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, March 03, 2017

A WIN FOR THE CONSTITUTION AND THE POWER TO DREAM

Judge Milton Hirsch granted a habeas petition today, striking down the cowardly Miami-Dade policy of letting the federal government bully the county and the dade county jail into holding people in jail, although their case is over, while the feds decide if they want to deport them.

Seems like the feds have a point... "bad hombres" and all that running wild.But there's this little, tiny, insy-winsy thing called the Tenth Amendment. And here is what Judge Hirsch had to say about that:

"No doubt the limitations imposed by the tenth amendment, like so many limitations imposed by the Constitution, are a source of frustration to those who dream of wielding power in unprecedented ways or to unprecedented degrees. But America was not made for those who dream of power. America was made for those with the power to dream."

Here is the entire order for President Bannon Trump to peruse. He could ask the attorney general to take a gander, but he is otherwise occupado for a while on other matters.


Well done Judge Hirsch, Well done indeed.

Lacroix Habeas Order by Anonymous espiON9E on Scribd





From Occupied America...Fight the Power, which Judge Hirsch did so admirably today.

DIARIES OF A MAD PRESIDENT'S AIDES

Steve Bannon

Dear Diary...
Being President  a presidential aide is awesome.
Dinner last night with Sergey Kislyak Russian Ambassador. All is going according to plan. The leaks are working.  Sessions will be gone by March. So will Spicer and Kushner. Then it will be just me and Don...like it should be and like I always wanted. We can run this thing together. I write- he speaks-Fox reports- we rule.

Quick meeting with legal counsel. Lincoln suspended right of habeas corpus and first amendment- no reason we can't suspend elections in 2020. Just for ten years or so. Then all my plans will be in cement.

Stephen  Miller

Dear Diary...

The White House and DC have kept me pretty busy, but I did finish Heinrich Himmler's auto-biography. People keep giving it to me, saying the book reminded them of me. Puzzling. But anyway, I've gotten fantastic reviews from the boss about my statements about presidential power. The power of the president is supreme and will not be questioned! It's my screen saver and every morning when I bring coffee to POTUS in the oval, I say that and he gives me a biiig smile.  Then I shine his shoes, and then I go to my work station where I email and tweet and snap-chat "the power of the president is supreme and will not be questioned!" It's a living.

Jared Kushner

Dear Diary...

Oy.  Oy. What have I done? What have I done?
Nobody thought....I mean...nobody ever really believed that he could...and then...but now....Oy.
I gotta get Ivanka and the kids and get the hell out of here.

Other than Bannon, I've got things under control. Sort of. Bannon is an issue. And Miller reminds me of Himmler. I can see him rounding people up for camps...that whole "The power of the president is supreme and will not be questioned" freaked me out. But Miller can be controlled..POTUS can't. I keep giving him his phone and getting him riled up by turning on Morning Joe  and then he tweets but then Miller and Bannon come running in and grab his phone. Tweeting is the sure way to get this mad-man impeached. All he really wants is to sit in his tower in NYC and get on cable news. He hates DC. I can save the world and get him back home if I can just get Bannon and Miller away from Potus for a week. That's why this trip to Russia is just the thing. Pence, Bannon and Miller go, and POTUS and I stay in the WH. One week...that's all I need.

Wednesday, March 01, 2017

17 AND COUNTING

It's not "Hey 19",* but 17 ASA's and counting have left the SAO in the new year.
A careful reader of the blog suggests this is the SAO's response to the exodus:



The story of the Exodus

And someone said to the State Attorney...Let my people go.  (It's such a good line. Every spring around passover we use it at least once during a bond hearing). 

But the State Attorney's heart was hardened and should would not let the people go (before the expiration of their three year commitment...)


And Moses came down to deliver them out of the hand of the Egyptians, and to bring them up out of that land unto a good land and a large, unto a land flowing with milk and honey...
To be continued...
In our next episode of The Exodus, the people are freed from bondage...but the State Attorney changes her mind...
What will happen? Will anyone be chased? Who will part Biscayne Bay? 

From Occupied America...Fight the Power!!
*Steely Dan is an American Jazz-Rock band founded in 1972, disbanded in 1981, and reunited in 1993.  Their music was played on AM and progressive FM radio stations, and their music could be purchased on Albums, which were spherical disks that needed a corresponding player-machine with a needle to play the music. In college, an individual's "coolness" was measured by the size of their speakers which played the music from the player-machine via wires which connected the machine to the speakers.  

