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.

Friday, April 18, 2025

THE PARABALE OF THE SAMARITAN

 Good Friday is many things to many people of many religions. At its core, it is the crucifixion of Jesus and the attending chaos of the times and people around him. Suicide, denial, a call upon the lord as to why he has forsaken Jesus; many things were occurring in turbulent times. Much like some legal proceedings today, where the government obstructs the process with endless challenges to jurisdiction, there were jurisdictional questions over the sentencing of Jesus.

Pontius Pilate questioned the sentencing of Jesus to death.  When he learned that Jesus was from Gailee, he sent the matter to King Herod who was in Jerusalem celebrating Passover.  Jesus refused to answer questions from Herod, who sent him back to Pilate, who opined that neither he nor Herod had found Jesus guilty of anything. 

Pilate had Jesus whipped and then sought to release him, but the crowd - call them the Make Rome Great Again crowd MARGA- and as MARGA and similar crowds are want to do with itinerant alien carpenters, they demanded he be crucified.   

Jesus was betrayed for 30 pieces of silver. He was mocked and jeered by Roman soldiers. And  Jesus was adored, his body was taken by Joseph of Arimathea and wrapped and buried- only to be -as Christians believe- to rise again on Easter Sunday. As the Jews would say- "it was a whole mishegoss."  

For Passover,  Jews recite in their Seder that "We were strangers in the land of Egypt". For Good Friday through Easter Sunday, Jesus was forsaken, betrayed, ridiculed, and crucified for being different and for alluding that he may well be the messiah.  When directly asked, Jesus responded  mysteriously "You have said it, and in time you will see the Son of Man seated at the right hand of the almighty." 

One might think that within the lessons of Passover and Easter is the simple proposition that the downtrodden- be them the slaves of Egypt, or the bedraggled man who was so hated, feared and loved- should be treated with dignity and respect. That we are never so tall as when we bend down to help the lowest amongst us. That the principles of the United States are that we welcome strangers in a strange land and give them the chance for life, liberty, and happiness. 

No more. The alien carpenter is deported- no papers and no work permit. Those fleeing oppression in Central America are turned away at the border- slaves fleeing oppression are not welcome in this land of freedom. And in a final insult, the government now seeks to repudiate the 14 Amendment's grant of citizenship for those born here. 

We turn our back on the poor, the oppressed, the small and weak seeking democracy and freedom. We mock aliens and immigrants like Roman soldiers who jeered Jesus. We sell out our neighbors to ICE like Judas for a few coins of silver. Our mobs chant for the deportation of those not like us, cheer their mistreatment and even their death- better dead then receiving the charity of our country. Given the choice, we have no doubt the MAGA crowd would support the crucifixion of their enemies. They already cheer the figurative crucifixions of those who are different. No more health funding for sick children; no more funding to prevent Aids in Africa. No more funding for educational institutions that do not teach the ideas of jingoism. The revocation of access to courts for lawyers who oppose them. Enemies perceived are mocked, fired, attacked, cursed, and all but literally stoned. The power of the government is turned on those who are different.  

Do you have any doubt how Jesus would have treated a trans-teenager? And do you have any doubt how our government is treating trans-people? 

All of this hate and violence and vitriol  in the name of making this country great again? 

And we thought the MAGA crowd believed this was a Christian nation.  Only in the sense that that are doing to immigrants and MAGA enemies what Pilate, Herrod and the Romans did to Jesus. 

Today it is a crime to help an immigrant. 

Luke 10: 25-37

A man who was an expert in the law asked Jesus: “And who is my neighbor?”

Jesus said: “A man was going down from Jerusalem to Jericho, when he was attacked by robbers. They stripped him of his clothes, beat him and went away, leaving him half dead. A priest happened to be going down the same road, and when he saw the man, he passed by on the other side. But a Samaritan came where the man was; and when he saw him he bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, brought him to an inn and took care of him.  ‘Look after him,’ he said to the innkeeper, ‘and when I return, I will reimburse you for any extra expense you may have.’

“Which of these do you think was a neighbor to the man who fell into the hands of robbers?” Jesus asked. 

The expert in the law replied, “The one who had mercy on him.”

Jesus told him, “Go and do likewise.

But not today in MAGA America- do not do likewise they say. Have no mercy on the stranger. And yet they claim in ecstasy that this is a Christian nation. 

   Happy Easter. 


Wednesday, April 16, 2025

FDC RUMOR

UPDATE:  FDC HAS AN ICE PROBLEM. No not the ones that come in cubes and you drop into your jack and coke. It's the detainee problem based on the enforcement of the alien enemies act of 1798 (better late than never). "Hey you! Yeah, you selling the hot dogs with the little girl. Come here. Ve vant to see your papers..." and then off they go to FDC. 

So some ICE detainees at FDC overwhelmed a guard requiring an emergency team to re-take the area with flash-grenades.  The entire place is on edge. And they haven't even gotten to detaining the attorneys at law firms opposing the government and the judges who issue restraining orders against the government: "No, you can't ban someone from court because they have a Free Hunter Biden Bumper Sticker on their car" ;  and "No you cannot throw the entire  UM English Department in jail because they are teaching the Grapes of Wrath and called one transgender student by their preferred pronoun... 

But those days are coming because once they are done with Columbia and Harvard and the major law firms, they will look around and decide they are coming for you. See below. 

Here’s a good one circulating this morning from an email making the rounds:


I heard from a source there was a detainee uprising in the FDC last night due to overcrowding, that the guards were  overwhelmed, and flash grenades were deployed inside the building. Anyone have any details? Is this accurate? If it is, it’s a first in my memory.


