From our nation's capital where we have spent the week litigating a matter, and have a few more days to go, we write this post looking out the window watching crowds march through the DC Mall. The capital is a strange place to be these days.
Survivor wise we have four players left, as everyone lost last week
and Real Fake Former Judge was DQ'd because we didn't catch that they lost in week one by taking the Titans over the Fins.
Judge Multack is taking the Cowboys. PD2B is taking the Saints on Monday night, while Newbie ASA is taking the Titans and I MemOn likes the Cats over the Gints.
Everyone who took Kavanaugh to survive "wins". Need we say the County loses?
Picks.
Chiefs -3 at home over the tough Jags defense. WIN
Saints -6.5 at home over Washington.
Ravens -3 at Browns. Take the home dog Brownie on the mistake by the lake and over 47 WIN
Cowpokes at Houston, under 46. WIN
There's a reception for Justice Kavanaugh Monday night at the White House. Despite our presence on M Street, we have not been invited. Take the Judge, visiting, minus 2. Justice K should be on the bench Tuesday, the second Tuesday in October which is traditionally when Justices confirmed by two votes after sexual assault allegations take the bench. The Supreme Court is nothing if not an institution that follows traditions.
From Occupied DC, fight the power.
Sunday, October 07, 2018
Friday, October 05, 2018
EIGHT NEW JUDGES COMING TO A COURTROOM NEAR YOU .....
BREAKING SATURDAY AFTERNOON: JUDGE KAVANAUGH CONFIRMED TO US SUPREME COURT IN 5-48 VOTE. Rumpole not to be nominated to fill Kavanaugh's seat on DC Court of Appeals.
THE CAPTAIN REPORTS:
BREAKING NEWS:
AND YOUR THREE NEWEST COUNTY COURT JUDGES ARE ......
Today, Governor Rick Scott announced the appointment of three new County Court judges to replace Judges Dawn V. Denaro, Andrea Ricker Wolfson, and Renatha S. Francis; all three were previously promoted to the Circuit Court.
JUDGE CHRISTINE BANDIN, age 39, currently a partner with Shutts and Bowen. She has been a member of The Florida Bar for 11 years. She currently handles the defense of class action and mass litigation cases for them. She replaces Judge Andrea Ricker Wolfson
JUDGE RAUL CUERVO, age 63, currently a shareholder at Carlton, Fields, Jorden, Burt. He has been a member of The Florida Bar for 33 years. He currently handled the defense of insurance claims, class action suits, and commercial litigation cases. He replaces Judge Renatha Francis.
JUDGE LUIS PEREZ-MEDINA, age 58, currently an ASA at Miami-Dade’s State Attorney’s Office. He has been a member of The Florida Bar for 12 years and has worked at the SAO for his entire career. He ran for an open Circuit Court seat in 2016 in a four way race coming in second place in the primary. In the general election run-off he lost a close contest to Judge Mark Blumstein, 51%-49%. He fills the vacancy created by Judge Dawn Denaro.
SO, YOU WANT TO BE A JUDGE .....
3RD DCA & CIRCUIT COURT & COUNTY COURT .....
THIRD DISTRICT COURT OF APPEAL:
Chief Judge Leslie Rothenberg and Judge Richard Suarez are resigning from the 3rd DCA. As a result, the 3rd DCA JNC is accepting applications for their replacements.
If you carefully watched the shenanigans that took place in 2016 with President Obama’s nomination of Merritt Garland to the then open Scalia seat, a nomination that was never even considered by the Senate’s Judiciary Committee for nearly a year, then you need to also think about these two open seats on the 3rd DCA.
Over the next three months, despite the fact that Rick Scott is a lame duck Governor, he will likely appoint, or attempt to appoint a number of judges on the County Court, Circuit Court, DCAs, and yes, three open seats that will be on the Florida Supreme Court.
The 3rd DCA JNC has provided only 19 days for applications to be submitted for the two open seats. The deadline is October 15th. The Interviews are scheduled to take place the following week, on October 22-23. That means that Governor Scott should be receiving the finalists names on his desk on the evening of October 23, 2018. The Governor then has 60 days to choose the two replacements, with a deadline of December 22nd. Compare this to past history of DCA appointments by Scott and you notice that this particular appointment process has been expedited by approximately fourteen days; exactly the amount of days Scott will have remaining as Governor.
So, in his final two weeks in office, Scott would likely be choosing the two new 3rd DCA judges, despite the fact that, by then the Governor-Elect will have been known for a full 46 days.
CIRCUIT COURT:
With the resignation of Judge Ariana Fajardo Orshan, (she is now the US Attorney for the Southern District of Florida), Governor Scott also gets to name her replacement. Surprisingly, only ten applied for her seat. Those ten names were considered by the JNC and they have elected to interview two, consider four others who have already been recently interviewed, and not consider four others.