Tuesday, February 28, 2017

DIARY OF A MAD PRESIDENT STATE OF THE TRUMP EDITION

Dear Diary... big speech tonight. Thought it was a state of the union address and then was informed that it is too soon for me to give one. So Speaker Ryan, that little twerp, just invited me to address congress. It is a congressional address, not a state of the union address. I'm very upset about this. 

....

Dear Diary, just blew off some steam. Fired some white house maids I caught speaking spanish. No more espanol en la casa blanca I say. 
I was thinking about the state of the union. I hate unions. They're job killers. I am a job creator. So I'm going to give a state of the Trump speech. The speech should be about me, That's what people care about. How many people were at my inauguration. How many electoral votes I won (ALL OF EM!). How high are my poll numbers- through the roof. It is the best month in any presidency ever. 

A few final thoughts. I smell a rat behind this state of the union business. A big-eared, born in Kenya, non-american, muslim Barak Hussein Obama rat. And I'm gonna get even with him. Obama care will become Trump-Insurance. I going to erase his name from the history channel. 
Tried to fire the limo driver. Caught him making Taco-Bell runs for the secret service guys. Mucho Bigo-problemo with these hombres. 

Enemies list. Obama. Kenya. Ryan. Wisconsin. Mexican maids. Those supreme court justices not coming to my speech. CNN. The Golf channel. The archdiocese of Newark, New Jersey. NATO. Holland. Taco Bell. 
The Yellow Pages. Candle-Pin bowling. That roller coaster at Coney Island. The Bee-Gees. ABBA. Little Anthony and the Imperials. Chicken Kitchen- they screw up my order one more time and put onions on my chicky-chop and the CIA is going to hot wire their soda machines to make everything taste like Dr. Pepper, which is really so misunderstood. California- go ahead- try and secede- make my day. 


Monday, February 27, 2017

THE SAO: TWO VIEWS

We received two comments with two different views on the SAO under State Attorney Katherine Fernandez-Rundle.

Here they are for your consideration:

 Anonymous said... It is such a tired line the worship of Reno and the hatred of KFR. Reno was a great person and we have not had an AG Since with her integrity. That said, Reno was the State Attorney when crime was totally out of control in this city. There were double the number of murders and robberies that there are today. German Tourists were being killed regularly by armed robbers. Kathy has been SA during one of the greatest drops in crime and has done many innovative things such as setting up states first human trafficking unit, insurance fraud unit. She disbanded the narcotics unit and increased the staffing of the career criminal unit. All the while Rick Scott destroying her ability to retain staff by giving no raises for 8 years and cutting all employees pay by 3 percent. Not saying she or that office are perfect but all you whiners go defend a case up in Broward and try to reason with one of the robots employed by that office and you will realize it could be much much worse.
 Friday, February 24, 2017 7:20:00 PM 

 And

Anonymous said... Most of the ASAs forced to attend this ego-driven event sat seething for two hours, as speaker after speaker reminded us of the wonderfulness of all that is her. It was regarded as an unnecessary imposition, not a pleasure. When the rabbi finally gave the ending benediction, the ex-judge celebrity who served as MC decided it was appropriate at that point to add another 10 minutes of her remarks. The capper was that absolutely NO thought was given to what was ostensibly the purpose of the gathering, i.e., for the ASA's to be sworn in and have their oath signed by one of the several judges present. Rather than prearrange and announce that the judges array themselves in an organized manner so everyone could line up and do this quickly and easily, a mad crush ensued as ASAs scrambled to get out of there so they could then get into the fun of downtown rush hour traffic. A good time was had by none. The comparisons made to Ms. Reno only reminded us that she would've never staged such an event.
 Saturday, February 25, 2017 6:05:00 AM

We report. You decide.

From Occupied America...Fight the Power!

Saturday, February 25, 2017

DIARY OF A MAD PRESIDENT 2 25 2017

Dear Diary...
It's been a good week. An amazing week. No one has ever seen a week like this in the presidency. BUT...there are some nagging little things I need to take care of next week. 

First, fire this National Security Advisor guy. He got good press. Smart. Capable. It's rubbing me the wrong way. Where was he when I banned muslims from entering the country? Not here. Where was he when I signed the order deporting Arizona? Not here. Those are the real accomplishments of this presidency and what the fake press should be writing. He's gone. Ralph, the head doorman at Trump Tower handled the security for my lobby for ten years. No crazies ever got in. National security. Lobby security. What's the diff? Ralph is my new guy. He knows not to talk to the press and he's already got the uniform with the big hat. It will add some class to this place. 

Second, I have a Jewish problem. I'm not the first world leader to have one. But I've got one...and I need a solution. 
What is it with these people? Every Sunday night Jared has tons of Chinese Food being delivered to the white house. Chinese food? That has to stop. China is manipulating it's currency. Doesn't look American if I'm seen eating sushi and chopped suey. 