THEY ARE COMING FOR YOU 

First they came for the socialists, and I did not speak out—because I was not a socialist.

Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.

Then they came for the Jews, and I did not speak out—because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

—Martin Niemöller


Saturday, April 12, 2025

HELP WANTED

 Ready for a career change? 

Ready to join a dynamic team that wants to make a difference? 

Ready to sell your soul, ethics, and self- respect? 

Then the US Attorneys Office for the SDFL WANTS YOU!




Here's some helpful facts. 


Barbie will be your boss. 



But this guy will be telling you what to do, how to do it , what to say, what not to say, and when your self-respect is gone and you cannot tolerate it anymore, he will be the one who fires you. 



This is your client. 


Not this.


You get to terrorize children. 



But you can and will be required to admire him. 


These will have no bearing on your duties and the decisions you make. 



But, and this is big- you don't have to listen to these people or do what they tell you to do. 


So if you're a team player and ready to put your legal skills to use to destroy the republic and step on cherished constitutional principles, then the US Attorneys Office for the SDFL is looking for you! 

Because as history shows, there should be no legal limits on the power of the executive. 



Wednesday, April 09, 2025

WHAT HAPPENED WEDNESDAY IN THE MARKETS

 The bond yield saved the day, the week, and the economy. 

As of Wednesday morning the idiot was holding firm on his 1930s tariffs plan. And how well did they work back then ? Don’t get depressed (hint) if you don’t know the answer.

 But then investors began fleeing the safety of the US by not buying the 10 year treasury bond. The price fell and the yield soared over 4%. There was no more faith in the US. The Treasury and Commerce Secretaries met with the idiot in the idiot’s office and explained it to him in simple terms. When investors lose faith in treasury bonds - traditionally the safest place in the word to store money - the game is over. We go from recession to depression and the economy is wrecked. 

Lo and behold within the hour the idiot reversed course and the markers rallied over 9%. Less than half  of what they have lost. But still a record breaking rally. Which leads us to this warning. The biggest rallies occur during bear markets. So be careful.  We are not out of the woods. 

In the final analysis we are in a scenario where the markets are reacting to political news and not economic issues. Unlike the credit collapse of 2007-08 there is no fundamental weakness in the economy other than the idiot trying to lead it. The economy is strong. Our president is weak. So we are hostage to his whims. 

But what will not go away is people need iPhones. And the AI revolution is here. Apple is a great stock. And an amazing buy under 200. Nvidia is an amazing company with a five year moat around its AI leading chips. It was the buy of a lifetime under 100 and it’s still great value under 120-130 as it’s a 200 plus stock at the end of the year if the idiot can stay out of the way. Amazon is the strongest retailer in the world. It can navigate the tariff issue better than any other retailer. It’s a great buy under 200.  

So there is our take. 

Bonds saved us. 

For now. 

Monday, April 07, 2025

SAO SPAM ALERT AND MARKET UPDATE

 Tuesday update: Markets are set to open higher. Rumpole advises caution for the short term but buying for the long term (meaning you do not need this money for the next 12-24 months )  Apple and Amazon below 200 are strong long term buys. Same for Nvidia under 100.  But remember the idiot is imposing more tariffs on China and 🇨🇳 cannot capitulate, so settle in for a long trade war.  What the idiot doesn’t get is China makes products integral to US products like cars and many electronics (including many for munitions) and some pharmaceuticals that cannot be made anywhere else right now.  All that will happen and is starting to happen right now  is that middlemen in Europe are buying the components to resell to the US at … wait for it- higher costs.  

If you need some money then use today to sell into the small strength to get out.  As we will see markets mostly lower tomorrow and the week on the China news - offset by some likely tariff deals with Japan, Korea, and that massive US trading partners Sri Lanka and Vatican City. He’s such an idiot.  


The SAO has had their email hacked. Lawyers are getting spam email about non existent zoom meetings and money owed. 

Do what we do. 

Don’t open their emails. Ever. Like on any day for any reason.  If it’s important enough they will call. Then don’t take their call. Because they can’t be trusted and it’s all nonsense anyway (“victim wants max blah blah blah “ like how the adults talk in the Charlie Brown cartoons. ). 

UPDATE  Now we learn some SAO misdemeanor supervisor is unhinged and ordering underlings to revoke bond on driving cases because they are feeling insignificant and don’t understand that we get people bond on murder cases and in only rare rare circumstances should anyone be held in jail on a misdemeanor pending trial. 

To put them in their place - if you decide to open their email and send it to us we will review the case and splash them all over the blog as a lawyer dumb and inexperienced enough to try and put people in jail pretrial for a driving case. And if they think it’s good enough for court then they should have no problem with the publicity we will bring them - until someone with experience steps in and shuts them down. 

MARKET UPDATE 

We are not at a bottom.  Don’t try and bottom fish yet. As Jim Cramer said on Friday. If you bottom fish Friday you sleep with the fishes Monday. 

What we have this week is the idiot threatening China with additional 50% tariffs Thursday unless they remove their tariffs and agree to fund more Jackie Chan movies. Or something equally as stupid.  

Just watch. Nvidia fell to 87 before rallying.  You’re not going to catch the bottom.  But buying it at 105 this week or next will make you a whole lot of money in late 2025-2030. So just be patient.  

Watch Vietnam. They are actively working to remove all tariffs on all trade between Vietnam and the US.  If they make a deal others will follow and the market will rebound  

What do you call a tyrannosaurus under stress? 

Nervous Rex. 

Trade wisely. And don’t open SAO emails. Your life will improve measurably. 

