:08: Duke tells Eagle they are GO for landing.
11:20: Within a second after acknowledging they are GO for landing Armstrong notes a 1201 alarm.
12:20: There is an "attitude hold" as Armstrong at around 500 feet from the surface is actively looking for a landing spot. He is now manually piloting Eagle.
12:25: Kranz tells his team that the only call-outs will be remaining fuel. From this point forward you hear Aldrin calling out the speed and altitude as Armstrong looks to land the Eagle.
When people talk about American Exceptionalism, this is what they should be talking about. Kranz has enough faith in his men to let them do what they are trained to do. Armstrong is arguably the best pilot in the world, and all the training is now paying off as he is flying around large boulders, looking for a place to land, with just two minutes of fuel. Aldrin is cool as can be, giving Armstrong velocity and altitude and rate of descent. This is teamwork at its finest.
13:35: First fuel call: "low level".
13:47: 5% of fuel.
13:57 60 seconds of fuel. Listen how cool Kranz is as he relays this information.
13:59: Duke, with a little more urgency in his voice tells Eagle they have 60 seconds of fuel remaining.
14:16: They are soooo close. Aldrin notes that they are "kicking up some dust".
14:21: A controller tells Kranz they have 30 seconds of fuel.
14:28: Duke tells Eagle they have 30 seconds of fuel left.
14:37 Aldrin calls out "Contact light!". The probe of the lander has touched the surface of the moon. The men now quickly go through their landing checklist. It's fascinating to hear.
14:59: From Tranquility Base, perhaps the most historic words ever spoke in the history of the English Language "The Eagle Has Landed." And Duke responds about a "bunch of guys about to turn blue. We're breathing again."
15:50: Kranz is still all business while everyone around him is going crazy and he calls for a T1 "Stay/No Stay".
This is historic footage. Watch and listen to it all. It's worth it.
This is American Exceptionalism. Not some nonsense about trade tariffs and who pays more for NATO. This is the real stuff Americans are made of. And we shall return.
Wednesday, July 18, 2018
AN UNHAPPY ENDING
Wednesday is National Hot Dog day. No word on whether El Chapo Café will have specials.
In over thirty years we have never, ever, eaten anything from any of the carts that populate the streets outside of the REGJB.
Query: has any reader eaten a hot dog from a cart outside of the courthouse? Reviews?
WHAT NOT TO DO:
Dateline- Ohio.
The Columbus Dispatch reports that attorney Brian W Benbow was in court with a client for a child-visitation matter in December, 2014. In a conference room that had a live video feed that was monitored by courthouse deputies, Benbow put his files and coat on his lap. and then his client's hand underneath the coat.
A sex act ensued involving the client's metacarpophalangeal joints and the lawyer's intromittent organ. The ending of this union was anything but happy. Benbow has been suspended by the Ohio Supreme Court for two years.
Helpful Rumpole practice tip of the day. DO NOT DO THIS.
In over thirty years we have never, ever, eaten anything from any of the carts that populate the streets outside of the REGJB.
Query: has any reader eaten a hot dog from a cart outside of the courthouse? Reviews?
WHAT NOT TO DO:
Dateline- Ohio.
The Columbus Dispatch reports that attorney Brian W Benbow was in court with a client for a child-visitation matter in December, 2014. In a conference room that had a live video feed that was monitored by courthouse deputies, Benbow put his files and coat on his lap. and then his client's hand underneath the coat.
A sex act ensued involving the client's metacarpophalangeal joints and the lawyer's intromittent organ. The ending of this union was anything but happy. Benbow has been suspended by the Ohio Supreme Court for two years.
Helpful Rumpole practice tip of the day. DO NOT DO THIS.
Monday, July 16, 2018
FDC AND OTHER THINGS THAT ANNOY US
A STAR IS BORN:
Before we get to FDC, we must say that a blog-star is born. Our intrepid, erstwhile and putative REGJB Juror Mr. Samuel Danzinger, Esq., has left a comment, which we post here with the simple invitation- Mr. Danizger, the blog is yours to use and enjoy. Should you feel so inclined, please email us your thoughts, reminiscences of Dade legal days long gone, and those who wore black robes from that era, and we shall print them-unedited- on the front page, where your ideas and thoughts surely belong.
Samuel R. Danziger said...
STRAWSSUCK STINK : (even we couldn't tolerate the pun).
Longtime and careful readers of the blog know that we have continually railed against the use of straws. They are unnecessary and an environmental hazard. The rest of the world has now caught up. Rumpole as a trailblazer once more.
FDC: WTF?
First of all, props where due. FDC is the best jail in Miami. You can email and have your clients waiting for. This is big. And we have seen a definite improvement in the staff hustling lawyers in and out, which is also much appreciated.
But why does FDC need to know the license plate number of our car, as well as the make, model, year and color? It's total waste of time to fill that stuff out. And how about this- when we take Uber or walk and indicate that on the form, at least half of the time they kick it back and ask us if we own a car and to list it. And this is the ridiculous part. Once the information is written, they do nothing with it. Otherwise they would want to know why a lawyer is driving a 1958 Powder Blue Edsel with the license plate from Alaska of "Trmpstnks"which is generally how we fill out the form.
Second, we can email our request, why can't we at least have the forms on line or in PDF format so our crack staff can fill them out in our office and thus save us valuable time when we arrive? One might hope that a certain popular and influential blogger who runs a blog about the Southern District Of Florida would join this bandwagon and try and get FDC to allow the forms to be in PDF format on line so they can be filled out before hand.