It's always the food with these people. And when they're not eating, they're complaining. The service is slow. The bill is too high. The room is too hot..then the room is too cold. Bomb threats at their schools. Some reporter asked me about what I was going to do about this. Don't they know I got the most electoral votes ever? More than Ben Franklin even. Jews must have been some of those electoral votes. I mean don't tell me New York City doesn't have electoral votes. The place is crawling with Chinese restaurants and you can't get near one on Sunday night and that means...well you get the picture. 

Good news Diary. I've fixed the Ivanka problem with Nordstroms. We've opened a beautiful store in the east wing. 3800 square feet of all of her merchandise Nordstroms canned. We had to clear out the situation room for this. But who needs that? There are no situations. Only solutions. John Lennon. Beatles. Real American. Anyway, the tourists will be routed from the Oval Office into Ivanka's store- like when the kids get off the rides at Disney and are dumped into a merchandise store. 

Ivanka's East Wing. It's a beautiful store. An amazing store. No one has ever seen anything like it in the white house before. Best store ever. Best Presidency ever. 

Enemies list. Real quick. Not much time. Tee time today at 11. 
First Amendment. Girl Scouts- those cookies are made in china. Congress. Wo-Hops in Manhattan. Got a delivery bill for 800 bucks. Some nerve. The Vatican. Japan. AP. UPI. Polls. 

That's it for now. 

Oh.. one more thing. Love those girls who took out the North Korean guy at the airport by spraying nerve gas in his face. Brillant. Winners. We need those gals. We don't win anymore like they do. That's going to change. 

I love being President. 

Friday, February 24, 2017

JUDGE SOTO RE-ELECTED

Judge Soto was re-elected this week by her colleagues to serve as head-honcho for a third term.

She ran unopposed.

The White House had this to say:

"While we congratulate Judge Soto on being reelected as chief Judge of the 11th Judicial Circuit in the sanctuary city of Miami Dade County, we remind everyone that her margin of victory was not as big as President Trump's. She didn't run in all 50 states. President Trump got more popular votes than Judge Soto in the United States, in Florida, in South Florida, in Miami-Dade county, and even in Hialeah. We look forward to working with Judge Soto in deporting some seriously bad dudes and President Trump will be happy to meet Judge Soto when Miami's portion of the Wall with Mexico is built."


From Occupied America...fight the power!


Thursday, February 23, 2017

STATE ATTORNEY INVESTITURE TODAY!

It's not a Trump-ian inauguration, and we are sure that Kathy Fernandez-Rundle will not obsess over the size of the turnout, but today is the swearing in of our State Attorney, and all of her assistant state attorneys. 

So if you want to respond when the padre says "whoever objects, speak now or forever hold your peace" this would be the time to do so. 

Here are parts of her speech that we would offer, gratis, for her to use:

"I stand here today in ths shadow of giants. Richard Gerstein, who trained a generation of lawyers who shaped this community and who had the good sense to recommend Janet Reno as his replacement. And of course Janet Reno, who instilled in the next generation of lawyers one simple ethic that applies to any age and any time: Do right. Go where the evidence leads you regardless of the political consequences, and never ever prosecute a person who MAY be innocent....

"Reno and Gerstein planted acorns, that grew into oak trees and you- the members of this great office, stand in the shadow of those great trees. Never forget that you have a lifetime to create your reputation, and just a few seconds to ruin it. Your opponents may mislead you, but you can never mislead them. Judges may dismiss your arguments, but you can never dismiss them. Police and witnesses may not respect you, but you can never disrespect them. In short, you have the toughest job in the legal system. And the best. ...

"Your simple mandate is a holy one in our society. Go do justice. That often means winning, but sometimes means losing. But you don't lose when you dismiss a case or reduce charges or a jury votes not guilty. You still win, because those outcomes could have never occurred without you doing your job. 

"I leave you with this. You are here because I trust you. You are here because this community needs you. And you are here because you care. Never stop caring, and I will never stop believing in you. Now go and do justice."






Wednesday, February 22, 2017

SCORECARD

As any long-suffering Cubs fan occupying chambers on the second floor of the REGJB would tell you, you can't tell the players without a scorecard. 

It's that time of year again, when a new judge's fancy turns to dreams of.... "Judge ___of the Third District Court of Appeals...." "Justice ___Of the Florida Supreme Court..." ... 
"President Trump is pleased to announce he has chosen Judge ____from Miami-Dade County to replace Judge Ruth Bader Ginsberg who mysteriously disappeared after a dinner in Berlin with Russian Prime Minister Alexander Putin...."


