JUDGE ALAN SCHWARTZ WAS A TREASURE

 

    We came across this case in our work on an esoteric issue. And as long time and careful readers of the blog know, we love a good Churchill quote. 

SCHWARTZ, ALAN R., Associate Judge.

As Churchill might have put it had he been considering the fascinating and monumental verities of Florida post-trial procedural law and practice rather than merely the prosaic question of Chinese politics, the result we reach in this case represents an incongruity arising out of an imbroglio and caused by an anomaly. The incongruity lies in the fact that the parties are required to undergo a new trial even though the plaintiff has now agreed to an order, secured by the defendant, and affirmed by us, which reduces his judgment as a condition of Avoiding such a trial. The anomaly is the peculiarity of the Florida law which permits a full appeal from an essentially interlocutory order only in the case of an order granting a new trial. The imbroglio occurred in this manner:

Mendelson v. Mendelson, 341 So. 2d 811, 812 (Fla. 2d DCA 1977)

TO THE MOON ALICE

 Churchill has been nipped!

 As a well-known anglophile, we are interested in all things WSC. Perhaps the most iconic image of the great man was taken by acclaimed portrait photographer Yousuf Karash, whose show of portraits of acclaimed figures was recently at UM and you could have caught Rumpole there if you were sharp. 

On December 30, 1941, as the war was going badly and Britan was barely hanging on, WSC visited Canada and addressed the Canadian Parliament. He was not prepared for the portrait and when told he had to sit for it, he glowered and told the young artist he had time for one shot. Karash, a young portrait photographer, was brash enough to tell the leader of the free world fighting fascism that he could not hold his beloved cigar. Churchill told him  to bugger off in so many words. Karash snatched the stogie and ran back to his camera and snaped the picture of Churchill glowering at him and the rest is history.   

The signed original hung in the landmark Fairmont hotel in Ottawa until recently, when it was discovered the portrait hanging was the not the original. It turns out from examining selfies on social media that the theft occurred around the end of 2021. 

TO THE MOON ALICE 

We are going back to the Moon. In 2025 we are going to land three astronauts on the moon. One will be a woman. One will be a person of color. The third will not be Rumpole. Not only are we going back to the Moon, but we are also going to land at the south pole, where ice and other valuable minerals are believed to exist. The poles of the Moon exits in perpetual darkness which makes landing and staying there much more difficult. But the existence of ice means water and hydrogen, which means fuel for a trip to Mars. The poles are the valuable parts of the Moon, which means China wants to establish a presence there as much as the US. Putin has threatened to invade once he's done with Ukraine. The poles of the Moon are the Big Kahuna in NASA speak. 

And today- Monday- the SLS rocket that will soon take humans to the Moon is being launched and tested in the Artemis 1 mission. The rocket will be launched and then within a day NASA will say something that it has not said for 50 years "GO FOR TLI" which all NASA nerds means "go for trans-lunar insertion" and Artemis will leave earth orbit for the Moon where it will spend six weeks in orbit. 

The most important test will be the heat shields on the Orion capsule, made of new material never tested in an actual re-entry, will be tested as the capsule comes into the atmosphere at 32 Mach and reaches temperatures of 5000 degrees Fahrenheit, or close to the temperature in Las Vegas around noon when we were there the other day. The re-entry with humans aboard in the future will not be as fast and as hot- but NASA is pushing the edge of the envelope to make sure the rocket and capsule are safe. 

Upon a safe launch and return, NASA in 2024 will send a crew to orbit the Moon, much like the famed Apollo 8 mission that saved 1968. We have written before about Apollo 8, and our view of the historic nature of the mission. It was the very first time humans had left earth orbit for inter-space travel- the future of our race. And it was the very first time humans orbited another celestial body. And it generated the most iconic picture of the Apollo era- Earth Rising. 

Things in space are about to get exciting again. It's about time. We are really excited about this. 

