THE CONSCIENCE OF A CONSERVATIVE

When in due course of human events a woman is faced with career choice that sets her values against her goals...

We are guided by the principle that all it takes for evil to prevail is for good people to remain silent and do nothing.

What should a talented lawyer/judge do when a person of such low values and intellect who occupies the highest office in the land offers them a career defining job like the US Attorney For the Southern District Of Florida?

Gaary Wills, writing in this month's Vanity Fair as one of a group of authors who are presidential historians, finishes his article on Trump thusly:

"People who have crawled to him are feeling the sickness of shame...More people must resign from office on principle. More people must explain why they refused his offers of government jobs. He degrades women. He degrades races and religions. He degrades us."

What would a person of high moral character, integrity, and intelligence like Judge Ariana Fajardo-Orshan  do as US Attorney? Would she enforce immigration policies that deport Dreamers- many of them young, Hispanic men and women who are good Americans in all but legal name only?  Would she follow the recommendations of Attorney General Sessions and seek maximum incarceration penalties for marijuana cases? Would she subvert the property rights of Americans by enforcing the new and draconian forfeiture laws that Sessions seeks to enforce? Can a conservative, knowing that the Philosopher Ayn Rand persuasively wrote that property rights are the foundation of all rights, seek to deprive citizens of their property based on the suspicious innuendo of the police state?

At the end of WWII, Dwight Eisenhower supported the prosecution of all Nazis to the end that two million Germans were prosecuted and one million were convicted of crimes associated with joining the Nazi party.  Eisenhower knew that National Socialism could not have succeeded without the cooperation of the middle class professionals. The college professors who took over from their jailed Jewish colleagues. The lawyers who prosecuted laws against Jews and the Judges who found the Jews guilty. The shop owners who refused to serve them, the business men who bought the Jewish businesses for pennies on the dollar when Jews were prohibited from owning businesses.
All of them profited from the turn of events of Germany in the 1930's. All of them turned a blind eye to the rantings of the Chancellor of Germany and accepted the professional and business opportunities their mad times dropped in their laps.

Will our next US Attorney lend her imprimatur to the xenophobic  policies of our President who seeks to ban people based on their race and religion? Will she seek fines designed to pay for a wall on the Mexican border?

Will any person of good conscience accept any job- Judge, prosecutor, government bureaucrat from a man who called the white-supremacist protesters in Charlotte "Good people"?

Turning down the offer of a dream job may hurt. But some day, when your daughter or granddaughter asks you "Mom, what did you do when Trump was trying to deport Dreamers, and called global warming a hoax, and demeaned women and gave hope to racists?"

Will you be able to hold your head up high and talk to your children and grandchildren about the higher call? What Senator John McCain reminded us is "Duty, Honor, Country?" The same Senator who as a POW refused to be released from the torture and beatings until all his men were released first. The same Senator our president who didn't serve his country  said wasn't a war hero because he was captured.

Or will you be unable to look at yourself in the mirror because you compromised your morals?

We all like to think that if we were on that bus with Rosa Parks we would have spoken up and said "Not today. Today Ms. Parks sits in the front next to me."

That we would have stood firm on the Freedom Bridge in the face of the dogs and the water cannons. That we would have sat at the lunch counter and demanded they serve our black brothers and sisters with us. That we would have gone to jail with Dr. King and countless others rather than back down to the racist police. That we would have stood outside the arena in Chicago in 1968 during the Democratic National Convention and suffered the beatings of police nightsticks while chanting "The whole world is watching."

Now is the time to make that stand.
No government can exist without the support of the governed.
Evil cannot exist without the silence and compliance of good people.

If you are offered the job of US Attorney Judge Ariana Fajardo-Orshan, don't take it. Don't compromise your ideals and morals.
Take a stand.
Be a hero.

Fight the power.

GRIECO DROPS OUT OF COMMISSIONER'S RACE

Former ASA, REGJB irregular Michael Grieco has formerly ended his re-election bid as a City Of Miami Beach (Motto: "Soon to be underwater and loving it.") Commissioner. 

With confirmed State and possible federal investigations swirling around the beleaguered pol, what do you make of this development? 

There are several different ways to view this. But far be it from us to engage in unwarranted speculation.

In 1972, Senator George McGovern, having locked up the Democratic nomination, was looking for a VP candidate. Nixon, appearing unbeatable, frightened most of the top politicians away. Kennedy said no. So did Senators Humphrey, Muskie, and our fav- Birch Bayh. Bahstahn Mayor Kevin White accepted, but Ken Galbraith kaboshed it, threatening to walk the entire Massachusetts delegation out of the convention if that occurred.  

Finally George M settled on Missouri Senator Thomas Francis Eagleton. Who was a good pick EXCEPT....for his treatments and hospitalizations for chronic depression by psychiatrists- which at the time was akin to being a closet communist/transgender devil worshipping porn lover- politically speaking. Of course today, pretty much every chambers at the REGB has a bottle of Wellbutrin or the like tucked away in it. 

Having named Eagleton, McGovern had to stand by him, until Eagleton withdrew and Sergeant Shriver tried to bring a little Camelot to the campaign. 

Our point being, (and we have gotten a little lost here) is that people withdraw from political races for a whole host of reasons- from infidelity (Gary Hart in 1988 - who BTW was McGovern's campaign manager in 1972), to health (Eagleton), to pending criminal investigation, to just being an obnoxious jerk who tweets x-rated pictures to underage girls(Anthony Weiner who Monday was sentenced to 21 months in prison). 