2017 Investiture Dates


Alexander S. Bokor (County Court)
February 24, 2017


Mark Blumstein (Circuit Court)
March 9, 2017


David H. Young (Circuit Court)
March 10, 2017


Victoria del Pino (Circuit Court)
March 24, 2017


Oscar Rodriguez-Fonts (Circuit Court)
April 20, 2017


Linda Diaz (County Court) [formerly Linda Luce]
April 21, 2017


Marcia Del Rey (Circuit Court)
April 28, 2017

Tuesday, February 21, 2017

CAPTION CONTEST

AND THE WINNER OF THE CAPTION CONTEST IS.... (drumroll)

Anonymous Anonymous said...

Ok. So, tomorrow we block off 
both up AND down. He He He.

Tuesday, February 21, 2017 
5:02:00 
PM
 Delete

A riddle: How do you know it's Monday in the good ol REGJB? 

Answer: They are fixing the escalators!

Except it's Tuesday- but Monday court's are closed. 

Caption contest: Add caption to picture:



We'll start:
"Fred, I still can't understand Robert's reasoning upholding ObamaCare.



Saturday, February 18, 2017

DIARY OF A MAD PRESIDENT MAR-A-LAGO EDITION

Dear Diary--- just a quick update for Sunday morning. Gave a small speech yesterday. Said "Look what's just happened in Sweden today." because of all the non-vetted refugees/terrorists they let in. Swedes quickly responded on twitter and fake media that nothing bad happened. 
Fake media not reporting news. Fake country. 
Add to enemies list: Sweden. Ikea. Cheap furniture. Takes away american jobs. Memo to self to send in Natl Guard and take that Ikea stuff and sell it at Sears. 
Memo to White House chef: "Pepe, please remove Swedish meatballs from menu. Keep those american burgers coming.DJT."
Memo to Ivanka- no more Dancing Queen.ABBA is verbotten at mein Vhite House. I love the whole German accent thing. Freaks out her pipsqueak husband Jared. Back to Sweden- Memo to Natl Sec Advisor (as soon as one agrees to job) "Shoot a few cruise missiles across Sweden. Patton did it and it worked for him.DJT."

Dear Diary...
Another weekend at Mar-A-Lago, the only $200,000.00 members only winter White House.What an amazing winter White House. Fantastic. Nobody has ever seen a winter White House as tremendous as this one. 
Obama took all those days golfing and flying who knows where and doing who knows what and it cost so much money and this is completely different because...uh...never mind. 

Benjy Netanyahoo- what a name. To be the Prez of Israel and named after a website. So cool. Maybe Google can be changed to Trump? People would say "I'm going to Trump when the next Super Bowl is" or "I'm going to Trump grabbing college freshmen women by the p...." Never mind. Memo to self: Leave Google be. 

Enemies list. Fake news media. CNN. Failing NY Times. NBC. ABC. CBS. ESPN (bring back USFL!!). BBC. Foreign Fake News media. Has a nice ring to it. Memo: Prez of Mexico has 49% stake in NY Times and CNN. I heard that on Breitbart and Fox. 
That guy who turned down the National security advisor job. And that other guy who did too. And that third guy who turned it down as well. New Mexico. Any state with name of Mexico in it can't be a Trump state. 
NATO. Failed. Old. Hitler used NATO to invade London. Historical fact. Maybe its time we and Russia got rid of NATO. If you change the letters in NATO to M  E  X  I  C O you get Mexico. Media never reports that.  

Hillary Clinton got no electoral votes. I won them all. Even Reagan didn't do that. He lost like four votes in Milwaukee to Kennedy or someone. Media doesn't report that. Woops...fake media doesn't report that. 

I agree we need theme for week. This week: enemies of the state: Media. Failing NY Times. National Security Counsel is enemy of people. A job loser. Did Patton have a National Security Advisor when he invaded Korea? No. I don't need one either. 

I love the Constitution. I love the bill of rights. All those rights, and we got a bill for it which we paid because back then we didn't have a deficit. We're going to bring that back. Rights. Wonderful rights. Tremendous rights. People are saying they've never seen anything like the rights we are bringing back. 

Amazing. Best Presidency. Ever. People are saying they've never seen a presidency like this. The OshKoshByJosh-National Enquirer national poll has me at 93% winning. I'm a winner. Amazing poll. Tremendous. People are saying they've never seen a poll like that. 

Final thoughts. Shutting down border with Canada. Saw a briefing. Thousands of jobs being lost to Alaska. Can't have that. Jobs need to stay in America. 