Now what about that "Alice" quote? A bunch of 30 something judges are sitting around their chambers wondering about that. That's because they led deprived childhoods. They were never exposed to the Great One- Jackie Gleeson. Here's a clip.  Of course, today it would never be allowed on television. It is not politically correct. 

THE GREATEST SPEECH EVER GIVEN

 There are very few times when one can point to words in a speech that made a difference. Coming in a strong but distant second place is Abraham Lincoln. His Gettysburg address, his second inaugural address, his letters to grieved mothers are words and letters and speeches that influenced history. The words were powerful, but they saved a county. Winston Spencer Churchill, Prime Minister of England, saved the western free world when he addressed parliament on June 4, 1940. 

The stage on June 4, 1940 was that England was alone and in deep trouble.  The British had 300,000 troops representing the bulk of their army trapped on the beaches of Dunkirk, France. Belgium had fallen to the Nazis. So had France and Poland. Europe was gone.  England, an island nation, was all that was left in Europe and England was facing invasion, starvation, and a German naval and submarine blockade. London was being bombed every night. The United States, under the laws of the neutrality act, could not and would not  help. "Lend lease'- the program that gave the British naval war ships and planes and ammunition was not yet in effect. England, nearly broke, had to pay cash for any supplies the US agreed to sell. And England and England alone had to see to the safe transfer of those supplies through the German naval blockade and submarine wolf-packs. 

It was when things were bleakest that Churchill addressed Parliament. Having become PM 24 days before, facing the loss of the British Army and constant nightly bombing, there was strong sentiment in his own party to sue for peace. Lord Halifax, often mentioned as candidate to replace Churchill as PM, part of Churchill's war cabinet, and a friend of the King, was pushing for Churchill to sue for peace with Hitler. Many in Churchill's party shared the same sentiment- the wounds of WWI still being fresh,  and facing the loss of most of the British army. The days from May 26 to June 6 1940 arguably represent the most challenging two weeks any leader of any country has ever faced. 

Left with nothing but his own words and power of speech, Churchill rose as PM to address parliament on June 4 1940. Churchill needed to warn the British public that France was going to fall, the English army was facing obliteration and a total loss AND that it did not matter and England would go on fighting. His audience was three fold. The British people, who he intended to inspire while preparing them for the worst; President Roosevelt and the politicians who favored isolationism who Churchill needed to convert into supporting England;  and Hitler, who Churchill needed to dissuade from deciding to invade England. 

As to Roosevelt and the isolationists, Churchill needed to let them know that England would never surrender. That any money, arms and ammunition lent to England would not be lost; that the British would fight to the last man AND even then would never surrender. Here is what he said: 

First he spoke to his own people, letting them know England had faced invasion before: 

Turning once again, and this time more generally, to the question of invasion, I would observe that there has never been a period in all these long centuries of which we boast when an absolute guarantee against invasion, still less against serious raids, could have been given to our people. In the days of Napoleon, of which I was speaking just now, the same wind which would have carried his transports across the Channel might have driven away the blockading fleet. There was always the chance, and it is that chance which has excited and befooled the imaginations of many Continental tyrants. Many are the tales that are told. We are assured that novel methods will be adopted, and when we see the originality of malice, the ingenuity of aggression, which our enemy displays, we may certainly prepare ourselves for every kind of novel stratagem and every kind of brutal and treacherous manœuvre. I think that no idea is so outlandish that it should not be considered and viewed with a searching, but at the same time, I hope, with a steady eye. We must never forget the solid assurances of sea power and those which belong to air power if it can be locally exercised.

Churchill had supreme confidence in the British fleet and was arguably the first British politician to recognize years before that air power would be decisive in the next war. Churchill had as strong belief in the ability of the RAF to defeat the Luftwaffe as he had in the English navy to defend his island. 

Next he began the theme of never surrendering even if England received no aid:

 I have, myself, full confidence that if all do their duty, if nothing is neglected, and if the best arrangements are made, as they are being made, we shall prove ourselves once more able to defend our island home, to ride out the storm of war, and to outlive the menace of tyranny,  if necessary for years, if necessary alone.