From Occupied America, fight the power and remember- not only commissioners can resign from public office. Presidents can too. 

Coming Next: The Conscience of a Conservative. 

DIARY OF A MAD PRESIDENT: STAND AND DELIVER EDITION

Dear Diary: 
Best week ever of greatest presidency ever.

Loving the Rocket Man quip. They loved me at the UN. It was so quiet during my speech, you could hear a pin drop. That's how much they loved it. None of that polite clapping junk. 

But this week is all about the National Anthem. I love being the president who defends the national anthem. Obama never did that. Neither did Bush. Or his brother the other Bush.

I know more about the first amendment than any lawyer alive. It doesn't cover free speech at work. When you're at work, you have to do what your boss says. Or...and this is my favorite...you're fired!

And that's all I was saying in my speech in Atlanta. When Benjamin Franklin was drafting the first amendment, he never meant it to be applied during work. You can say whatever you want when no one is listening. That's what free speech is. And, excuse me but kneeling isn't speech. It's a physical action, so duh! It's not speech and no first amendment. Otherwise, first amendment? Repeal and Replace!!

When our greatest general ever, George Patton was about to invade Japan, he gave a speech that what they were fighting for was for the young boys back home, on freshly cut fields of grass, about to play little league baseball and football and who were standing for the national anthem. That's what the invasion was about. And when some solider didn't agree, Patton SLAPPED HIM!

That's what I am talking about. NFL owners should slap those players who sit during the national anthem. Then fire them. 

What we need is more Patton and less...what ever is not Patton and that means less sitting during the national anthem. 

Memo to whoever is my chief of staff: After repeal and replace we need new law: Everyone must stand during the national anthem and if they sit they lose their health care and face a mandatory...five...no ten years in prison with NO PAROLE.  And then deportation to Mexico after paying a five ...no ten thousand fine to pay for the wall. 

I love this job! And I'm so damn good at it! 

DJT. 

REPEAL AND REPLACE

Breaking: Check out DOM's blog here that Judge Fajardo-Orshan, known to us as Ariana Fajardo- a former ASA and current Judge, is the new front-runner to be US Attorney in SDFLA. 

ITEM: On September 22, 1862 President Abraham Lincoln issued a preliminary emancipation proclamation order warning the South that he would issue a formal emancipation order for every slave in any state that did not end its rebellion by January 1, 1863. 

September 22, 2017. The White House. 
Kellyann Conway (KAC) and DT- POTUS 45. 

The Oval Office. 
Television:  "Next on Fox and Friends, the shocking proof that Hillary Clinton was not just on a Russian KGB* Agent's Payroll, but she may have had a not too secret affair with a Russian diplomat. Also, why cold winters mean global warming is a hoax. Fox and Friends- fair and balanced. Stay with us..."

DT (to himself) I knew it. On the payroll. And having sex. Gonna tweet this now "Lyin Hillary took cash from KGB. Lets see if bleedin Mika will mention this on Morning Joe?"

KAC (walks into room): Mr. President. Today the emancipation proclamation was issued...

DT: Repeal and Replace. 

KAC: No Mr. President, I don't think you understand..

DT: Did you just say 'No' to me? 

KAC: Yes Mr. President, but you're mistaken...

DT: Who won Florida, Georgia, Texas, Alabama, Wisconsin and California?

KAC: I'm not sure about California, but otherwise you did sir. 

DT: Who had the largest inauguration in the history of the world? 

KAC: You did sir. 

DT: And are you allowed to say 'no' to me? 

KAC: No sir, I'm not. 

DT: Very good. Now I know more about this emancipation thing then all the generals in Iraq, Korea, and West Germany. Here's what I want. Immediately. A statement from Spicer right now. Send him into the damned press room now...

KAC Sean doesn't work here anymore sir. 

DT: Do not interrupt me when I am setting policy. ..
Issue this immediately. 'The President is committed to the policy of repeal and replace all failed Obama administration policies. Today marks the shameful anniversary of the emancipation proclamation. I call on all Republican senators to repeal and replace this failed Obama policy immediately and send americans back to work, with the health care they deserve, in a cool climate.'

DT: Did you get all that? Issue it now!

KAC: But Mr. President...

DT: Kelly...don't say the N word again. You know I don't like it. 

KAC (downcast eyes): Yes Mr. President.  (Starts to walk out)

DT: One more thing. Fox has proof global warming is fake. please get that report for me ASAP.  

KAC:Yes sir. 


*The KGB doesn't exist anymore, but that doesn't stop Fox from speculating about the KGB and Clinton.

...THE BELL TOLLS FOR THEE

TIME PERIODS TOLLED ...film at 11.

Supreme Court of Florida

No. AOSC17-71

IN RE: EMERGENCY REQUEST TO EXTEND TIME PERIODS UNDER ALL FLORIDA RULES OF PROCEDURE FOR MIAMI-DADE COUNTY IN THE ELEVENTH JUDICIAL CIRCUIT

ADMINISTRATIVE ORDER

WHEREAS on Wednesday, September 6, 2017, through Friday, September 15, 2017, Hurricane Irma caused the closure of the courts in Miami-Dade County in the Eleventh Judicial Circuit; and

WHEREAS this emergency also may have temporarily impeded the ability of attorneys, litigants, witnesses, jurors, and others in the performance of their duties and obligations with respect to many legal processes throughout the State of Florida; and

WHEREAS it is the intent of this order to equitably relieve parties in all pending cases by extending legal time limits that they otherwise would have been unable to meet due to the emergency; and

WHEREAS it is the intent of this order to suspend the speedy trial procedure during the times stated herein in the manner described in Sullivan v. State, 913 So.

