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.

Thursday, May 21, 2020

POINT COUNTER POINT

Everyone's favourite federal blogger (and these days that includes President Trump) is at it again. This time facing off in the pages of USA today against an erstwhile but overmatched USA Today editorial board debating the General Flynn contretemps

Mr. Markus's piece is here. 

The rag's editorial's musings are here. 
Once finished reading,  they make a good fish-wrap. We always endorse recycling. 

Our view is this: we have never seen a US District court seek a third party's opinion about the government's decision to bring a case. Why does a judge need to stick his unbiased nose into the decision to abandon charges? Absent unusual circumstances like, say...an out of control president who views the DOJ as his own personal law firm, the decisions of the executive branch are not subject to sua sponte review by a disgruntled robe wearer. 

SOME GOOD NEWS:
Noma, a 4x winner of World's Best Restaurant, has opened for take out! A small bit of bad news-- Noma is in Copenhagen, but a wee bit of 12 hour travel for a Noma meal is well worth it. We've dine it before. What is the world's best restaurant serving for take out? Why of course Cheeseburgers! Freshly ground grass fed beef, organic onions, potato rolls baked fresh daily... we are checking airline schedules. At 125 Danish Kroners ($18.25 U.S), we are clearing our Amex for several days of bliss. 




10 comments:

Anonymous said...

The judge is getting into the zone of "studying for the finals." I do not think he much cares about the law. He feels very strongly about this and so much so that he does not care what it does to his reputation. It is a shame. I suspect that the D.C. Circuit will wait a day oir two to see if the judge backtracks, and if not, then it will direct that a response be filed. So, then the question becomes, who will write a support for the judge. He may have to do his own.

Jerry said...

The best way to solve this is for all parties to do a marathon Ink-A-Dink-A-Bottle-Of-Ink.
Last party standing wins. And It is good. If you're it you win.

Bill Barr AG said...

Not rock-paper-scissors? The DOJ endorses rock-paper-scissors for alternative dispute resolution.

Anonymous said...

I like mine with lettuce and tomato, Heinz 57 and French fried potatoes. I am not a fan of pickles (big, kosher, or otherwise), and these days I prefer a bold red, but I'd still gladly go a for cold draft beer.

Real Fake Former Judge said...

Sometimes, sitting here in my palatial estate in Sheboygan, Wisconsin, where I supervise my group of Chikn-delites that has supported me so well in my post-judiciary retirement (be careful where you spend you DROP money my friends, it's a once in a lifetime chance to invest and make some moola) I will as the soft summer evening light fades want nothing more than a good ol Big mac large fries and a frosty Pop as we call soda here in the American heartland. You can have your Europe-trash fancy schmancy burgers. McDonalds made America and America made McDonalds and real Americans eat real food.

FAKE WARREN BUFFETT said...

RUMPOLE?

Why has Chickn-Delites not opened any franchises in Florida? Would you buy their stock at this price?

Anonymous said...

“Views the DOJ as his own personal law firm”?? Like Obama and his “wingman Eric Holder??
C’mon man!!

Anonymous said...

Unfortunately, for Mr. Flynn, and Mr. Markus' argument, Mr. Flynn is no longer an innocent defendant under the eyes of the law. Legally, he lost that presumption of innocence when he changed his plea in court from not guilty to guilty and subsequently swore to the facts of his charges.

Let's not forgot that Mr. Flynn is no longer in the prosecutorial stage of his legal nightmare, but is awaiting sentencing. Mr. Markus makes an excellent argument for dropping these charges pre-change of plea. After a plea change not so much. He also completely ignores legal precedent in federal courts for Judges having to approve settlements which is what a plea is after all. Try getting a federal judge to just do your bidding on a plea in a class action case, wage dispute case or many other causes of actions - it won't happen. They have a role to play to ensure that the resolution is fair not just to the parties but to the system.

Scarier for Mr. Flynn is the fact that the judge is also looking into contempt charges. One can easily imagine this judge following the governments wishes on the criminal charges but then holding Mr. Flynn in contempt of court for lying under oath to the court. The sentence he imposes fo that may not be pardonable by the president.

However this matter plays out, one can only hope that Mr. Flynn leaves government and moves on with his life in ways that he won't find himself falling for "perjury traps" so guilessly.

Anonymous said...

man you really get up markusus ass

Anonymous said...

Google translator translates "Noma" from Danish to English as "The REN, a venue".