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, December 02, 2024

PARDON MY FRENCH

NOTE for those of you unfamiliar with blogs RUMPOLE did not write this post! Guest blogger Scott Saul did. We have no problem with what President Biden did. And we hope he follows it up with hundreds of more pardons and commutations for people serving long drug related sentences. And to our Swifty fan - try reading before attacking. Less time on Snap and TikTok and more time reading books.


For everyone within the criminal justice system that aspires to simply do a “proper job”, how is it possible to coincide what we all should be aiming for, with the arbitrary favoritism exemplified by the executive pardon of Hunter Biden…or all the other friends and family of presidents, that are rewarded with a get-out-of-jail-for-free card?   

Hunter Biden's past conduct appears to be that of a degenerate that benefited simply by his last name and the connections that comes with it. As a family  man,  I cannot condone his lifestyle yet, at the same time, I have never seen a firearm prosecution like the one he went through.  I have always viewed his conviction with skepticism but, at the same time, being a Monday morning quarterback doesn't equate to being fully knowledgeable about the entire situation. The gun charge seemed to be a farce...but the failure to pay taxes...those are usually cut and dry cases.


However, whatever my personal feeling is about a case, the proper protocol is usually the jury has spoken and an unhappiness with a verdict is supposed to be left to the purview of the appellate system. That regular protocol is fine from a theoretical standpoint, yet this $%^&in’ (remember…my french) pardon system can embody a sickening , disproportionate style of justice that is no different from a blatant caste system.  With laws [theoretically] designed to create consistency with the application of the law, that blindfold upon Lady Justice looks awfully transparent. How can these arbitrary pardons be reconciled with what goes on in any courthouse? While I know it is improper to compare cases, doesn’t the institutionalized disproportion of cases trigger due process concerns for all ?  What happens when a similarly situated defendant remarks, “Why am I being prosecuted when Hunter Biden was able to have his day in court and, despite the verdict, just get a pardon?  


Can you blame a person's dissatisfaction and distrust with authority where there are clearly different standards depending  on your DNA ?  Would it be fair to argue that the government-promoted,  disproportionate treatment of a defendant is an affront to the whole criminal justice system?  I realize that this favoritism has always existed yet the ever increasing technology thrusts this issue into the public’s face more intensively than ever. Can you believe that last night, every network interrupted their regular broadcast for a “special report” on this event? I thought something substantial, like WWIII was going on.    


Look, as a father, I would do anything to protect my children and I do not blame President Biden for doing what he did; however, as a dedicated criminal defense attorney, I am repulsed.  


29 comments:

Sir Wilfred said...

So you don’t like the Constructional power of Presidential Pardons. What other parts of the Constitution gives you heartburn?
Trump gets cases dismissed just cause he won an election. Nixon wouldn’t have had to resign if he had the Trump Supreme Court.
Really, what father wouldn’t pardon his child from such BS charges

Anonymous said...

You're "repulsed" that a father would pardon his son who was the subject of a political prosecution to embarrass him? As a self-proclaimed "family man," you wouldn't do the same? Or if you had a "degenerate" child, (I note you seem to have zero empathy despite being a self-proclaimed "dedicated criminal defense lawyer"), you would let them twist? Stick to your meandering music comments.

Anonymous said...

I don't understand your repulsion. Pardons are part of our system of laws, were specifically created by the founders in the constitution, and are more fully part of the "proper protocol" than any arbitrary sentencing guideline or rules of discovery that might otherwise exist as creatures of legislative or judicial construction.

Plus, there is nothing new about this. Bill Clinton pardoned his brother. Trump pardoned his consuegro (his son-in-law's father). This is almost certainly what the framers expected. I see your rant as little different from the "deep state" burn the system down nonsense of the MAGA crowd. I am all for constitutional amendments and campaigning for them, but the sort of destructive rants do more harm than good.

Anonymous said...

Perhaps a balance in life for an absentee father that was dedicated to a political career…

Anonymous said...