2d 762 (Fla. 5th DCA 2005), and State v. Hernandez, 617 So. 2d 1103 (Fla. 3rd

DCA 1993);

THEREFORE, pursuant to the administrative authority conferred upon me by article V, section 2, of the Florida Constitution and Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv),

IT IS ORDERED that:

1. In Miami-Dade County, all time limits prescribed or allowed by rule of procedure, court order, statutes applicable to court proceedings, or otherwise pertaining to court proceedings are extended from the close of business on Tuesday, September 5, 2017, until the close of business on Monday, September 18, 2017.
2. All time limits involving the speedy trial procedure, in criminal and juvenile court proceedings, are suspended from the close of business on Tuesday, September 5, 2017, until the close of business on Monday, September 18, 2017.
3. The extension of time periods under this order shall apply only when the last day of those periods falls within the time extended. The suspension of time limits under the speedy trial procedure restores additional days equal to the number stated herein.
4. This Court recognizes that there may be instances where, because of this emergency, these and other time limits applicable to matters in or outside

Miami-Dade County could not be met even upon application of the periods stated above. If such a claim is made, it shall be resolved by the court in which jurisdiction is vested on a case-by-case basis when a party demonstrates that the lack of compliance with requisite time periods was directly attributable to this emergency and that equitable remedy is required.

DONE AND ORDERED at Tallahassee, Florida, on September 19, 2017.

Chief Justice Jorge Labarga

ATTEST:

John A. Tomasino, Clerk of Court

END OF DAYS AND WITHER THE KEYS CASES?

The End Of Days? 

We have a false prophet speaking at the league of nations. 

Item: On Monday a massive earthquake struck Mexico City. In in 1985, on the exact same day, a massive earthquake struck Mexico City. 

Item: In the last two weeks, two Cat 5 hurricanes have struck the United States (Puerto Rico and the US Virgin Islands being part of the US). 

After he headed the Manhattan Project which successfully developed the atomic bomb, the physicist Robert Oppenheimer quoted the Bhagavad Gita and said "Now I have become death, the destroyer of worlds."

A thoughtful quote from a brilliant and thoughtful man. 

The President of the United States, traditionally (but no longer) the leader of the free world, had this quip when addressing the United Nations: He called the leader of North Korea "Rocket Man." An insult he has previously and churlishly hurled on Twitter. 
It may have caused Elton John to smile, but it certainly is clear that POTUS is neither thoughtful nor smart. No Robert Oppenheimer he. 


WHITER THE FLORIDA KEYS CASES?

All defendants who were in custody in Monroe County were moved to other facilities. Mostly in West Palm Beach. 
Query: Are these people in custody being given access to courts? What if they are entitled to a bond reduction? Are Keys Judges sitting? And if so, where? And if so, how does one schedule a case before them? 

We've received a few emails asking these questions, and for once, we don't have any answers. 

From occupied and battered Florida, enjoy the power that has been restored. 

CRIMINAL COURT SCHEDULE - WEEK OF 9/18/17

THE CAPTAIN REPORTS:

CRIMINAL COURT SCHEDULE FOR WEEK OF SEPTEMBER 18, 2017 .....

Administrative Judge of the Criminal Division, Judge Sayfie, has issued the following information as to what we can expect to take place at the GJB next week:

The cases from our Irma days will be reset as follows: 

1. The approximately 500 in custody arraignments that will be split between Monday 9/18 & Tuesday 9/19.  

2. All AC's will be set Monday 9/19. (we know, this must be a typo)

3. No inmates will be transported for your regular Monday 9/18 trial calendar. If you need an inmate for a speedy case then please let your individual CO know to transport the inmate for Tuesday. Please avoid this if possible because Tuesday's calendars will still be heavy with make-up arraignments.  

4. All trials set 9/11 or on any of the missed days will be set on Wednesday, 9/20 so you can address the trial status/date. Remember that no defendants will have notice. And in many cases the attorneys may not be aware either. These cases are printing so that you can reset them as you wish.  

5. All out of custody arraignments are being reset with time for notice, so likely 2 weeks from today or Monday.  

6. All other cases that were printing for other hearings that did not have future dates already will be printing during the first week of October. This will give you and the attorneys the opportunity to move the date to an earlier date if you wish.

 

Also, a reminder that the courthouse is Closed on Thursday, September 21, for the observance of Rosh Hashanah.

 

CAPTAIN OUT .....

Captain4Justice@gmail.com

 

RECOVERY

UPDATE 3: COURTS RE-OPENING MONDAY

FDC OPENS FOR CLIENT VISITATION SATURDAY


UPDATE #2 : STATE AND FEDERAL COURTS CLOSED THROUGH FRIDAY-POSSIBLE MONDAY OPEN.

Date line: Ritz Carlton, Washington DC. 
September 12, 2017. 

POWER: FPL says all east coast power restored by this Sunday. All power in West Miami to be restored by this Friday. The farther east you go, the more power lines are down and the longer it will take. 

COURTS:
SAO SUFFERS DAMAGE AND FLOODING:

Our intrepid state attorney is seeking temporary office space, as her office (part or all- it's not yet clear) is damaged/flooded. 