Gonna bomb John McCain with a stealth B-99 Bomber. The same one Patton used to drive the Italians out of Australia. 

I love being president. 


Thursday, February 16, 2017

TAKES ONE TO KNOW ONE

45 says the issue of former Natl Sec advisor Flynn resigning is due to conspiracy theories. 



Conspiracy theorist? Takes one to know one.


Obama's  birth certificate is a fraud. 
Obama registered as a "foreign student". 
News. 

Wiretaps showing the national security advisor illegally negotiated with a foreign government during the administration of a prior president= Fake News/ conspiracy theories. 

President Trump: "The leaks are illegal."
Candidate Trump: "I love Wikileaks"

Up is down. 
White is black. 
Truths are lies. 
Lies are true. 

From Occupied America...Fight the Power!

Wednesday, February 15, 2017

A CRISIS OF CONFIDENCE?

White House in crisis? 

How about the SAO in crisis? 

We received this comment:
Anonymous Anonymous said...
Morale at the office is at an all-time low. So many people have dropped papers that almost no one with experience is left to replace the open positions. At some point, this is going to mean that an important case is mishandled because really how can you expect ASAs who've been at the office barely 3-4 years to handle serious cases? And why is everyone leaving? Shit pay, zero appreciation, nonsensical administration, and a State Attorney who is so far removed from actual office and court life that she thinks the biggest problem in the office is the dress code. Money could be better distributed. The office could be better organized. But that would require a better leader. Leaving the office will be bittersweet but necessary.
Tuesday, February 14, 2017 11:37:00 PM


What we want is to hear from the other side. A spirited defense of the Miami SAO, once the premier state prosecuting office in the nation. Lets hear from those prosecutors who want to say all is well, morale is great, and things couldn't be better. 

Let's get to the bottom of this. Is there an internal crisis of confidence at the SAO or not? 

From Occupied America...Fight the Power!

Tuesday, February 14, 2017

THE I WORD 1.0

So much to blog about. 

There's the transcript of the phone call between Obama and Trump to be detailed in our "Phone calls of a Mad President" - a snippet: 
Obama: "Bro, you can't be reading documents about a North Korea missile launch in an open restaurant by the light of your aides cell phone light apps. You need a secure room."
Trump: "You're not letting Michelle shop at Nordstroms are you?"

But lets stick with current events. 
Gen Flynn, National Security Director resigned Monday night, a few hours after 45's shill: KellyAnne Myway expressed that 45 had "complete confidence" in his NS director. 
Moral of the story: Don't F with the Vice President. Every administration has one center of power you can't mess with. Bush 43 had Cheney.  Bush 41 and Reagan had James Baker. Obama had himself, the VP, and Valerie Jarrett.
Flynn lied to the Veep and now he's out. 

The question is : What did the President know when Flynn was 
Говоря с россиянами (Govorya s rossiyanami) speaking with the Russians, and when did the President know it? 
Amazingly, Russia is the center of controversy with 45, going back to the early days of his candidacy. Paul Manifort had deep ties to big red. So did Flynn, who may have pocketed some cash during a dash to the Kremlin and back a year or so ago. 

Now, if Flynn- at 45's direction, was undermining US policy and sanctions of the Obama administration during the time Obama was president, then the "I" word is on the table- and we don't mean "I"vanka's "I"nventory at Nordstroms. 

The FBI is investigating. The Senate is investigating. And even the CIA- relegated under Trump and Flynn to second spy-status in the first three weeks of the administration- is racing to Fed-Ex-Kinkos to find a fax machine to tell 45 they might have some info on this. 

It's chaos. Just the way 45 likes it. 

Every day the stock market indexes sets new highs- (buy the IJH ETF on small and midcaps as well as the KBE ETF on banks to play the return of capital tax legislation, and while you're at it, Apple is still a buy as it is going to 150); North Korea is launching missiles;  Ice Caps are melting; people with more than two vowels in their name are banned from the US; our immigrant clients are being rounded up and sent on the St. Louis back home; and a seventy year old ego-maniac roams the halls of the white house residence at all hours of the night in his bathrobe, watching CNN, tweeting, and cursing Nordstroms to startled aides who cross his path. 

It's all good. You couldn't make this up if you tried. Imagine this pitch from a producer to a NetFlix exec in 2012:
Producer: "Ok..imagine. Donald Trump is elected president. He is in bed with the Russians. He has no idea what he is doing and spends his days tweeting, threatening stores who cancel his daughter's clothing line, and orders the Pentagon to invade Montreal?"
NetFlix Exec: "Uhhh... pass. What about that idea for a series about a Bail Bond Agency in Miami that uses ex-strippers to track down felons who skip out on bonds? "

From Occupied America...Fight the Power!  