And don't even get us started on the locker placement/key issue. And when it is raining, and it is raining a lot these days, there is no place to leave an umbrella.
Minutiae:
We are also bothered that Starbucks puts a plastic lid on every cup, even those we drink inside the store. A waste of plastic at a time, environmentally, when we cannot keep doing that.
Andy Weir's new novel-Atremis- about a lunar colony, is a good summer read. The Martian was great, and we recommend that if you haven't read it yet.
Also, every now and then it's good for the soul and work to pick up Henry V and give it a re-read. There is nothing better than reading Shakespeare in a cool London Pub on a hot summer day with a pint of their best, or two. Henry V is Shakes recounting of our England's great victory at the battle of Agincourt. The passions of men about to head into war. The intrigue of the clergy, who manipulated the lust for blood.
From Occupied America, once more into the breach dear readers, once more...
Before we get to FDC, we must say that a blog-star is born. Our intrepid, erstwhile and putative REGJB Juror Mr. Samuel Danzinger, Esq., has left a comment, which we post here with the simple invitation- Mr. Danizger, the blog is yours to use and enjoy. Should you feel so inclined, please email us your thoughts, reminiscences of Dade legal days long gone, and those who wore black robes from that era, and we shall print them-unedited- on the front page, where your ideas and thoughts surely belong.
Right Hon Horace:
Seek and ye shall find a place to leave a comment. I sought and now found your comment section. First, I have just enjoyed each and every comment. As 5:43 said, I am a retired civil attorney who could not serve while being active with the Florida Bar. Now, second, the 3 1/2 x 3 1/2 magnets come from a firm by the name of Quotable Cards. (http://www.quotablecards.com/our-products/). The firm produces greeting cards, mugs,
magnets, etc and they are sold locally by Whole Foods. You will find a spin rack near their checkout registers although the selection may vary from your taste. In that event, please follow though and contact the firm for information on custom made.
All the best, Sam Danziger
Seek and ye shall find a place to leave a comment. I sought and now found your comment section. First, I have just enjoyed each and every comment. As 5:43 said, I am a retired civil attorney who could not serve while being active with the Florida Bar. Now, second, the 3 1/2 x 3 1/2 magnets come from a firm by the name of Quotable Cards. (http://www.quotablecards.com/our-products/). The firm produces greeting cards, mugs,
magnets, etc and they are sold locally by Whole Foods. You will find a spin rack near their checkout registers although the selection may vary from your taste. In that event, please follow though and contact the firm for information on custom made.
All the best, Sam Danziger
STRAWS
Longtime and careful readers of the blog know that we have continually railed against the use of straws. They are unnecessary and an environmental hazard. The rest of the world has now caught up. Rumpole as a trailblazer once more.
FDC: WTF?
First of all, props where due. FDC is the best jail in Miami. You can email and have your clients waiting for. This is big. And we have seen a definite improvement in the staff hustling lawyers in and out, which is also much appreciated.
But why does FDC need to know the license plate number of our car, as well as the make, model, year and color? It's total waste of time to fill that stuff out. And how about this- when we take Uber or walk and indicate that on the form, at least half of the time they kick it back and ask us if we own a car and to list it. And this is the ridiculous part. Once the information is written, they do nothing with it. Otherwise they would want to know why a lawyer is driving a 1958 Powder Blue Edsel with the license plate from Alaska of "Trmpstnks"which is generally how we fill out the form.
Second, we can email our request, why can't we at least have the forms on line or in PDF format so our crack staff can fill them out in our office and thus save us valuable time when we arrive? One might hope that a certain popular and influential blogger who runs a blog about the Southern District Of Florida would join this bandwagon and try and get FDC to allow the forms to be in PDF format on line so they can be filled out before hand.
And don't even get us started on the locker placement/key issue. And when it is raining, and it is raining a lot these days, there is no place to leave an umbrella.
Minutiae:
We are also bothered that Starbucks puts a plastic lid on every cup, even those we drink inside the store. A waste of plastic at a time, environmentally, when we cannot keep doing that.
Andy Weir's new novel-Atremis- about a lunar colony, is a good summer read. The Martian was great, and we recommend that if you haven't read it yet.
Also, every now and then it's good for the soul and work to pick up Henry V and give it a re-read. There is nothing better than reading Shakespeare in a cool London Pub on a hot summer day with a pint of their best, or two. Henry V is Shakes recounting of our England's great victory at the battle of Agincourt. The passions of men about to head into war. The intrigue of the clergy, who manipulated the lust for blood.
Once more unto the breach, dear friends, once more;
Or close the wall up with our English dead!
In peace there's nothing so becomes a man
As modest stillness and humility:
Or close the wall up with our English dead!
In peace there's nothing so becomes a man
As modest stillness and humility:
But when the blast of war blows in our ears,
Then imitate the action of the tiger.
And of course...
From this day to the ending of the world,
But we in it shall be remembered-
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother; be he ne’er so vile,
This day shall gentle his condition;
But we in it shall be remembered-
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother; be he ne’er so vile,
This day shall gentle his condition;
And the words all those who wear black robes, and all those who practice before them should heed:
Men of few words are the best men.
From Occupied America, once more into the breach dear readers, once more...
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