State courts remained closed on Wednesday AND WILL REMAIN CLOSED THROUGH THIS WEEK. But the REGJB also suffered flooding and damage so we think - highlight THINK state courts will not re-open this week. 

Federal court is also closed through the end of the week. Support personnel, including those who stamp "denied" on most motions, are being asked to report to work on Thursday if they are able.  refuses to confirm or deny if they will be open Wednesday: Their attitude is "you should know". We don't.

Monroe County Courts closed...indefinitely. 

OUR VIEW:
Here is our community's attitude: 
The Storm came. The rain came. The wind came. We all are in this together. We are damaged. We shall rebuild. We are all strong and resilient. 

We're going to use a legal phrase here: BULLSHIT!

Miami survived only by sheer luck (which we had discerned by analyzing weather patterns days before the storm, about which we told you about BEFORE supposedly expert forecasters did. See our last two posts). 

This community would have been destroyed beyond repair within a year if a Cat4+ had hit us directly. 

Our shelters were in disarray. Staff didn't show up, requiring police officers to run shelters, which took them from the streets where they needed to be. 

Our governor was (is, and continues to be) a moron. We watched (from the relative safety of our suite at the Ritz in DC, where we are rather well known) as on Friday night, the governor said during a state-wide televised press conference- and we quote "get out now!" 
Get out to where? Anyone in Miami on Friday would not have had enough gas to get to the Florida/Georgia border, and many of those who fled Miami, fled to....Naples, Sarasota, and Tampa. Enough said. 

We have heard of individual acts of altruism and that in many neighborhoods neighbors did in fact help their neighbors. But make no mistake, people in many depressed neighborhoods are suffering without food, water and power. It is almost impossible to sleep in 90 degree heat and no breeze, which is the type of weather that follows large storms. 

On an individual basis, police officers, fire rescue, nurses, surgeons, hospital staff and doctors all left their families to serve our community during the storm. For that we should all be thankful. The next time you see a police officer, thank him or her for serving during the run up and after the storm while you were getting supplies and taking care of your family and home. 

But our elected officials were bumbling fools. Moe, Larry, and Curly could have done a better job. The Mayor of Miami, during a press conference when he was taking criticism for the fact that shelters were not opened or were not staffed, felt it important to tell everyone his home was without power. As if that mattered. 

We survived this storm only because it missed us, not because our elected officials did their jobs in a competent matter. 

For the future, those of you who remained behind, consider this- during the next run up, do everything a week early. Board up your house before there are lines at Ace and Home Depot. Drive out of Florida before there are gas lines. Book tickets to fly to Uncle Ernie in Akron, before the flights fill up. 

If this storm has taught us anything, it has reminded us that they are very very powerful and deadly, and that we cannot rely on our officials to make wise decisions and run government in a manner that will assist us in a time of need. 

We are fortunate to have access to private travel and be able to afford a few weeks at a luxury hotel. Not everyone can do that. The key to surviving these storms, is the key to winning cases: prepare, prepare, prepare. 

Stay safe. We wish all of our dear readers a quick recovery with power restored. 

Your Humble srvt,
H. Rumpole, Blogger. 

RUMPOLE AND IRMA

Friends, colleagues, dear readers of our blog. There is nothing funny about the threat to our home town. 
Although we hold hope that this storm will not turn on a dime as predicted and head north, no matter how it goes we will get hit. 
Many of us will suffer. 
This is the time to think clearly. 
Be kind to neighbors and friends and strangers in need. 
Help each other and spread good karma and together we can overcome what none of us can individually. 

After the storm, we will be down for some time, pending internet and power. 
But we will be out in our community, a shovel or a saw in hand, helping those who need help. 

Think clearly. 
Act rationally. 
Don't panic. 
Be safe. 
You can always buy another TV, car, or house. 
Life is precious. 

We are thinking of you, friends. Be safe. 

Your humble blogger who has always known it was a privilege to have readers. 

See You In Court, sooner than you think. 

H. Rumpole, poor country lawyer. 

IRMA HURRICANE LIST

Update: This is an irreverent post. Please review the preceding post for some sad news about the tragic passing of attorney J.C. Dugue and leave your remembrances there if you wish.  

Courts  remain scheduled (which we pronounce as the King's english dictates, shed/ul/eld )for closure Thursday and Friday(Fed and State, unless you have something scheduled before Judges Martinez or Huck: a little wind and rain never caused them to continue anything). 
August marked the beginning of the employment of new PDs and ASAs. Many of whom are from out of town. This is their first hurricane. Here is our famous storm prep list   ( (c) Justice Building Blog, 2008, all rights reserved) along with some common sense Dos and Don'ts:

DO: go swimming only with a buddy;
DON'T: try and serve subpoenas on Miami Beach Police without a mask, fin and snorkel. To our friends on the Beach: see ya, wouldn't want to be ya. 

DO: Announce ready for trial today for all cases set for next two weeks.
DON'T:  Take your files home. If the PDs or ASA offices are wacked, you have proof of why you need a continuance. 

DO: Go to Publix at least once and rip a bottle of water out of a kid's hand. Also go to a gas station, wait on line, and then act puzzled at the credit card swipe screen until everyone behind you beeps. These are classic Miami hurricane activities that are a right of passage for new-comers.  
DON'T: Return any gun fire. You may hit an FPL worker hiding in the gas station cafe avoiding work. 