Monday, February 13, 2017

COMMITMENT IS A TEN LETTER WORD

We received some emails from the SAO.   
Upshot: The SAO is not a fun place to work. 
Everything is scrutinized and anyone who sticks their neck out gets it chopped off. 

Exhibit one: 
From our source:
An ASA who's worked at the office for over three years is leaving on Friday and an email for his/her going away happy hour went out to all ASAs in Graham at around 4pm today. The text of the email is below (with the name of the ASA omitted):

The SAO email: 

_______ has left the SAO!
With _____ gone, our halls will be a little more quiet and the Public Defender’s office will rest a little easier knowing _____ has hung up ___ trial shoes.
Come to Blackbird Ordinary right after work this Friday, February 3, 2017, to celebrate ______ time at the State Attorney’s Office and be reminded of just how much of a trial-dodger we all are.
Date: Feb 3, 2017
Time: Right after work
Place: Blackbird Ordinary
If you choose to drink please do so responsibly.

_______________

From our source: 

This ASA is well regarded by his/her peers as a great trial ASA and a hard worker and it's common knowledge that he/she is leaving before he/her just welcomed a baby into the family and the SAO salary isn't cutting it. Suffice it to say his/her happy hour will be well attended by and colleagues and well wishers and everyone is sad to see him/her leave. Even though he/she has been at the office for more than three years the upper management in Graham says he/she didn't serve out his/her three year commitment so he/she can't leave with his/her badge encased in plastic. 

Someone in management, writing from KFR's personal email account, was none to pleased with the happy hour email and responded with this doozy a few hours later:

________________

KFR email: 

I understand and, certainly, encourage the celebration of an ASA’s years of service to our office and to the public.  However, I was troubled by this email, because I was not aware that such emails were being sent on behalf of ASAs who were/are breaking their commitment to this office and the community we serve. 
As all of you know, we, as an office, take very seriously the commitment made by incoming ASAs.  I do not feel it is appropriate to use office e-mail to celebrate the departure of ASAs who have not honored their commitment.  What was particularly disturbing and offensive about this email, was, also, the denigration of those who work very hard and honor their commitment by stating that they are “trial dodgers.” 
I would like for you to develop a policy on the distribution of these types of emails.
Thank you.

_________________

From our source:

Needless to say, that's not a good way to boost the morale of your underpaid and overworked employees. The ASA in question served more than three years and isn't going to work for a direct competitor in the criminal defense field. And when someone isn't getting paid enough to support their growing family they don't have many choices but to leave the job they love and excel at. Also, the trial dodge line in the original happy hour email was an inside joke that clearly wasn't understood by the sender of the email from KFR's account. If anything, the response email will drive up attendance at the going away happy hour. 

Rumpole notes:
What an awful place to work, where emails are scrutinized and even jokes are criticized. 

From Occupied America...fight the power! 

Saturday, February 11, 2017

DIARY OF A MAD PRESIDENT 2/11/2017

Nordstroms. Nordstroms. Nordstroms.

Dear Diary. I hate Nordstroms. I'm wondering about how they'd feel if the 10th Mountain Division took a stroll through the store?
Gonna tweet. Testing which is better..."failing Nordstroms"..."empty Nordstroms"... "Nobody goes to Nordstroms"...

Memo to self: Call Library of Congress. Get Librarian to give me slogan on Nordstroms. Also...turn Bannon loose on Nordstroms. Whole fake news thing. Hillary shops at Nordstroms. Obama-Care created by Nordstroms. Isis loves Nordstroms. Heard Nordstroms has separate fitting rooms for terrorists wearing those bib thingys.

9th Circuit ruled against me. Some BS about court limiting president's power. They never did that to Obama. Or Nixon. Or Patton. Memo to Bannon- Make me the Nixon/Patton president.

Tweet: "Ninth Circuit has charge account at Nordstroms. Very strange. FBI looking into that."

Worked on the budget today. Lots of suits around table. Deficit, Taxes. All I could think about was Nordstroms cutting Ivanka's clothing line.

Sending Seal Team Six into Yemen. Or someplace like that. Gonna have them drop some Nordstrom bags into the terrorists closets and then take some pics.  Bin Laden had a Nordstroms account. CIA gonna leak that for me.

Meeting with Navy brass later. Issues about scheduling Carrier fleet deployments in South China Sea or something like that. Gonna ask the Admirals if they shop at Nordstroms? Why call it the China sea? Do they own it? No. How about the US Sea? Manhattan sea or Fifth Avenue Sea? Memo to Jared to set the map people straight.