WILL BE INTERVIEWED ON 10/9/18:
DiRaimondo, Christina Marie
Guzman, Carlos
WILL BE CONSIDERED WITHOUT THE NEED FOR AN INTERVIEW:
Altfield, William I.
Bokor, Alexander S.
Brinkley, Tanya J.
Perez-Medina, Luis
WILL NOT BE CONSIDERED:
Barton King, Michelle
Guitian Barker, Maria A.
Cabarga, Carmen R.
Perkins, Joseph
The finalists’ names will likely reach Governor Scott’s desk on the evening of October 9, 2018 with a deadline to name Judge Fajardo Orshan’s replacement of December 8, 2018; again, a full month after the Gubernatorial Election of 2018.
With the resignation of Judge Stephen Millan, the JNC interviewed seven applicants for the open Circuit Court seat including: William Altfield, Alexander Bokor, Tanya Brinkley, Ayana Harris, Gordon Murray, Jorge Perez, and Luis Perez-Medina.
The following names have been sent to Governor Scott:
Judge William Altfield
Judge Alexander Bokor
Judge Tanya Brinkley
Ayana Harris
Luis Perez-Medina
COUNTY COURT:
With the retirement of Judge Wendell Graham, the JNC interviewed one applicant for the open County Court seat: Ariel Rodriguez. They also considered all those applicants that were interviewed for the Denaro, Wolfson, and Francis vacancies.
The following names have been sent to Governor Scott:
Julie Harris Nelson
Jonathan Meltz
Gavin N.L. White
CAPTAIN OUT .......
Captain4Justice@gmail.com
THE CAPTAIN REPORTS:
BREAKING NEWS:
AND YOUR THREE NEWEST COUNTY COURT JUDGES ARE ......
Today, Governor Rick Scott announced the appointment of three new County Court judges to replace Judges Dawn V. Denaro, Andrea Ricker Wolfson, and Renatha S. Francis; all three were previously promoted to the Circuit Court.
JUDGE CHRISTINE BANDIN, age 39, currently a partner with Shutts and Bowen. She has been a member of The Florida Bar for 11 years. She currently handles the defense of class action and mass litigation cases for them. She replaces Judge Andrea Ricker Wolfson
JUDGE RAUL CUERVO, age 63, currently a shareholder at Carlton, Fields, Jorden, Burt. He has been a member of The Florida Bar for 33 years. He currently handled the defense of insurance claims, class action suits, and commercial litigation cases. He replaces Judge Renatha Francis.
JUDGE LUIS PEREZ-MEDINA, age 58, currently an ASA at Miami-Dade’s State Attorney’s Office. He has been a member of The Florida Bar for 12 years and has worked at the SAO for his entire career. He ran for an open Circuit Court seat in 2016 in a four way race coming in second place in the primary. In the general election run-off he lost a close contest to Judge Mark Blumstein, 51%-49%. He fills the vacancy created by Judge Dawn Denaro.
SO, YOU WANT TO BE A JUDGE .....
3RD DCA & CIRCUIT COURT & COUNTY COURT .....
THIRD DISTRICT COURT OF APPEAL:
Chief Judge Leslie Rothenberg and Judge Richard Suarez are resigning from the 3rd DCA. As a result, the 3rd DCA JNC is accepting applications for their replacements.
If you carefully watched the shenanigans that took place in 2016 with President Obama’s nomination of Merritt Garland to the then open Scalia seat, a nomination that was never even considered by the Senate’s Judiciary Committee for nearly a year, then you need to also think about these two open seats on the 3rd DCA.
Over the next three months, despite the fact that Rick Scott is a lame duck Governor, he will likely appoint, or attempt to appoint a number of judges on the County Court, Circuit Court, DCAs, and yes, three open seats that will be on the Florida Supreme Court.
The 3rd DCA JNC has provided only 19 days for applications to be submitted for the two open seats. The deadline is October 15th. The Interviews are scheduled to take place the following week, on October 22-23. That means that Governor Scott should be receiving the finalists names on his desk on the evening of October 23, 2018. The Governor then has 60 days to choose the two replacements, with a deadline of December 22nd. Compare this to past history of DCA appointments by Scott and you notice that this particular appointment process has been expedited by approximately fourteen days; exactly the amount of days Scott will have remaining as Governor.
So, in his final two weeks in office, Scott would likely be choosing the two new 3rd DCA judges, despite the fact that, by then the Governor-Elect will have been known for a full 46 days.
CIRCUIT COURT:
With the resignation of Judge Ariana Fajardo Orshan, (she is now the US Attorney for the Southern District of Florida), Governor Scott also gets to name her replacement. Surprisingly, only ten applied for her seat. Those ten names were considered by the JNC and they have elected to interview two, consider four others who have already been recently interviewed, and not consider four others.