DO: Follow all tips from our Governor, including his directive not to mention "Global Warming" in emails.
DON'T: Evacuate to the Bahamas, or Houston. 

Breaking: POTUS 45 tweets Irma "FAKE NEWS" and blames "Obama/Clinton/Comey/Dems" for path of storm.

Hurricane Supplies: (in order of importance)
1: One Bottle Don Julio 1942 Tequilla
2: Three bottles of any: 2010 Opus One Napa Propriety Blend (in an emergency, the 2008 will do); Lewis Cab 2013, Napa Valley, Sequoia Grove Cabium, 2009, Napa Valley.
3: One gallon of water per person, per day.
5. One bag of organic apples.
6. One box Annie's Organic Granola bars, mixed.
7. One copy of Les Miserables, or The Grapes of Wrath, or 100 Years of Solitude by Gabriel Garcia Marquez, or either of 11/23/63 or IT by Stephen King, both of which are vastly superior to The Stand.
8. Box of candles and matches.
9. Limes (see 1, above).
10. One week supply toilet paper.
11. Battery powered radio. Gen Y'ers and Millennials take note: you cannot listen to radio on your phone when the internet is out. You must watch a you-tube video on the basic principles of operating a radio. You also cannot stock up on ice cream. Just trust us on this one. And Uber Eats, et.al., will not be available for a few days. So get some dry staples in the house. Google cereal and buy some.*
12. Oranges, grapes, pretzels, chips. 

Above all else, unlike POTUS45, use common sense and stay safe. 

Because we know that long-time and careful readers turn here first for the real, non-fake news they need to survive the storm, practice law, and collect a few fees along the way, we will be on the blog all Friday evening and Saturday until (and IF) the storm knocks us off the internet. As we hinted at yesterday, and the reports are indicating today, Irma is s..l..o..w..l..y moving east by north east and that is good news. 

From occupied America and storm threatened Florida, fight the wind and the rain and the power. 



* This is a true fact. General Foods is experiencing a drastic decrease in cereal consumption by people between 10-20. Apparently market research shows that millennials don't like to spend time on cleaning the bowl after eating cereal. 

J.C.DUGUE HAS PASSED AWAY

Long time Miami lawyer and REGJB regular J.C. Dugue, passed away suddenly on September 5, 2017 of a heart attack. 

Judge Glick wrote this in the comments section:
Just finished a trial with him. A fine lawyer, a true gentleman and always had a smile on his face. RIP.
S. Glick

And we received this wonderful comment as well:

EX Black Jack Dealer said...

This is sad and shocking news. Unfortunately the blog has become an obituary section lately. I first meet JC in early 1994 right after I became an attorney. We both worked at the old HRS ( now Dept of Children & Families) where I first meet him. We remained friends since then. JC has just come over from the SAO in Lee County. He was a good guy and almost always had a good cheerful demeanor who was very funny and almost like the life of the party if you knew him. I just worked a case with him as I brought him into a case with co-defendants. JC was the type of lawyer that was always willing to go the extra mile for his clients and financially speaking took the short end of the stick in terms of being paid for his work on many occasions and did not bitch or complain. He just did his work.

JC loved sports, particularly basketball, and really enjoyed his children. If anyone has any funeral or memorial service info please post it.

To all his friends and family, particularly his children, I send my condolences. Although his life was shorter than it should have been he lived a worthwhile and fulfilling life. RIP my friend. 

Wednesday, September 06, 2017 2:40:00 PM

We didn't know Mr. Dugue well, but a quick Google of his name showed a dedicated lawyer with some very nice victories under his belt. 

Please post your remembrances here.

SUBPOENA STANDOFF AND A HURRICANE SONG

UPDATE: STATE AND FEDERAL COURTS WILL BE CLOSED THURSDAY AND FRIDAY. 
ALSO UPDATED: THE SUBPOENA HEARING WILL BE WEDNESDAY AT 10:00 AM BEFORE JUDGE BARAKAT.
(We see something in the upper atmosphere of Canada which will move this storm away just far enough to brush us. You heard it here first.) 

More importantly than court's closing is the availability of Starbucks. We will keep you updated on those openings/closings.  

The City Of Miami Beach is not accepting subpoenas, otherwise validly served, for police officers for depositions on their day off. 

The statute below,  is unclear

The lawyer who has the issue (rhymes with Batalano) has a motion scheduled today (Monday) before Judge Barakat. Apparently in this case there are six officers with six different days off requiring the lawyer to set them on six different days, incurring six separate court reporter appearance fees. 
Such are the problems from which Solomonic Judicial wisdom appears. We shall see. 

48.031

 (4)(a) Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in subsection (1) or by delivery to a designated supervisory or administrative employee at the witness's place of employment if the agency head or highest ranking official at the witness's place of employment has designated such employee to accept such service. However, no such designated employee is required to accept service:

1. For a witness who is no longer employed by the agency at that place of employment;

2. If the witness is not scheduled to work prior to the date the witness is required to appear; or

3. If the appearance date is less than 5 days from the date of service.

The agency head or highest ranking official at the witness's place of employment may determine the days of the week and the hours that service may be made at the witness's place of employment

IRMA:

Before most of the ASAs and a few of our Judges were born, Miami had a long-time radio host named Mike Reineri.  Whenever a hurricane would threaten, Reineri would sing a little song "We don't want no hurricanes coming round here." And it worked all through the seventies and eighties, right up until Hurricane  Andrew. 

