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.

Monday, July 04, 2022

THE DECLARATION DEFENSE

 Maybe we have been at this game too long. But when the arrests and indictments began to be issued against the individuals who stormed the Capitol on January 6, we immediately thought that if retained we would mount this defense: 

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security...

To be clear, we do not and did not support the political objectives of those who stormed the Capitol. But for that matter we did not support the political ideals of those held at Guantanamo Bay, Cuba, for their opposition to the United States on and off the battlefield. But we would have represented them. 

Nor did John Adams support the presence of British soldiers in Massachusetts, but he successfully represented several of them who fired into a hostile crowd. Well before Florida's SYG law, he mounted a successful self defense with these memorable words: "facts are stubborn things and whatever may be our wishes , our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence."

Are we wrong? Do not the words of the Declaration of Independence provide the framework for a defense on those charged for what they did on January 6? Now before you put down your hotdog and cold one and fire off an angry missive, we remind you that we do not believe this current government has become "destructive of these ends" requiring revolt. However, had POTUS 45 successfully seized voting machines and had Mike Pence agreed to reject slates of voters submitted by States on January 6 and kept POTUS 45 in power, subverting the lawful votes and outcome of the last election- would you not have taken up at least figurative arms against a government that was not "instituted among men?" 

We would have.

And doesn't that make the actions of those who stormed the Capitol simply whose Ox was gored? 

Happy Fourth. No hot dog eating and driving! 


Rumpole's Best Bet:
The Battle for The Mustard Belt will take place today at Nathans, Coney Island, NY. The Over/under is 76 Hot Dog and Buns (HDB) for the men's competition. Take the OVER. The o/u for the Women's competition is 46. Take the UNDER. Enjoy. 



15 comments:

Anonymous said...

So your defense to an obstruction of congress charge would be that your client actually intended to overthrow the government? Hmmm. Novel.

Anonymous said...

Look at it this way, if it had been successful, it would have been the first weaponless insurrection. Besides, leave it to the Dens to have a star chamber hearing on the Jan 11"insuurection"

Rumpole said...

Ah ye of limited imagination and abilities and talent. My defense to the charge Wouk’s have been that the Declaration of Independence GUARANTEES every American the right to over throw the government to rebut the charge of obstruction. Because inherent in the charge and the evidence were text and social media messages discussing just such activities. As if they are wrong and illegal. And our founding document declares that they are not. Try reading it before responding.

CAPTAIN JUSTICE said...


July 4. Yes it’s Independence Day. But it’s also the anniversary of one of the greatest oratories of all time. July 4, 1939, the day the Iron Man, Lou Gehrig, delivered his famous speech to a packed ballpark at Yankee Stadium. “… Today I consider myself the luckiest man on the face of the earth”. Gehrig’s number 4 Jersey was the first ever to be retired.

Rumpole, you know almost everything about everything but you don’t know anatomy. Joey Chesnut is injured. He has an injured leg and he is using crutches. No way he breaks his record. And the over under is actually 74.5 and because of his injury the winning bet is to go under. ­čśé

Happy 4th

Cap Out …..

Anonymous said...

My uncle died on the beach in Normandy so that those protesters could have the right to protest on January 6th. He did not die so that they could have the right to overturn an election just because a bunch of stupid republicans didn't like the outcome. Period, end of story.

Anonymous said...


The Declaration of Independence conferred no rights, it is a declaration and justification. If any rights were conferred they would be collective not individual - even fake originalists can read the text (with emphasis added): "That whenever any Form of Government becomes destructive of these ends, it is the RIGHT OF THE PEOPLE to alter or to abolish it."

I suggest in comparing the insurrectionists (and insurrection) with the Declaration signers this line from the Declaration (with emphasis added) and the specific examples that followed is worth noting: "To PROVE this, let FACTS be submitted to a candid world."

Anonymous said...

Rumpole: Your piece was well thought out and interesting. Silly you, as your audience does not appear to be. .

Anonymous said...

Not quite whose ox is gored. Whose ox is telling the truth. The penalty for not having the judgment to know when you are being manipulated, is that facts become convenient things, not stubborn things. And if facts are just what you believe, reality has an increasingly sharp bite.

Anonymous said...

So….Thomas Jefferson said I could. Very creative.

Anonymous said...

What a surprise! The sniper who killed the folks at parade was a hardcore Trumper.

Anonymous said...

Silly you. He is merely acting as a Trumper, but he is a member of Antifa. Part of the conspiracy to make Republicans look bad.

Anonymous said...

Hey Anonymous at Monday, July 04, 2022 3:44:00 PM

Who in this day and age says "Silly You"

What are from the 1940s?

Anonymous said...

Lots of people say it when they are being sarcastic.

Anonymous said...

"My defense to the charge Wouk’s have been that the Declaration of Independence GUARANTEES every American the right to over throw the government to rebut the charge of obstruction."

Why only use that defense for obstruction?
Too bad Timothy McVeigh didn't think to call you so you could use that defense for his charges.

Anonymous said...

Who in this day and age says "Silly You"?

Tucker Carlson.

"Some absolute right to date who you want? You thought you had such a right. Silly you."

https://www.youtube.com/watch?v=EtJ4Uq_OWxg