Saturday, April 05, 2025

WHEN YOU'RE RIGHT YOU'RE RIGHT

 Feb 2015 When you are right you are right!




WE AGREE 
NO EXCUSES! 

And when you're right- you are right. "Tariffs are a sure road to doom and disaster." 
Well said Mitt. 



WHAT TO DO? 

We do not love giving investment advice on this platform. But here's a few things to keep in mind. The greatest stock investor of our generation- Warren Buffet said this: "When people are fearful be greedy. When people are greedy be fearful."  The VIX- known as the "fear index" went from mid-teens during the bull market last month to over 30 on Friday. People are fearful.  So do with Warren Buffet said to do. Be greedy. 

Amazon is, after Friday, trading at 15 times cash flow- the lowest in its entire history. Free cash flow is expected to grow 33% a year for the next five years. Its forward PE is similar to 2009. They are building their own chips. They currently deploy 750,000 robots. They have the 3rd largest digital ad business. $amzn is a Rumpole buy. 

So is Nvidia. It is the leader in AI chips and its moat is at least five years wide. There are 300 Billion with a B commitments to new data center spending for FY 2026 and that is firm. and 95% of that spending will include putting Nvidia's new generation of chips in those data centers. Nvidia is the only AI chip game in town for the next five years. If you have ANY worries (and Nvidia has literally doubled our own considerable wealth in the last 18 months) then Taiwan Semi Conductor is a solid second choice. Semiconductors are exempt from the tariffs and $TSM has committed to investing 100 Billion with B dollars in US manufacturing plants over the next four years. #TSM is playing the game and the current administration the way it needs to be played. 

Final thought. The 20 worst days in stock market history since 1970 have been followed by ten of the best days over the next month. 
Look at it another way. There is not one time- NOT ONE- that a stock market correction has not been followed by a larger rally, Not one time. True- the 2007 downturn took five years to recover. But that was an anomaly. Usually a large downturn is followed by a larger rally within six months. Think of what happened during Covid. The shutdown caused a massive selloff (we began our third serious accumulation of Amazon at that point- our first was 1999) which was followed by a sustained rally. If you do not need the money today, tomorrow, or next week, the time to buy is coming up. 

The market has not hit a bottom. The bottom occurs when everyone who is afraid has sold all they have. There are technical indicators we use to find a bottom- and it is near. But if you do not care to time the market, and have a 1-5 year horizon on investing, then just start buying. 10 share of Amazon and Nvidia every day until you've spent your nest egg. Then relax, have a beer and watch some baseball.  

If you have ANY concerns- just reread what Warren Buffet said to do- then do it. 

Wednesday, April 02, 2025

NO FOOLIN

 From DOM's blog: 

The Henry Latimer Center for Professionalism and the Standing Committee on Professionalism have named Chief Judge Cecilia M. Altonaga of the U.S. District Court for the Southern District of Florida and Judge Miguel de la O of the 11th Judicial Circuit as co-winners of the 2025 William M. Hoeveler Judicial Professionalism Award.

The annual award recognizes active judges who exemplify strength of character, service, and competence as a jurist, lawyer, and public servant.

Chief Judge Altonaga and Judge de la O “demonstrate the ideals of professionalism and justice while inspiring others to do the same,” according to the Center for Professionalism.

Rumpole says: Well done to both judges. As to our milieu, Judge De La O has now long been known as the go-to judge for fairness and decency in the REGJB. No DeSantis drone he. 

As to our post on April 1, the sad thing is that some readers thought the press release from the SAO no longer cowering to the victim's wishes was true. Would that it were so. But we do not live in a time of heroes. We live in a time of cowards. 

Which brings us to the president's tariffs. 

You will be glad to know that Bangladesh won't be pushing the US around anymore. The President has slapped that economic powerhouse with double digit tariffs. And the good news for South Floridians is that if you want to make a reservation for a weekend at a beach motel in Dania, you can now do so, as Canadians are staying away from the US in droves. 

Can you blame them? 

And on and on it goes, because we live in a time of cowards and not heroes, as large law firms and universities are demonstrating in droves. 


Tuesday, April 01, 2025

A NEW DAY

 Some positive news from the SAO today in a news release: 

As of today the Miami Dade State attorney’s office will no longer make plea offers based on the victim wanting the max.  We will now evaluate a case based on principles of justice and individual facts and not let the understandable emotions of a victim dictate how we proceed.” 

Rumpole says : long overdue. 


Did you know ? Apple 🍎was founded today on April 1 1976? 

Rumors of a state of Florida Doge- like committee are circulating.  Things being considered - 1) eliminating bathrooms for judicial chambers; 2) eliminating diversity training for all state employees; 3) implementing minimum mandatory prison sentences for being homeless ; 4) eliminating drug court and veterans court as wasteful efforts that embrace DEI ; 5) criminalizing the use of transgender pronouns; 6)criminalizing the existence of charitable food banks in communities; 7) mandating all state employees receive two hours of training in the science that there is no such thing as global warming; 8) requiring all state agencies to begin every meeting with a prayer recognizing that Jesus Christ is the lord and savior. 9) Any state employee with a degree from Colombia University between 2010-2025 will be summarily dismissed  


Sounds good to us. 

Monday, March 31, 2025

SUNNY MONDAY

 It's a new week and the sun is out. Here's our thoughts.

Need a continuance in federal court? Here's a quick out. Become of counsel to one of those firms that the Idiot has attacked. Part of his executive order bars their employees from entering federal buildings. 