You forgot to say that Biden lied to Americans numerous times when said he would not pardon his son. He ends his Presidency not with a bang but with a whimper.

Anonymous said...

I am far more bothered by Trump issuing pardons on the Jan 6 assholes.

Anonymous said...

Those 'degenerates' pay a ton of our bills...and I suspect yours too! What does that make us?

Anonymous said...

Lol what a post. Anyway, why would joe Biden give a flying fck about any of that I just read? He's an easy liar and a hardcore criminal. Notice that the pardon dates back to 2014. The tax and gun crimes were like 2017 2018.

2014 was when Hunter joined the board of Burisma.

Anonymous said...

RE: I am repulsed.

Hey grumpy old fart-- yes you, Rumpole!! Swiftie-fan here. Why are you repulsed by this? Why are ppl getting bent out shape? Have we forgotten about the crap Trump has done and said? Including the Jan 6 attack on Democracy. Did you forget rioters assaulted Capitol Police officers and reporters, and attempted to capture and harm lawmakers. The gallow that was erected with rioters chanting to "Hang Mike Pence" after he rejected calls to overturn the election results? I guess those incidents are all swept under the rug and don't matter but yet ppl are sooooo upset that Biden pardoned his son?? Like really??? It was only a matter of time, we all knew he was going to do it. You don't think Trump would have done have the son had it been Eric or Don Jr? Republicans purposely made Hunter Biden a political target to prosecute in retaliation for making Trump accountable for his litany of crimes, and just like Trump had them tank the bipartisan border bill, he also made sure they pulled the rug out on him for the plea deal that was already made. . If Biden felt like Hunter was going to get a fair sentencing, he might have left him in, but it’s too easy nowadays for Trump to tweet/truth and a judge to start doing crazy shit. The max sentence was 17 years….thats a long ass time. If he were going to get off with a normal sentence, I bet he would have let him do the time. Biden is an institutionalist at heart and a pardon is a check on an institution…the pardon was the last thing he wanted to do (IMO). Trump's already pledged to go after "the Biden Crime Family." He tried to prosecute Clinton and Comey his first term but the DOJ was independent enough to refuse and push back, with talk of impeachment for abuse of power. Those people are gone this time. It makes sense that this was prompted by Trump's election and would not have happened otherwise.The only people thinking this is controversial don’t understand the meaning of the word hypocritical. Republicans do this kind of stuff ten-fold and the media just whiffs it like it’s no big deal. Why do Democrats always have to be the ones holding up some standard of decency and the other side gets to do whatever the fuck they want with no consequences?

Anonymous said...

He hasn’t done that yet

Anonymous said...

Hope Hunter didn’t murder or rape someone we don’t know about in the last eleven years.

Anonymous said...

Ditto

Anonymous said...

The only problem with Biden pardoning Hunter is that he stopped there. Don’t stop at your son and turkeys, Joe.
There are a lot of people deserving of pardons. And it is within the president’s power, and in my opinion, his duty.
Let’s start with commuting all federal death sentences to life and pardon all federal inmates in prison for marijuana offenses.

Anonymous said...

As a dedicated criminal defense attorney your repulsed by someone being pardon from a farce of a prosecution??? Make it make sense! Any other defendant would’ve gotten a diversion program. It was a political attack on Biden by way of his son. Any dedicated criminal defense attorney should be saying, “what took you so long, Biden? Now get to pardoning more!”

Our system is a joke, lucky for Hunter his dad could save him. Every father worth a damn would.

Anonymous said...

That’s not French, that’s Anglo-Saxon.

Rumpole said...

Hey swiftly. No surprise you can’t read in the era of snap IG TIKTOK ETC. I DIDINT WRITE THE POST. SCOTT SAUL DID. Go harass him. And try cracking a book from time to time.

Anonymous said...