So take a moment today, pull your eyes away from Channel Seven's apocalyptic predictions- the stock videos of long lines at Home Depot, the empty shelves at Publix,  the fights at petrol stations, and close your eyes for a moment and sing a little song: "We don't want no hurricanes coming round here." 

And maybe, just maybe, if you watch Fox news and believe in the power of prayer....the President will resign!  

COURTHOUSE SHUTDOWN
Irma will be approaching Cuba on Friday, which we think is a good day to shut down the State and Federal Courts and give employees time to make final preparations. While we don't wish destruction on anyone, the mountains of Cuba could do lots of damage TO the storm, and lessen its impact wherever it makes landfall. 

While initial projections had it turning north and perhaps impacting the Carolinas, it now appears Irma could churn through the Florida Straits, brush Miami and the Keys, and hit the Gulf of Mexico and strengthen with the Gulf's warm waters (which, according to the White House has NOTHING to do with global warming, which is a Chinese fake-news fraud designed to ...never mind, it just gets weirder from here) and slam into Mexico or Texas. 

Nothing about Irma is good. Stand by; prepare; sing the song; read the blog; and hope for the best. 

It's gratifying to see that the City Of Miami Beach has taken our motto to heart and is fighting the (subpoena) power!

WHAT IS RUMPOLE READING?

And where is Rumpole eating? 
First, as we head into the last holiday weekend of the summer, we need to update our long time and careful readers on what the best legal blogger and social commentator in the nation is reading. 

"Dereliction Of Duty" by H.R. McMaster. When our current national security director was just a scholar/solider he undertook a doctoral thesis about the Vietnam war that because a fascinating book. Want to know how we stumbled into defeat in Vietnam? The politicians and the military didn't talk to each other and manipulated facts behind each others backs. 

"Giant of the Senate" by Al Franken because we read everything he writes and once again he doesn't disappoint. 

"The Force" by Don Winslow. A NYPD beach read for this weekend if you just want to tune out and drink some cerveza by the pool. (Tequilla for us). 

Have you read the Richard Stark novels? Crime noir 1960's including some cool Miami scenes. Pick up any of the series and enjoy. 

If you haven't read "Shattered" detailing the loss of HRC and the country to the current POTUS, now is the time to rip through the book this weekend and find out just how we came to be in this unfortunate situation and how Trump won. 
And because of that victory detailed in Shattered, we now have a situation where a  madman controls nuclear weapons in the Korean conflict (and Kim Jong-un is involved as well.)    

Where is Rumpole eating? 
The best new and exciting restaurant in the county is The Grey, in Savannah, Georgia, where the chef turned an abandoned (and segregated) bus station into a southern food wonderland. "Comeback sauce" can't be missed. Pork belly shows up everywhere, and where you least expect it, and the collard greens are smoked. Need we say more? 

Readers know that we often find ourselves in the Big Apple, and when in NYC we now find Rumpole dining (when he can pull himself away from the noddle shops that dot every corner) at Superiority Burger, where nothing on the menu is more than nine bucks (judges take note!), and the "megamouth" is our fav burger of the summer and is vegetarian to boot. In fact everything is vegie at Superiority and most can be made vegan!

Enjoy the last holiday weekend of the summer. Think of your country men and women suffering in Houston and the surrounding areas and donate to your fav charity. They need dry clothes desperately. And when you're done being charitable and altruistic, then remember you live in Occupied America and Fight the Power!

(and remember "boards don't hit back"). 

Hands down the coolest guy of the 1970s....Well, maybe him and Ali. And Noam Chomsky of course. 

"WE ONLY KILL BLACK PEOPLE"

Res Ipsa Loquitor

THE QUALITY OF MERCY

Rumpole's Trial Lessons: #12: Always have a good quote memorized. 

A good trial lawyer has a bag of quotes ready to go at a moment's notice. 

For example:

"Injustice anywhere is injustice everywhere." 

Dr. MLK. 

Today's topic is "Mercy". 

The quality of mercy is not strain'd,

It droppeth as the gentle rain from heaven

Upon the place beneath: it is twice blest;

It blesseth him that gives and him that takes:

'Tis mightiest in the mightiest: it becomes

The throned monarch better than his crown;

His sceptre shows the force of temporal power,

The attribute to awe and majesty,

Wherein doth sit the dread and fear of kings;

But mercy is above this sceptred sway;

It is enthroned in the hearts of kings,

It is an attribute to God himself;

And earthly power doth then show likest God's

When mercy seasons justice. Therefore, Jew,

Though justice be thy plea, consider this,

That, in the course of justice, none of us

Should see salvation: we do pray for mercy;

And that same prayer doth teach us all to render

The deeds of mercy. I have spoke thus much

To mitigate the justice of thy plea;

Which if thou follow, this strict court of Venice

Must needs give sentence 'gainst the merchant there.

Portia's Mercy Speech, The Merchant of Venice. 

We are in the position we are in today- in the area of criminal justice- because of the publicity driven and ill-advised political movement of the 1980's to abolish parole and remove sentencing discretion from judges. 

Shouldn't a 20 year old sentenced to life have the ability to have his sentence reviewed in 10, or 20, or 30 years? Some people can change. Prisoner's need some hope and some incentive to behave and rehabilitate. 

#Bringparoleback

From Occupied America, where the president is next considering pardoning* Ted Bundy and Stalin next, Fight the Power. 