"Dear Judge Altonaga- I must inform you that I cannot try the case set next week. The President has barred employees from Wilmer Hale from entering the premises of federal buildings, and I recently became of counsel to Wilmer Hale. I'd be happy to see if Judge Sayfie can lend us one of the State Courtrooms for this case."

El Herald reports that Canadians are canceling their vacation plans to South Florida. Guess MAGA doesn't mean MFLGA. 

Meanwhile the SAO just keeps trying to hide from their malfeasance: "if we ignore it, it will go away"  which is not far removed from George Costanza's famous idiom "It's not a lie Jerry if you believe it" No real remedial actions. They've done NOTHING to restore the Bench and Bar's confidence in their office. So call them out on it. If they make a promise in Court, remind the Judge what they have done and why you cannot take them at their word.

How's the economy treating you? Price of eggs dropped? Price of new cars dropped.? How's your 401K doing? Market have any confidence in The Idiot? Just asking. 

As for that third term? Just look at what Putin did and you'll understand what is in his feeble mind. 

Watch the special election for the seat vacated by ace National Security Advisor Mike Waltz in Florida's Sixth. A reliably R seat, the Dem has raised ten million and is making it a competitive race in a district The Idiot won by 30. It's a mostly older district. Hope they are enjoying themselves if they need to contact social security. Things are so bad at the agency the Idiot's henchman is gutting that supervisors are answering the receptionist's phones. The website was down four of the last ten days. MAGA so long as you're not a retiree who has paid their money into the system and now is a victim of a Government sponsored "Rug Pull". If you don't know what a RP is, Google it- or ask a 20 something.  

Meanwhile, it turns out Waltz friended a bunch of North Korean spies on Facebook and added them on his Snap and Tik Tok accounts. His Tik Tok is racking up some serious views as he posts our attack plans before they occur. The Idiot has mused about paying for military strikes by posting them first on Tik Tok and monetarizing social media to pay for the military. Can't argue with that reasoning. 

*NB: When we refer to him as The Idiot, it is an ironic play on the novel by Dostoevsky- a book we assure you he has never read.  


*NB is latin for Note Bene which means "note well" or "take note". 

NB our country is being run by amateurish fools. 


Sunday, March 30, 2025

RAINY SUNDAY

 Let's talk about something different. 

We contend there are no more poetic words in any rock song than these from Thunder Road: 

So you're scared and you're thinkingThat maybe we ain't that young anymoreShow a little faith, there's magic in the nightYou ain't a beauty, but hey, you're alrightOh, and that's alright with me
You can hide 'neath your covers and study your painMake crosses from your lovers, throw roses in the rainWaste your summer praying in vainFor a savior to rise from these streets
Well now, I'm no hero, that's understoodAll the redemption I can offer, girl, is beneath this dirty hoodWith a chance to make it good somehowHey, what else can we do now?
Except roll down the windowAnd let the wind blow back your hairWell, the night's busting openThese two lanes will take us anywhereWe got one last chance to make it realTo trade in these wings on some wheelsClimb in back, heaven's waiting down on the tracks

Friday, March 28, 2025

DUMB AND DUMBER

 Hillary Clinton called Trump dumb and his administration dumber in an op ed piece for the NY Times here. 

The Trump administration wanted to reply, but no one in the administration reads the Times. 

This was the opening line: 

It’s not the hypocrisy that bothers me; it’s the stupidity. 

Then it got worse.

Firing hundreds of federal workers charged with protecting our nation’s nuclear weapons is also dumb. So is shutting down efforts to fight pandemics just as a deadly Ebola outbreak is spreading in Africa. It makes no sense to purge talented generalsdiplomats and spies at a time when rivals like China and Russia are trying to expand their global reach.

And then this: 

The Trump approach is dumb power. Instead of a strong America using all our strengths to lead the world and confront our adversaries, Mr. Trump’s America will be increasingly blind and blundering, feeble and friendless.

And this: 

Does anyone really think deleting tributes to the Tuskegee Airmen makes us more safe? The Trump Pentagon purged images of the plane that dropped the atomic bomb that ended World War II because its name is the Enola Gay. Dumb

(The answer is yes. The idiots Trump appointed to run the Pentagon think its more important to remove pictures of the Enola Gay then keep tight security on impending military action

All of this is both dumb and dangerous. And I haven’t even gotten to the damage Mr. Trump is doing by cozying up to dictators like Russia’s Vladimir Putin, blowing up our alliances — force multipliers that extend our reach and share our burdens — and trashing our moral influence by undermining the rule of law at home. 

And this gem: 

Diplomacy is cost-effective, especially compared with military action. Preventing wars is cheaper than fighting them. Mr. Trump’s own former secretary of defense Jim Mattis, a retired Marine Corps four-star general, told Congress, “If you don’t fund the State Department fully, then I need to buy more ammunition.”

And she ended with this:

If America is ruled like a banana republic, with flagrant corruption and a leader who puts himself above the law, we lose that argument. We also lose the qualities that have made America exceptional and indispensable.

Thursday, March 27, 2025

BASEBALL OPENING DAY 2025

March 27, 2025 Legal Update: 
David O Markus. Lauren Krasnoff. Month plus trial. 
Wait for it....

NOT GUILTY!!!!  Congrats!!! 

IT'S OPENING DAY!
For legions of die-hard fans who closed out the fall of last year stating "wait till next year!", next year is here. 

Just to hit the ball and touch 'em all –
a moment in the sun; It's gone and you can tell that one goodbye!

John Fogerty, Centerfield.

  
This is a blog tradition. We run this post most years. Baseball is important to us.