[you have to hear Churchill, slowing his speech down so Roosevelt and Hitler understood in no uncertain terms his resolve to fight for years...and to fight alone. These words are pure genius]: 

[repeat those words to yourself- "to ride out the storm of war, and to outlive the menace of tyranny, if necessary for years, if necessary alone." they are so very powerful.] 

 At any rate, that is what we are going to try to do. That is the resolve of His Majesty's Government – every man of them. That is the will of Parliament and the nation. The British Empire and the French Republic, linked together in their cause and in their need, will defend to the death their native soil, aiding each other like good comrades to the utmost of their strength.

And now, rising to the challenge of his words and his tasks ahead, Churchill brings poetry and his genius to the English  language- "mobilizing the English language and sending it into battle":  a phrase which was  attributed to Halifax in the movie Darkest Hours, but was most likely said by others and repeated by President Kennedy.   This  paragraph  of the speech arguably saved Western Civilization when it was on the brink of falling to Nazism. These words are some of the greatest ever spoken in the English language. Their importance cannot be overestimated. They rallied the English public and they rallied the world to the cause of freedom. Read them many times, as we do, and rejoice that there was a human being who could think and write and speak such words in one of the darkest hours of humanity: 

Even though large tracts of Europe and many old and famous States have fallen or may fall into the grip of the Gestapo and all the odious apparatus of Nazi rule, we shall not flag or fail. We shall go on to the end. We shall fight in France, we shall fight on the seas and oceans, we shall fight with growing confidence and growing strength in the air, we shall defend our island, whatever the cost may be. [Look at how Churchill interweaves being the underdog-  a small island nation - and yet having the strength and resolve to never give up "whatever the cost may be."] 

We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender, and if, which I do not for a moment believe, this island or a large part of it were subjugated and starving, then our Empire beyond the seas, armed and guarded by the British Fleet, would carry on the struggle, until, in God's good time, the New World, with all its power and might, steps forth to the rescue and the liberation of the old

That last sentence is overlooked for the genius of political speech that it is. Churchill, without ever naming the United States, is telling Roosevelt and the world that he trusts that the "New World"  (meaning the US) "with all it's power and might"  will step forth to rescue and liberate Europe. He is expressing faith in the US when the US itself did not have the faith and strength at that particular moment to save Europe "from the grip of the Gestapo and all the odious apparatus of the Nazi rule." 

Those words saved Western Civilization when the man and the moment met,  and Churchill who had such faith in his abilities, fulfilled what he always believed was his destiny ("We are all worms, but I believe I am a glow-worm.). 

It's the greatest speech ever given. There is no second place.

THREE STEPS FORWARD

 And two steps back....That is the clearest view of humanity's battle against the Covid 19 virus. We will prevail, but as the virus mutates, the battle will be longer and harder than we have admitted to ourselves. 

The two new vaccines, with a third on the way shortly,  are not the end of battle. They are not the beginning of the end.  British Prime Minister Winston Spencer Churchill said in a speech in November 1942 when the British defeated the Germans and General Rommel at El Alamein, that the victory was "not the end. It is not the beginning of the end. It is perhaps the end of the beginning."  Churchill was preparing the British public for a long war. A war he had neither flagged nor failed in believing his small island nation would win. But Churchill knew there were many more difficult days ahead.  England was still standing alone; bloodied, battered, but unbowed. 

Covid 19 is mutating and the mutations are negating some of the advantages of the vaccines. That is the bad news. The good news is that the virus cannot mutate indefinitely. The act of mutations will, in and of itself, burn the virus out. The additional good news is that the vaccines will stop most infections. When a person is not infected by an older strain of the virus, the virus loses a chance to find a host and mutate. When that happens enough, the virus dies. But until then, our enemy survives. The troubling variant, E4A4K, which is emerging in South Africa and Brazil, appears to bind easier to human receptor cells AND eludes the antibodies produced by natural infection or vaccines. 