* When asked about his pardon of the sadist Joe Arpaio, the current president referenced the "pardon of Chelsea Manning" by Obama and the unfair prosecution of Arpaio by the Obama administration and that Arpaio was innocent. 

Wrong. Wrong. And constitutionally wrong.

Obama "commuted" the sentence of Manning. She -like Scooter Libby who President Bush gave a commutation to- remains convicted of her crimes. 

The prosecutors who obtained the conviction of Arpaio were in the Justice Department under Jeff "Don't Fire Me" Sessions. 

According to the Supreme Court, a pardon requires the receiver of the pardon to admit guilt. 

 

THE DREAM AND THE nightmare

As many of you know, August 23, 1963 represents a turning point in American history. 
The date and the event also proves, once and for all, the power of words and ideas. It proves that words and ideas are more powerful than guns and hate. 
No one remembers the villains who caused this speech to be made. No one remembers the names of the racists sheriffs who turned on water cannons and let loose the dogs. No one remembers the names of the racists judges and the governors who turned a blind eye. 
But everyone remembers the name Dr. Martin Luther King, and his words, spoken so eloquently and passionately fifty-four years ago today, on August 23, 1963 : I HAVE A DREAM: 


"I still have a dream, a dream deeply rooted in the American dream – one day this nation will rise up and live up to its creed, "We hold these truths to be self evident: that all men are created equal." I have a dream..."

Dreams are sometimes interrupted by nightmares. But it is the dream that we remember. It is the dream that drives us and unites us and makes us a shining light for all the world. History remembers those who dream. Those who cause nightmares are destined for the ash pile of history. From Occupied America- DREAM. 

THE FIGHT

Being the pugilistic purists that we are, and expert historians of the sweet science (nobody but us knows who Tunney Morgan Hunascker is without googling the name) we don't think Mr. McGregor has a puncher's chance. Ernie Holmes he is not. 

Floyd Mayweather is not just a pro, and not just a champ, he is a top ten all time. At 49-0 her has tied the hallowed record of the real Rocky- Marciano, and at 50-0 he will surpass it. 

Figure Mayweather TKO rounds 9-11. 

From Las Vegas Nevada, fight! And fight the power.

LOOK AT THE ECLIPSE PART TWO

# Update below

The Eclipse continues to affect America and Americans, including one frustrated FBI agent as this order written by US District Court Judge Merryday illustrates in a very Judge"Milt Hirschish" way. 

Meanwhile, you thought our post the other day about President Trump telling people it was OK to look at the eclipse was a parody? Ahh...the truth is stranger than the presidency. See below.

Eclipse Order by Rumpole21 on Scribd

 

We told you the President said it was OK to look at the eclipse. At least he put his money where his eyes were:

And the NY Times reported on the story we broke, here- that the President looked at the eclipse and urged all americans to do the same. 

This blog knows more about the War in Afghanistan than the generals, and knows more about POTUS 45 than POTUS 45. 

Happy 10th Birthday to # (the hastag) in social media. We were one of the first to use #, as in #bestblogever. 

From Occupied America, where freedom is being eclipsed, Fight the blind power!

JUDGE RODRIGUEZ-CHOMAT HAS PASSED AWAY

Judge Rodriguez-Chomat, who spent about a decade on the bench at the REGJB has passed away. 

We didn't know him very well, but his reputation was one of a kind, caring, and decent man and dedicated Judge. 

Like so many of his colleagues on the Miami bench, Judge Rodriguez-Chomat's story is one of an immigrant from Cuba whose family came here seeking a better life. 


Here is the Herald obit, which recalled the contretemps that erupted when he gave a defendant thirty days for giving him the finger during bond hearings. Here's the well superbly written post in which we reported on the incident. 

The Funeral is Tuesday.

STARE AT THE ECLIPSE

And other sayings from our President. 

"Stare at the eclipse. Only Obama-care doctors say you can't watch the eclipse. People have been watching eclipses since they were walking with dinosaurs and you never hear any of them went blind.So stare at the eclipse and enjoy."

"Nazis are people too. Americans." 

"We spend all this money on nuclear weapons and don't use them. What good are they? Harry Truman used nuclear weapons. Great American Republican President. He had the right idea."

"Robert E. Lee was a Republican. So was Stonewall Jackson. That's why the Obama crowd wants to take down their statutes."

"Lincoln didn't believe in global warming. Neither did Patton. Neither do I."

"Exercise is bad for you." 

SAY HELLO TO JUDGES MANSFIELD AND FRANCIS .....

THE CAPTAIN REPORTS:

AND YOUR TWO NEW COUNTY COURT JUDGES ARE:

JOSEPH MANSFIELD, Age 52.  Joe has served as an ASA since 2001.  He fills the vacancy created by Judge Victoria del Pino who was elevated to the Circuit Court.

RENATHA FRANCIS, Age 39. She is currently with Shutts & Bowen. She was previously employed by the First DCA as an attorney to Judge Scott Makar, a staff attorney, and a law clerk to Judge Peter Webster. She fills the vacancy created when Judge Jason Dimitris was elevated to the Circuit Court.

CAPTAIN OUT .....
Captain4Justice@gmail.com

FIVE NEW JUDGES COMING TO A COURTROM NEAR YOU ......

THE CAPTAIN REPORTS:

AND YOUR NEXT CIRCUIT COURT JUDGE ......