The one constant through all the years, Ray, has been baseball. America has rolled by like an army of steamrollers. It has been erased like a blackboard, rebuilt and erased again. But baseball has marked the time. This field, this game: it's a part of our past, Ray. It reminds of us of all that once was good and it could be again. Ohhh... people will come Ray. People will most definitely come. Terrance Mann, Field Of Dreams.




Baseball follows no time. It has a rhythm of it’s own. It’s the only major sport without a time clock.  But now it has a pitch clock and we are not a fan. The strategy is to control the man. Control the match-up.


No matter how you play it, its 3 men up and three men down for nine innings.

It’s a game of statistics- do you bring in your right-handed reliever to face the other teams big right-handed hitter? The stats say yes. And yet…

it’s a game of hunches. When Tommy Lasorda called an injured Kirk Gibson off the bench in Game 1 of the 1988 World Series in the 9th inning, one on, two out, the Dodgers behind 4-3, and the future Hall of Fame Pitcher Dennis Eckersley on the mound , he did so on a hunch. Announcer Jack Buck called the home run, and was moved to exclaim “I don’t believe what I just saw.”

It’s a game of senses.

The glimpse of the green grass in Centerfield when you first walk into Yankee Stadium.
The smell of cut grass and fresh dirt.
The sting of a foul ball off a wood bat on a cold March morning.

The sound of the pop of the ball in the catcher's glove.

Little boys and girls  learn that when they hurt themselves in the game, to rub some dirt on it. Is there any more valuable lesson in life?

The moments are magical, yet simple. It's why memories remain so clear in the rheumy eyes of old men who once played the game.

To take the wide turn past second, stretch a double into a triple, dive in head first, stand up, and dust yourself off.

To move to your own rhythm while you crouch with your glove off of third base, (the hot corner) each hand on a knee, eyes wide as the ball comes off the bat. You scoop up the one hopper and make the throw to first.

Roberto Clemente in game 7 against the Orioles catching the ball in deep right field, whirling and firing a strike to third base- the best throw in the history of the game. 


Willie Mays stalking center field, gliding under a fly ball. 


Hammerin Hank Aaron hitting another one out.

Pudge Fisk hopping and jumping and waving that ball fair.

Mets/ Red Sox. Game six, 1986. Do we need to say anything more?


October 13, 1960. A fading fall light in Pittsburgh. Seventh game of the world series. Ralph Terry on the mound for the Yanks for the bottom of the ninth. The game impossibly tied at 9-9. Bill Mazeroski, the Bucs light-hitting second baseman  takes the first pitch for a ball. The second pitch sails over a dejected Yogi Berra in left field as the city explodes and Maz dances around the bases in the only seventh game-9th inning walk off home run.

Young Dwight Gooden throwing heat, and then snapping off a curve (uncle Charlie, or Lord Charles) for a called third strike. Close your eyes and you can almost see Bob Gibson, standing on the mound in 1968, glaring, before throwing a hard high one inside.


Reggie hitting one out with his first swing on a cold October evening against the Dodgers in the 77 Series. And then another one with his first swing. And then, impossibly, another one with his first swing. Three swings, three home runs. In the World Series. 

Cleon Jones waiting under a fly ball hovering in an ice-blue New York October sky. The ball lands softly into his glove, and Jones falls to one knee for a minute as a man, and stands up as an immortal member of the 1969 Miracle Mets- the fly ball being the last out in the world series that the improbable Mets won. 

Any three guys turning a 4-6-3  double play, but Tinkers to Evans to Chance being the best.

There comes a time in a boy’s life when he stands there at home plate. It's hardball in an organized league. His first real “at bat.” The pitcher is a year older, and maybe thirty pounds heavier. The first pitch comes in so fast he can barely see it. It’s hard to believe anyone can throw that hard. And yet the boy stands there, rubbing some dirt on his hands as he re-grips his bat, kicks his cleats into the ground, and waves his bat. Hopefully menacingly. Just like he's seen it done on TV.

The pitch comes, and suddenly it's in slow motion. He can see the seams on the ball rotating. He can almost smell the ball as he swings. The bat glides across his hips and the plate. It all seems so simple, as a line drive bounces safely in the alley. He turns at first, saunters back, takes off his batting helmet and glove, and puts his foot on the bag, feeling it crunch beneath his foot. He may not know it, but his father is crying in the stands, and he has given himself a memory for life.

Young boys grow up and then grow old. They do their life's work and the game begins to fade away.

But every now and then, right around this time of year, they rummage through their closet and pull out a glove. Or maybe they go to the sporting goods store and buy one for themselves and one for their son or daughter. Then they sit  with their new glove that first night, showing their kid how to oil it up and put a ball in the pocket. And maybe it’s a family tradition to fold that oiled glove over a ball in the pocket and put that glove under your pillow.

And you smell the oil, and the rawhide, and you dream.

Just to hit the ball.
And touch them all.
A moment in sun.
It’s gone and you can kiss that one goodbye.


This is our favoutire post. 

Monday, March 24, 2025

WHERE WERE YOU?

UPDATE BELOW on the professionalism of our new Pentagon and Sec Of Defense 

By now you all have seen the White House memo weaponizing the Department of Justice to go after attorneys who oppose the DOJ and White House in court.  If not, click here. 

The threat is real. Lawyers and Courts represent perhaps the last line of defense against a president bent on destroying the Constitution. The President knows this which is why he is attacking law firms and pulling contracts from them and revoking security clearances of lawyers.  The  latest to buckle under the threat was the NY super firm of Paul Weiss which bowed down to the president on their knees and kissed his ring to secure hundreds of million of dollars in fees. The NY Times reported about the Vichy-French-like surrender here.  