So we have a long, hard battle ahead of us. And that brings us to the legions of robed readers, wandering empty halls of courthouses, their footsteps echoing off of walls and ceilings that used to absorb the noises of loud objections, thundering cross examinations, quiet and meek pleas for mercy, and bored jurors looking to get out of service. We imagine them staring wistfully at empty jury boxes and quietly humming "When will I see you again?" 

The answer is "not very soon your honor." 

We cannot and should not be opening the state courthouses in March when the CDC is predicting that the new and more virulent virus strains will be the dominant strains in the United States. We should not be opening the federal courthouse for jury trials in April. We need patience. We need  50%, 60%* and beyond of Floridians to have been vaccinated. We need  the R rate way below 1 and we need to see that the number of new infections state wide is less than a hundred a day. Only then, when the virus is on the ropes can we attack and win- the way new Commander Bernard Law Montgomery deceived (Operation Bertram)*  and out manoeuvred General Rommel until the time was right to press the attack (Operation Lightfoot). *

WWI ended at 11am on 11/11. At 10:59 am, US Solider Henry Gunther-bayonet fixed-  attacked a German machine gun emplacement and became the last American solider to die in the war.* No one wants to be the Henry Gunther of Covid when a vaccine and cure is right around the corner. 

* It is generally accepted that a herd immunity of +75% is needed to kill a virus and stop a pandemic. With Covid mutations diminishing the effectiveness of current vaccines, it is postulated that we will need a herd immunity of 85% to end Covid. So lets roll up our sleeves and get jabbed. 

* All warfare is based on deception. Sun Zu, the Art of War. In the weeks leading up to the final battle, the British scattered fake camps, fake tanks, fake ammo dumps with camouflage throughout the dessert in front of the German lines so as to confuse their enemy where they were and where the attack would occur. 

* When General Montgomery ordered the attack, the 24th Australian Brigade shelled the 15th Panzer division for a few minutes. Then, in a brilliant coordinated artillery attack, 1000 guns launched an attacked across a 40 mile front. Then Montgomery sent in four infantry divisions. The soldiers would not trip the anti-tank mines because they were not heavy enough. Artillery supported the infantry as engineers cleared the minefields and the infantry called in the coordinates. Then Montgomery sent a three pronged-pincer  attacked, with the 7th Armoured division and the Free French Brigade attacking the German lines from the South, while on the right flank the 44th 131st Infantry Division and 131st Infantry Brigade pressed the attack. The Germans fought hard and were disciplined. The mine fields were deeper than expected and took more time to clear.  

There is so much more to the second battle of El Almein and perhaps this fall, 78 years after the famous battle, we will write more about it. 

* Gunther's story is fascinating. A few months earlier, after he sent a dispiriting letter home criticizing the war, he was  demoted from sergeant to private as the letter was read by censors and his feelings were reported to his superiors. The demotion crushed him, and he spent the remaining months of the war trying to prove his loyalty. On the morning of November 11, the Germans knew of the pending armistice. It is unknown if Gunther's unit was aware the war was about to end. There are conflicting reports about what the Allies knew. When Gunther charged,  the Germans yelled at waved at him to go back. They fired shots over his head. Undeterred, Gunther continued his charge with his bayonet fixed, eventually forcing the Germans to open up with their machine gun and kill Gunther. 

IT IS NOT GIVEN

We are starting a list of companies whose products we will NOT purchase because of their idiotic advertisements promoting "no contact" delivery. 

Dominos Pizza (as if we would ever eat cardboard anyway).
Casper Mattresses 
Auto Nation vehicles. 
To be continued....
(Please feel free to add those commercials you have seen. Enough is enough!). 


Thought for this crisis: 

"It is not given to human beings-
happily for them, for otherwise life would be intolerable-
to foresee or predict to any large extent 
the unfolding course of events..."

Prime Minister Winston Spencer Churchill, eulogy for Prime Minister Neville Chamberlin, 12 November, 1940. 

And here's something you do not see every day: A woman doing a bit of shopping with her Alpaca Comfort animal (and no, that is not rumpole in the picture, so relax.)