Will be selected by Governor Rick Scott from among the below names. With the elevation of Judge Norma Lindsey to the 3^rd DCA and the retirement of Judge Gisela Cardonne Ely, there are two open seats on the Circuit Court. The Eleventh Circuit JNC has met and nominated a total of 12 names to the Governor - he will choose two of those as our next Circuit Court Judges.

Judge William Altfield
Alex Spicola Bokor
Judge Tanya Brinkley
Raul Cuervo
Judge Ivonne Cuesta
Ayana Harris
Carlos Lopez
Joseph Mansfield
Judge Spencer Multack
Laura Stuzin
Luis Perez-Medina
Judge Andrea Ricker Wolfson

AND YOUR NEXT COUNTY COURT JUDGE ....

Will be selected by Governor Scott from among the below names. With the elevation of County Court Judges Victoria del Pino and Jason Dimitris, there are two open seats on the County Court. Governor Scott has had 12 nominee names on his desk since June 16^th and he is expected to name two new Judges on Friday, August 11th, or at the latest by early next week.

Milena Abreu
Ramiro Areces
Karl S.H. Brown
Christina DiRaimondo
Renatha Francis
Peter Heller
Elijah Levitt
Joseph Mansfield
Luis Perez-Medina
Gordon Murray, Sr
Julie Harris Nelson
Steve Paulson

SO, YOU WANT TO BE A COUNTY COURT JUDGE .....

With the elevation of Judge Lourdes Simon to the Circuit Court, the JNC is now accepting applications for an open seat on the County Court. Please make sure to get your application filed before the deadline of August 24, 2017 to JNC Chair Luis Suarez, (lsuarez@bsfllp.com).

For those of you wanting to predict the five names that Governor Scott will choose, lay your money on any of the nominees that have been an ASA or AUSA or government paid lawyer. Just within the past eight weeks Governor Scott has continued his MO of appointing judges that are both young, and are former government employees. For example, since mid June he has appointed seven new judges including General Master and Judicial Hearing Officer Kristine Van Vorst, 40, to the Alachua County Court; Jamie Grosshans, 38, former ASA, to the Orange County Court; Judge Jennifer Gabbard, 45, former ASA, to the 13^th Judicial Circuit Court; Judge Charles Sniffen, 44, former ASA, to the 12^th Judicial Circuit Court; James Goodman Jr, 38, former ASA, to the 14^th Judicial Circuit Court; and Darren Farfante, 46, former Justice Dept attorney, to the 13^th Judicial Circuit Court.  Finally, was his recent appointment of Judge Lourdes Simon, a former Assistant Public Defender.

CAPTAIN OUT .....
Captain4Justice@gmail.com

REMEMBERING AN REGJB LEGEND

He was a US Marine. 
He fought in Korea at the infamous and hellish Chosin Reservoir battle against the Chinese in the brutal korean winter of 1950. 
He was a prolific author of pulp-fiction short stories. 
He knew his way around a bar and a courtroom and he had clients lining up top hire him. No checks please. Just cash. 
Every client was "a poor innocent child" upon which disaster had fallen. 
If he liked you, he added "darling" to your name when he saw you. 
Clients with multiple arrests while on bond were, to him, "a clear pattern of police harassment." 
His arms were often splayed out as he pled his case.
He tried at least a case a week for probably forty years, maybe more.  
He was an REGJB original and his likes will not again be seen in our building. 
He died today, August 7, in 2007 and it doesn't seem like he has been gone ten years. 
Rest in peace old friend Sy Gaer.

Here's the link to the great article about Sy by the former herald ace Susannah Nesmith. It's worth a second read. 

RUMPOLE AT REST

Talk amongst yourselves quietly and nicely.

From free Europe, where Global Warming is real, fight the heat and the power!

FAMILY COURTHOUSE (LAWSON COURTHOUSE CENTER) CLOSED TUESDAY AND WEDNESDAY

The Lawson Courthouse will remain closed Wednesday. Kindly continue reading. 

It rained in Miami this week. Which means, naturally, that one of our courthouses flooded. But it wasn't the asbestos addled  dinosaur at 73 West Flagler Street (Motto: "A support beam in every courtroom obstructing your view since 1935"), but one of our newer courthouses- the Family Law center where everyday divorces and domestic violence injunctions are bandied about like so much hoo-haa. 

So what does this mean for you, you may ask? 
Carry an umbrella, replies Rumpole. 
And read this email and govern yourself accordingly: 

The Lawson E. Thomas Courthouse Center, located at 175 NW 1st Avenue, was evacuated and closed on Tuesday afternoon, August 1st, due to flooding from a roof drain impacted by significant rain. The building will remain closed on Wednesday, August 2, 2017, for repairs.

All hearings scheduled for Wednesday, August 2nd, will be re-scheduled and parties will be notified accordingly.

What you may ask, could even be more bad news that that? Steady yourself.

The clerk's office on the 9th floor has ....REMOVED the copy machine. No soup for you. No copies of a-forms and discovery and such for you. 

But Rumpole, you may ask, doesn't this mean that the files will be available on-line? 

Surely you jest dear reader.  Stop reading fake news. The clerk's office just upgraded their dial-up modem for AOL, although it's still powered by a couple of gerbils on a wheel in a cage. And monitored by a guy named "Al". 

From Occupied America, where Miami Beach floods when it rains, but sea levels aren't rising, and the globe isn't warmer, and part of the Antarctic ice-shelf  didn't recently break away, carry and umbrella and Fight The Power!