The name Vidkun Quisling comes to mind. 

DOM covers it here as well. 

So what are you going to do? 

"Where were you when the Nazis came for your neighbors?" a generation of German children asked their parents. 

Now it is our time. 

"Where were you when the president threatened lawyers and judges as he dismantled the Constitution, ordered the arrest of those who opposed him, and sent them to prisons in El Salvador?"

If you do not think the El Salvador threat for lawyers and judges is not real, we bet you didn't think the president didn't have a chance to win, and if he won he wouldn't defund most of the government, shut down the department of education, defy federal judges, make universities bow to his will, and deport those who oppose him. 

UPDATE: 

As you know, we are all now much safer since the ridiculous Biden Sec of Defense Four-star General Lloyd Austin was replaced by a Fox TV host who beats women. Who would you rather have as a Secretary of Defense- a former general who devoted his life to the defense of this country, or a failed TV host with an alcohol and anger problem?  

The TV host duh! 

Which is why the NY Times is breaking the story Monday afternoon that our current Sec Of Defense texted on a Signal Group chat with journalists including the editor of the Atlantic that the US Military was planning strikes on Yemen  before they occurred last week. 

Yup, Let that sink in. The current "professionals" put the lives of US pilots at risk by texting an upcoming military strike in a group chat. 

Sec Of Defense: "Yo. Dude like OMG guess what we fixin to do? Launch F18s off a carrier to strike those simps in Yemen. Like Dude in like four hours. They won't know what him them LMFAO!"  

Random Journalist: "OMG No f'ing way dude! Like so f'ing cool. LMFAO when those bombs hit those dudes. Like can u tell me the coordinates and stuff?" 

MAGA! - via Signal group chats baby. 

Saturday, March 22, 2025

DOWN GOES FOREMAN

UPDATE: The White House threatened us, so like the law firm Paul Weiss (and Vichy France in 1940)  we capitulated and removed the prior post. Life under occupation 2025.  

In the 1970s three of the coolest guys on the planet were Muhammed Ali, Joe Frazier and George Foreman. Throw in Steve McQueen and Bruce Lee, and it's all 70's cool all the time. 

Ali, Fraser and Foreman were inextricably intertwined with each other. (This is still a legal blog in some ways). There would be no Ali without Frazier and Foreman, No Foreman without his destruction of the heavyweight Champ Joe Frazier. And no smokin Joe Frazier without his three epic battles with Ali. 

It started with Ali/Frazier at Madison Square Garden with the fight of century on March 8, 1971. Ali was the linear champion. He lost the title when he refused to be drafted. Joe Frazier was the actual champion but he knew he would never be recognized as such until he fought and beat Ali. 

There may never be a sporting event like this again in our lifetimes. Just about every celebrity in the world who was anyone was there as a spectator (Norman Mailer and Woody Allen), photographer (Frank Sinatra couldn't get a ticket so he got in as a photographer for Life Magazine), or announcer - the actor Bert Lancaster who had never called any sporting event before.

    Frazier beat Ali in a 15 round decision, dropping him with a sweet left hook in the 14th. 

    Meanwhile George Foreman was stalking them both. A glowering 6'4 and 230 pounds of menace and muscle, he was best known for waving the American Flag when he won the gold medal in the same 1968 Olympics that Juan Carlos and Tommie Smith gave a raised fist salute. 

    After Frazier beat Ali, Foreman was looming. He was beating every single opponent by knockout- usually in the first three rounds. He did not have a bout go past the eighth round when he finally met Joe Frazier on January 22, 1973, less than two years after Frazier beat Ali. 

Joe Frazier was the favourite. He was a relentless fighter who kept moving forward, bobbing and weaving to make his opponent miss while he measured him with sharp jabs to set up one of the best left hooks ever seen. Frazier was not just good. He was great. He still stands today as a top five heavyweight champion.  He had no quit in him. He had the heart of a lion. When he fought Ali in Manilla for their third match and was prevented by his corner from answering the bell in the 15th round, Ali fainted. He later said it was as close to death as he ever felt. 

Which puts into context two things. First the utter destruction of Joe Frazier by George Foreman when they met. Foreman knocked Frazier down SIX TIMES in two rounds- the first knock down famously recorded by Howard Cosell who shouted DOWN GOES FRAZIER DOWN GOES FRAZIER DOWN GOES FRAZIER. The knockdown of the heavyweight champion was that shocking and unexpected. The video is below. You just did not do to Joe Frazier what Foreman did to him. And that sets up for a discussion at another time Ali's shocking eighth round knockout of George Foreman with what we contend was the best right hand punch landed in the history of boxing. 

The three of them made each other the stars they were. Ali. Frazier. Foreman. None of them would have been who they were without the other two.  And Cosell calling their bouts made it that much better. And our thoughts about Howard we shall also save for another slow day. 

George Foreman went on to reinvent himself, winning the heavyweight championship as an aging and jolly 45-year-old and then becoming one of America's favourite pitchman with his George Foreman grill (we had one; who didn't?). 

George Foreman was a great champion. And here was his greatest moment. You just did not do to Joe Frazier- one of the greatest fighters in history- what Foreman did to him. Enjoy. And rest in peace Champ. 


Tuesday, March 18, 2025

Roberts

Wednesday update  

Justice Potter Stewart weighs in 

In 1967, in   Walker v. City of Birmingham, 388 U.S. 307 (1967)
involving the Rev. Dr. Martin Luther King Jr. and the claim that he and several colleagues were not entitled to test the constitutionality of a legally questionable court order barring them from demonstrating by marching in Birmingham, Ala.