Presidential Executive Order #15. "Effective immediately for National Security reasons, no member of US Armed Forces or government employee may shop at Nordstroms." DJT.

Enemies List: 9th Circuit Court of Appeals. Nordstroms. Loud-Mouth Liz Warren-Pocahontas. Martinique. Boy Scouts of America. ASPCA. Puppy-Bowl. 

Golf this weekend with Chinese Prez Abe. Or Japanese. What's the diff? Sushi. Chop Suey. It's all the same.

Secret Service shutting down Nodstrom's at West Palm mall. Threats of some sort. Long investigation. Should be open by July. Hahahahaha. I love being Pres.

Gotta go. Gotta set PM of Fiji straight or can you say Aircraft Carrier Patton?

Thursday, February 09, 2017

SO- CALLED APPELLATE COURT AFFIRMS SO-CALLED JUDGE

This is why we celebrated the Trump win. The spectre of constitutional crises every day.

Thursday evening the 9th Circuit court of appeals ("Dude...affirmed!") affirmed the order of the District Court Judge.

The constitutional crisis in the Nixon administration started with the Saturday night massacre, and ended six months later when the Supreme Court upheld the district court judge's order requiring the white house to produce the tapes.  Nixon resigned in August 1974 and Gerald Ford declared "our long national nightmare over." (Over/under on Pence saying that is November, 2018).

In May, 1861, two months into office, President Lincoln suspended the great writ of habeas corpus and then defied the US Supreme Court. As Judge Hirsch has probably recounted dozens of times to dazed young PDs and ASAs,  John Merryman, a State Legislator from Maryland was arrested for hindering the movement of Union Troops.  Merryman was held at Fort McHenry. His lawyer (not Sy Gaer) filed a for a writ of habeas corpus to bring the body of the defendant to a district court. Lincoln issued an executive order (well before Trump ever did) that suspended the right for the great writ of habeas corpus on military bases. The commander of the fort followed the order of his commander in chief and refused to deliver Merryman.

US Supreme Court Chief Judge Roger Taney paused briefly in his penning the Dred Scott decision to rule that Lincoln did not have the authority to issue an order suspending habeas corpus. Lincoln sat tight. He didn't respond. He didn't reply. And he didn't order Merryman released, and we had our first constitutional crises.

We are a blogger of the people. We don't mingle with hoi polloi, but we sometimes visit and observe. And Thursday night was an exercise in the people's version of constitutional law. We sat transfixed, nursing a cheap (for us) Cabernet while a twenty-something SoBe bartender with rings in her nose, lips and ears, and a sleeve of tattoos not covered by a revealing tight black tank-top  lectured us about standing, the 9th circuit, and that their order had no basis in the establishment clause of the first amendment. Fascinating.

We wrote- what seems like an eternity ago- that Article III judges were all that stood between our president and a dictatorship. While we disagree with the 9th circuit's analysis, we are proud to live in a country where a Judge can tell a president "NO" and No means No -Lincoln and Taney not withstanding.

Lincoln refused Taney's order two months into his presidency while struggling to deal with a rebellious Maryland border state. Not to be outdone, 45 has provoked a crisis less than thirty days into office while struggling to deal with a rebellious white house staff. 

Here's the order from the 9th.



From Occupied America...fight the power.

DARKNESS AND LUCK





"And a darkness settled over the 
land. It was a time of upheaval, and pestilence, and tweeting. And his name was Sessions."

The Chronicles Of the End Of America, Horace Rumpole, p. 124. 

Meanwhile, as we predicted Wednesday Morning, and the Captain confirmed Wednesday night, Judge Luck was elevated to the 3rd DCA. 


From Occupied America. 
Fight the Power. 

Wednesday, February 08, 2017

CONGRATS TO JUDGE ROBERT LUCK


THE CAPTAIN REPORTS:

AND YOUR NEWEST 3RD DCA JUDGE IS .....

JUDGE ROBERT LUCK***

Judge Luck, age 37, earned a raise today. $8,000 to be exact. You see the salary of a Circuit Court Judge is $146,000 while a Judge on the 3rd gets paid $154,000. $8,000 bucks and no more daily calendars; pretty good gig if you ask me. Oh yeah, and the raise also comes with a lifetime appointment; almost forgot about that.

Seriously, Judge Luck is so well deserving of this appointment. He has two degrees from the University of Florida Gators. He clerked for Judge Ed Carnes of the 11th Circuit Court of Appeals in Atlanta. He even worked for that venerable boutique law firm Greenberg Traurig from 2005-2006. He then joined the U.S. Attorney's Office where he worked for almost seven years.