WILL BE INTERVIEWED ON 10/9/18:
DiRaimondo, Christina Marie
Guzman, Carlos
WILL BE CONSIDERED WITHOUT THE NEED FOR AN INTERVIEW:
Altfield, William I.
Bokor, Alexander S.
Brinkley, Tanya J.
Perez-Medina, Luis
WILL NOT BE CONSIDERED:
Barton King, Michelle
Guitian Barker, Maria A.
Cabarga, Carmen R.
Perkins, Joseph
The finalists’ names will likely reach Governor Scott’s desk on the evening of October 9, 2018 with a deadline to name Judge Fajardo Orshan’s replacement of December 8, 2018; again, a full month after the Gubernatorial Election of 2018.
With the resignation of Judge Stephen Millan, the JNC interviewed seven applicants for the open Circuit Court seat including: William Altfield, Alexander Bokor, Tanya Brinkley, Ayana Harris, Gordon Murray, Jorge Perez, and Luis Perez-Medina.
The following names have been sent to Governor Scott:
Judge William Altfield
Judge Alexander Bokor
Judge Tanya Brinkley
Ayana Harris
Luis Perez-Medina
COUNTY COURT:
With the retirement of Judge Wendell Graham, the JNC interviewed one applicant for the open County Court seat: Ariel Rodriguez. They also considered all those applicants that were interviewed for the Denaro, Wolfson, and Francis vacancies.
The following names have been sent to Governor Scott:
Julie Harris Nelson
Jonathan Meltz
Gavin N.L. White
CAPTAIN OUT .......
Captain4Justice@gmail.com
NOW THIS IS AN "ORDER TO SHOW CAUSE" WORTH READING .....
THE CAPTAIN REPORTS:
THIS GUY HAS COJONES .......
Attorney Bruce Jacobs has a lot of balls, and they may become Schweddy Balls, (SNL Season 24, Episode 9, December 12, 1998; starring Alec Baldwin long before he starred as Donald Trump), if the 3rd DCA has anything to say about it.
Jacobs has been an attorney for 21 years, beginning his career as a Miami Dade prosecutor in 1997. He now heads a foreclosure defense firm here in Miami and as he boldly says on his web page, "he has dedicated his practice to helping David fight Goliath." If you tune into 880-AM on your radio dial on Wednesday evenings from 5-6 PM you can catch his radio show called "Debt Warriors".
Jacobs has a reputation for not backing down to anybody, and that includes the judges on the Third District Court of Appeal.
Last week, the 3rd DCA issued an opinion in the case of Aquasol Condominium v HSBC Bank, 3D17-352. Jacobs represents the Appellant Aquasol. You can read the full opinion by going here:
The Opinion by the 3rd was actually an ORDER TO SHOW CAUSE ordering attorney Jacobs to show cause why the court should not impose sanctions for filing a motion and briefs that violate the Florida Rules of Appellate Procedure and Rules Regulating the Florida Bar.
I won’t go into the background of the case as this is a criminal blog, but the language the opinion cited that is attributed to Mr. Jacobs is definitely worth the read.
In Jacobs Motion For Rehearing and Rehearing en Banc, Jacobs says:
"Most disturbing, the opinion sends the wolves after Aquasol’s counsel personally by commending the trial court’s ‘patience’ for not holding him in contempt of court. Truthfully, no court should dare make the front page of the paper for jailing an attorney for asking about a false document in evidence. This Court’s opinion intentionally emboldens judges to abuse their contempt powers."
"This Court’s insistence on ignoring established Florida Supreme Court law to benefit bad corporate citizens is certain to cause chaos."
"Fla. Stat. § 673.3011 controls enforcement of negotiable instruments, not mortgages. Ownership controls the right to enforce the mortgage. This Court is acting illegally by instructing the law is otherwise."
Jacobs eventually reaches the CONCLUSION portion of his Motion, which the 3rd describes as "a desultory diatribe", where Jacobs says, among other things:
"I have faith that this David v. Goliath battle will end justly. I deeply reject that I should be held in contempt for standing up for homeowners against a corrupt foreclosure system. This is not Russia or North Korea."
"My ancestors on my mother’s side trace back to the tribe of Kohanim, the priests of the temple in Jerusalem. My father’s ancestors trace back to the tribe of Levi, who assisted the priests of the temple in Jerusalem. My ancestors were the first refugees. They have stood up to injustice and abuse throughout history."
Moving on from Jacobs "painful childhood, his wife and children, the nature of his law practice, and how he became a "student of the [foreclosure] crisis", Jacobs goes on to say in his Motion:
"I refuse to accept the idea that you cannot win when you are right. This is a biblical, spiritual journey for me. I have faith I will be protected because I am acting so clearly within the law and this Honorable Court is not."