Biden: I am not dropping out of the election.
Also Biden: I am dropping out of the election

Biden: no, I won’t pardon my son
Also Biden: here’s a full pardon for everything my son may have done

Every parent would have done the same. The problem is, you lied Joe. That and the fact the your own party pushed you out, yikes. You’re done Joey. Tuck tail and run. Bad, bad look for you Dems.

Scotty Saul said...

Take your swings at me

anonymous said...

I'm no Hunter Biden fan but this post is pure nonsense. Suspect Scott is having a senior moment. I'm with 7:02, 9:24, 1:03 and 1:06.

Anonymous said...

Stone, Manafort, Kushner, Bannon, Papadapolous, Flynn, Anthony

Anonymous said...

You would think that a lawyer would know the difference between a lie and a change of position. Say that you don't like that he changed his mind. Fine. But unless you know (and how could you) that he intended to pardon his son when he said he wouldn't, it's not a lie.

Anonymous said...

Pardon dating back to January 1, 2014. Clear attempt at protecting Hunter from any prosecution relating to his time at Burisma. Further, the pardon comes after months of the official administration position that he would not be pardoned. Of course a father pardoning his son is understandable, however, lying about it for months during election season to play the Trump is a threat to democracy card is the problem. The democrats hypocrisy knows no bounds and the libs defending this lie and subsequent pardon have shown how rotten the Democrat party has become.

Anonymous said...

Just take what I wrote to Rumpole and address it to yourself. As for you, Sir Rump, I admit, I have IG but TIKTOK? What- you think because I like Swifty you assume I have TikTok? Im not apart of the TikTok generation, most if not all are idiots on there. Getting back to the subject on hand, again I dont understand what the fuss is about when Trump and his Maga Nation have done and said far worse. I dont have time to crack open a book, I lead a very busy life, one of which includes reading your blog.

Anonymous said...

True, Biden’s not breaking politics here; he’s just catching up.

Anonymous said...

To 9:00pm Swifty fan here (9:24) --- Thank you. Someone gets it! Seriously this post is ridiculous-- to say you are repulsed? How about we start a list of the repulsive things Rump and his Maga-Nation have done and said? Just wait til that nut-job takes his position on Jan 20-- you'll find plenty of things to be repulsed at. Any father/parent would have done the exact same thing as Biden did. So go take your dramatic writing elsewhere. Repulsed? Jesus, get a grip, Saul. How about you take a "mental break" just as the students at Harvard did after their Professors claimed many of their students were suffering "post election blues." Talk about a stupid move! Mommy and daddy pay how much a year for their tuition, for them to take a mental day? Georgetown University in Washington, D.C. invited students to a "self-care suite" Michigan State University, an "MSU" professor went viral after cancelilng her class to "grieve" about the election. Cleary these people are not equipped for the real world. Instead universities are producing a generation that can’t face the uncertainties and challenges of life. Our great-grandparents fought through WWII with sacrifice and grit – and there was no "self-care suite." In the 60s , students were faced with anti-war protests but still managed to get to class and survived without being coddled. Getting back to the subject at hand, Mr. Saul, if you are so repulsed by this, perhaps you too need a "mental break?" Or even better, how about a coloring book to color away your feelings? Or maybe a lego set. Or, try listening to some Taylor Swift. Music does wonders for the soul.

Anonymous said...

So someone cannot change their mind?! None of us know if Biden lied, or he just saw who Trump is appointing to his cabinet and what he is saying and he changed his mind about pardoning Hunter. Maybe he decided that he didn’t want to see his son sent to prison for a charge none of us has even seen prosecuted. I am far more concerned with what is coming than Joe showing mercy to his remaining son.

Rumpole said...

Rump and his MAGA nation? Do you read anything I write? Or just follow swifties on IG?

Anonymous said...

Presidents don’t pardon state crimes.

Anonymous said...

Swifty fan here-- oh ease up-- that should have said, TRUMP and his Maga-Nation. Relax! Had you been smart enough, you would have understood it was a typo. To quote Taylor Swift- "you need to calm down! You're being too loud"