Then, in 2013, at the ripe old age of 33, Governor Scott appointed Luck to the Circuit Court bench. See our coverage here.
  
Luck faced the voters this past summer for the first time and drew opposition from ex state legislator Yolly Roberson. He defeated Roberson 54% to 46%. It appears now that that will have been his one and only election.

Judge Luck has spent the past three and one half years assigned to both the Criminal Division as well as the General Jurisdiction Division (Civil). While many criticized Scott for appointing a 33 year old to an open seat on the Circuit Court, Luck has generally been well received in both the Criminal and Civil Divisions by attorneys on both sides of the isle.

The appointment of Luck opens a seat on the Circuit bench that will be named by Scott sometime in May of 2017.

***As predicted earlier today by lead scribe of this Blog, Horace Rumpole and his crystal ball.

IN OTHER 3RD DCA NEWS TODAY .....

3rd DCA Judge Linda Ann Wells has announced her retirement. She has aged out and Gov Scott will name her replacement. So, it looks like one of the names not chosen today by the Gov to replace retiring Judge Frank Shepherd will have a second shot and that should happen in the next few months; ARE YOU LISTENING JUDGES Browyn Miller and Norma Lindsey, along with attorneys Fleur Lobree, John Greco, and Oren Rosenthal.

The 3rd DCA currently has a makeup of ten judges:

Richard J. Suarez, Chief Judge
Linda Ann Wells
Frank A. Shepherd
Leslie B. Rothenberg
Barbara Lagoa
Vance E. Salter
Kevin Emas
Ivan F. Fernandez
Thomas Logue
Edwin A. Scales, III

With the departure of Shepherd and Wells, once their two replacements are named (Luck and ?), Gov Scott will have named 50% of the sitting judges including Judges Fernandez, Logue, Scales, Luck and Judge Wells replacement. Scott's second four year term as Governor ends on January 3, 2019 and he is widely expected to run against Senator Bill Nelson in the Fall 2018 election.

Also, 3rd DCA Judge Salter turns 70 years old in 2018; Judge Rothenberg turns 70, I believe, in 2019 (not completely sure). So, there is a real chance that Scott could have at least two more appointments to the 3rd before he leaves office.

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

Tuesday, February 07, 2017

WHY 45 SHOULD WIN IN THE 9TH CIRCUIT

UPDATE: It's going to be one "Luck  y" judge who will be appointed to the 3rd DCA shortly. 
We shook our magic 8 ball and asked who would the Gov appoint? 
"All signs lead to Luck."

The Judge has impeccable credentials. Clerked for the "right" judge at the 11th Cir. A fav of the Federalist Society (Motto: "Committed since 1985 to overruling Marbury v. Madison and ending liberal judicial review.") Judge Luck has done a fine job on the criminal bench and we are lucky to have him working in our community. 

Judges Miller and Lindsey and ASA Lobree have all been told they are on the short list for the next vacancy and have been urged to re-apply. 

THE 9TH SHOULD REVERSE OR LIMIT THE STAY

Longtime and careful readers of this blog well know that other than the sheer entertainment value of the current presidency, there is little we like or respect coming from 45's White House in terms of policy. 

But the 9th Circuit Court of Appeals should reverse the District Court judge and lift the stay on the order. Here is why:

It is bad precedent for a court to meddle in a president's national security order.

Trump's travel ban is racist. Much like the decision in Korematsu, it is un-american, representing the worst of our country's xenophobic and nativist tendencies. 
But only the president gets the Presidential Daily Briefing. Only the president gets ALL the intelligence from the various US intelligence agencies. And therefore, as much as we do not like, trust, or respect this president, there should not be precedent of an appellate court substituting its judgment for that of a president's judgment in the area of national security. Period. 

Assume an evil race of aliens landed and took over Australia. Call them the ....TomBradys. And assume the evil aliens worship some black-hearted deity...call him Belichick. Assume all who worship Belichick have one goal in their religion- the destruction of the United States. It would be constitutional and the absolute duty of the President to ban all TomBradys from entering this country based on their race and religion in order to protect this country. Period. Some orders based on race and religion are constitutional, as difficult as that is to stomach.  

The current travel ban is wrong. It is misplaced. It does not make our country safer and probably endangers our country even more. All of that being said, the principle of the President having near unfettered authority at the boarder and in areas of national security must- for the power of presidency- be preserved. And sadly, in this case that means reversing the well intentioned order of the district court and lifting the stay. 

See You In Court in Occupied America. Fight the power.