 Justice Potter Stewart wrote for the majority: 
These precedents clearly put the petitioners on notice that they could not bypass orderly judicial review of the injunction before disobeying it. Any claim that they were entrapped or misled is wholly unfounded, a conclusion confirmed by evidence in the record showing that, when the petitioners deliberately violated the injunction, they expected to go to jail.

The rule of law that Alabama followed in this case reflects a belief that, in the fair administration of justice, no man can be judge in his own case, however exaltedhis station, however righteous his motives, and irrespective of his race, color, politics, or religion.  This Court cannot hold that the petitioners were constitutionally free to ignore all the procedures of the law and carry their battle to the streets. One may sympathize with the petitioners' impatient commitment to their cause. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom.

Affirmed.

Some of that bears repeating  

In the fair administration of justice, no man can be judge in his own case, however exalted his station, however righteous his motives.

Tuesday update 

You want to know how bad things are for the president? 

A federal judge just ordered the two astronauts returned to space! 

Rumpole update below. 

 For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose,” Roberts said.


Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed,” Chief Justice Roberts wrote. “Public officials certainly have a right to criticize the work of the judiciary, but they should be mindful that intemperance in their statements when it comes to judges may prompt dangerous reactions by others.”


Rumpole  is preoccupied. He asked me to post statements made by chief justice Roberts. The first is a statement made today in response to a statement made by the president that the DC Judge who ruled against him should be impeached. 


The second is a statement the chief judge made in 2018 in response to the same president criticizing a judge as “an Obama Judge”. 


Blog intern. 

Rumpole says: Make no mistake, the MAGA thugs know what they are doing in attacking every judge that rules against the President. It is a campaign of jack-boot intimidation designed to break the American concept of an independent judiciary. Don't let it work. Support those judges who come under attack from the right wing thugs who cannot win an argument on the merits and must resort to intimidation. 

Someday someone is going to ask you where you were and what you did when they tried to destroy the Republic by breaking the Constitution. What will you say? 


Saturday, March 15, 2025

A TALE OF TWO SPEECHES

 It was the best of times (April 1, 1940), and the worst of times (March 14, 2025). 

Two speeches to the Department of Justice in the Great Hall of Justice. 

The first speech was given by Robert Jackson on April 1, 1940. The chief prosecutor at the Neurenberg Germany war crimes trials. Jackson was also Attorney General of the United States before serving as a Supreme Court justice where he remains one of the best writers ever to serve on the Court. 

Jackson's April 1, 1940 speech was called The Federal Prosecutor. 

The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen’s friends interviewed. The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard. Or he may go on with a public trial. If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspended sentence, and after he is put away, as to whether he is a fit subject for parole. While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.

...

In times of fear or hysteria political, racial, religious, social, and economic groups, often from the best of motives, cry for the scalps of individuals or groups because they do not like their views. Particularly do we need to be dispassionate and courageous in those cases which deal with so-called “subversive activities.” They are dangerous to civil liberty because the prosecutor has no definite standards to determine what constitutes a “subversive activity,” such as we have for murder or larceny. Activities which seem benevolent and helpful to wage earners, persons on relief, or those who are disadvantaged in the struggle for existence may be regarded as “subversive” by those whose property interests might be burdened or affected thereby. Those who are in office are apt to regard as “subversive” the activities of any of those who would bring about a change of administration. Some of our soundest constitutional doctrines were once punished as subversive. We must not forget that it was not so long ago that both the term “Republican” and the term “Democrat” were epithets with sinister meaning to denote persons of radical tendencies that were “subversive” of the order of things then dominant.


And then we have the ignorant fool-thug who addressed the prosecutors at the Department of Justice last week, and in what is becoming a normal, tyrannical screed, cursed his predecessors and those who obtained multiple criminal indictments against him- and in one case a criminal conviction. He threatened lawyers who opposed him in court, and the lawyers who prosecuted him, and promised to see them punished for doing their jobs in the manner that Attorney General Jackson said they should.  And as he did this his Attorney General lackey stood by and nodded, calling the United States of America's Justice Department the justice department of our deranged president. She and the current director of the FBI are Quislings in the finest example of that derogatory term. 

It was the best of times. 

It is now the worst of times. 


Friday, March 14, 2025

Speedy Pi




Friday is Pi day. For the less mathematically inclined readers (or those who wear black robes at work) Pi is 3.14159  et. sequ. and Friday  is 3.14, so nerd out. 

Here is what we love about Pi. 

Pi is an irrational number, which means it cannot be exactly expressed. The ratio that produces Pi goes on and on, generating digits and never repeating a pattern nor ending -  like the new speedy trial rule in Florida. 

 Yes folks, unless you have been under a rock picking our your brackets, the Florida Supreme Court amended the Speedy Trial rule which now states that upon expiration of speedy trial the defendant may redeem their speedy trial expiration for a half price six-inch Subway sub at all participating Tallahassee Subway retailers. 

When speedy trial expires, nothing more occurs. When you move to discharge you will be sanctioned for filing a frivolous motion.  You must read Barker v. Wingo and be prepared to meet a constitutional speedy trial threshold. 

So not only is Pi an irrational number because it never ends, but so is the right to a speedy trial in Florida. It is theoretical and never ends. 

If you get a speedy trial discharge henceforth you will automatically vault to the top of the against all odds award potential recipient, since it will be against all odds (including Pi) to get a speedy trial discharge. 

Pi is the ratio between a circle's circumference and its diameter.  

Speedy trial is the relationship between the time arrested and the time a trial begins. 

Both cannot be definitively fixed in time or space. They are, in a sense, Einsteinian in nature. Relative to the ratio of the two fixed items. 

You can fix a circle's circumference. You can fix its diameter. But you cannot definitively fix the ratio of the two. 

You can fix the date your client was arrested. You can fix the date of the trial. You cannot determine if a speedy trial violation occurred no matter the lapse of time and distance between point A (date of arrest) and point B (date of trial). Like spacetime, there is a curvature to the distance between A and B that cannot be seen but can be proved. 

Pi is a transcendental number, meaning it cannot be the solution of an algebraic equation involving finite sums, integers, products and powers. 

Speedy trial is a transcendental number/time period, meaning it cannot be a fixed time period, the expiration of which will set into motion a series of events resulting in the dismissal of the case. 

Pi is....Speed trial is.....we could go on and on and on and on.....3.14159265358979323846. 

Enjoy your weekend, which unlike Pi and speedy trial, is not never-ending. 

Wednesday, March 12, 2025

RON GURALNICK HAS PASSED AWAY

 He was the best dressed lawyer in the REGJB and probably Miami. Immaculate suit that cost more than our monthly income when we started out. Not a hair out of place. A Louis Vuitton briefcase. Alligator or snake skinned boots. Always tan. A million dollar smile and cold defense attorney eyes. 

And he handled big cases. He was one of THE lawyers the drug defendants in the 1970s and 1980s went to see when they were in trouble. He looked the part. He acted the part. He was the part. The quintessential Miami criminal defense attorney when there was no other better place in the country to be a criminal defense attorney. 

His wife -Carol Ann Guralnick was every bit a lawyer and personality as he was. She parked her Porsche in front of the REGJB every day, preferring to pay the ticket than park in the lot. She hired an interior decorator for her small state office. 

They were a power couple for sure. 

He was a friend and colleague and lived a hell of a life. 

Rest in peace. 



 

Monday, March 10, 2025

DIET TIPS

 Ozempic is ok. 

Mounjaro is better. 

Want to really kill your appetite? 

This is best

Lunch with a judge 

Dear FACDL-Miami Members,

Join us for an exclusive Lunch with the Judges on Friday, March 14, at 1:00 PM at REACTED FOR SAFETY  Miami. This is a great opportunity to connect with fellow members and engage in meaningful discussions with Judges D’Angelo, Denaro, Stuzin, and Williams.

Event Details:

  Date: Friday, March 14

  Time: 1:00 PM

  Location: REDACTED FOR SAFETY 

We feel confident that if you have paid your dues and ask FACDL they will tell you wear they are meeting. Hint: Not a great place for vegetarians. 

THE OLD DAYS WHEN SCIENCE MATTERED 

We came across this old article. Written at a time when the world believed scientists, and not the madness of how we treat science now.

"effects may be considerable in a few centuries

And they did this without computer modeling. But it was a time when scientists were listened to. 



* see e.g., the madness of the secretary of health. Your child may be exposed to measles? They could die? Try vitamin A instead of a vaccine used for 60 plus years  (but he won't tell you his own kids were vaccinated against measles). 



Tuesday, March 04, 2025

CHESTERON'S FENCE

 There are razors in logical thought. The most famous is Occam's Razor- familiar to most of you (who do not wear black robes at work). 

G.K. Chesteron created Chesteron's Fence which states 

"Do Not Remove A Fence Until You Know Why It Was Erected."

Query: Just why do you think that Razor is applicable today (Judges do not need to answer). 

Who remembers School House Rock ? 

Here is a new one. Enjoy. 



We will be posting more content today as time allows. 

 

Friday, February 28, 2025

THE DAY AMERICAN EXCEPTIONALISM DIED

 Mark February 28, 2025 as the day American Exceptionalism died. 

The day the United States stopped being the bastion of freedom and democracy. 

The day the oppressed countries and peoples of the world learned that they can no longer look to the United States to stand up for them. 

It began with the battles of the Somme, Verdun, and the Ypres Salient. 

It continued on the beaches of Normandy and the frozen forests outside of Bastogne. 

It continued at the battle of the Chosin Reservoir Korea.

It continued in Berlin when President Kennedy said "So let me ask you as I close, to lift your eyes beyond the dangers of today, to the hopes of tomorrow, beyond the freedom merely of this city of Berlin, or your country of Germany, to the advance of freedom everywhere, beyond the wall to the day of peace with justice, beyond yourselves and ourselves to all mankind." 

It continued again in Berlin more than twenty years later when President Regan stood at the Berlin wall and said "Mr. Gorbachev tear down this wall." 

And it ended at 1600 Pennsylvania Avenue and the Oval Office today when the shameful conduct of the president and his vice president thug/henchman attacked and belittled The President of Ukraine who has stood firm and mostly alone against the Russian invasion of his nation.  

For on this day, a black mark in our history, the president of the United States sided with a dictator who ordered the invasion of a neighboring and peaceful country. The Russian army has committed genocide. They have lined up and shot innocent civilians and captured soldiers. And today the president of the United States sided with the dictator and against the country fighting for its freedom. 

Today America no longer is exceptional. Today is a day of dark shame. 


Wednesday, February 26, 2025

MAGA EXPLAINED

 



How's the price of eggs these days? 

How's crypto treating you? 

A child just died of Measles in Texas. The Measles. But vaccines don't work. Although I cannot recall hearing of anyone dying of measles in the United States in the 1970s 1980s 1990s 2000s 2010s. 

You know what they say " MAGA doesn't kill people. Measles from Joe Biden and Hillary Clinton and Hunter's laptop kills people."