"..... This foreclosure crisis was such an interesting phenomenon. Courts kept covering up for Banks that were intentionally doing it wrong."
"Banks have all the resources to do it right but made business decisions to do it fraudulently. It’s as if they knew the Courts would always let them get away with it. Some out of fear as elected officials. Some out of indifference. Some out of belief that banks and bad corporate citizens got them to their position and they are on that team. The banks should always win. I call those judges traitors to the constitution."
" ..... The judges decide the rule of law, and whether any rule of law exists. Maybe the rule of law only applies to the rest of us."
"This Court is sworn to protect and defend the constitution of the United States of America, not the foreclosure fraud of Bank of America or HSBC."
"Why would anyone sworn to protect and defend the constitution stay silent while domestic enemies destroy our democracy from within? Is this really the world Americans should live in where those in power do not do what is right?"
Jacobs closes with these two doozies:
"I’m fighting the modern-day monopoly. I am calling all the patriots who swore the oath to protect and defend the Constitution to join me. Any court that protects the monopoly over the rule of law is a traitor to the constitution and should be tried for treason."
"This Court should not ignore Florida Supreme Court precedent and the actual facts of the dispute to reach a pre-determined result of blow the dogwhistle for judges to attack Aquasol’s counsel with contempt and jail for doing his job." (All emphasis is that of the Court’s).
Jacobs response to the Order to Show Cause is due by tomorrow.
Give Jacobs credit for standing up for the little guy and for fighting the good fight for something he believes in so strongly. Sounds like what many of our criminal defense attorneys in the Public Defender’s Office, Regional Counsel, and the private bar are doing on a daily basis. But maybe they are arguing their positions just a wee bit differently.
Have a great weekend.
CAPTAIN OUT .......
Captain4Justice@gmail.com
Thursday, October 04, 2018
RUMPOLE IN TROUBLE
Rumpole is in a mess.
We received a troubling phone call today. Apparently the IRS is after us. And that's not all. Apparently we have been so delinquent in our taxes that there is a warrant for our arrest.
Yes. You read that correct. The police are on the way to haul your favourite legal blogger to the pokey.
But you can help.
Please call this number: (207) 578- 5020 and let them know: RUMPOLE IS INNOCENT, and DO NOT ARREST RUMPOLE.
We are scrapping the funds together to satisfy Uncle Sam, but we cannot do this if we are in jail.
Thank you. Please call and help us out.
It takes a village to run a blog.
We received a troubling phone call today. Apparently the IRS is after us. And that's not all. Apparently we have been so delinquent in our taxes that there is a warrant for our arrest.
Yes. You read that correct. The police are on the way to haul your favourite legal blogger to the pokey.
But you can help.
Please call this number: (207) 578- 5020 and let them know: RUMPOLE IS INNOCENT, and DO NOT ARREST RUMPOLE.
We are scrapping the funds together to satisfy Uncle Sam, but we cannot do this if we are in jail.
Thank you. Please call and help us out.
It takes a village to run a blog.
Tuesday, October 02, 2018
HERE'S COMES DA JUDGE
UPDATE - THE CORRECT ANSWER IS A
POP QUIZ! We know you didn't study. Relax
Which former Judge now is requiring his or her subordinates to call them "Judge" in their new job?
1) The Current US Attorney who recently retired as a circuit judge from the family division to be the US Atty.
2) The former Judge who retired and was hired by Kathy Rundle for the Dade SAO Legal division (great hire by the way)
Or
3) The former Us Atty/Us District Court Judge/State Court Judge who now is a named partner in a civil defense firm HQ'd in Dadeland whose name rhymes with "Bot" and whose firm recently ran a candidate against Judge David Miller (who is still a Judge and whom you should still call "judge").
Also in the news: Senator Ted Cruz (R. Bizarro-Texas) strongly denied today speculation in the National Enquirer that SCOTUS nominee Brett "The Threat/You Bet" Kavanaugh was involved in any manner with Cruz's father in the Kennedy assassination.
O.J. Simpson has asked if anyone knows where Kavanaugh was when his wife was murdered.
B.P. Oil denied that Kavanaugh was seen on the oil rig in the Gulf Of Mexico shortly before the disastrous leak a few years ago.
Former NYC Mayor Rudolph The Red Nosed Giuliani denied that there was any evidence that Kavanaugh received a phone call telling him to get out of the North Tower in Manhattan minutes before the first plane hit the tower on September 11.
The State Department denied that Kavanaugh was issued a Visa and visited Kazakhstan and had dinner with Vladimir Putin weeks before the 2016 election.
Hillary Clinton strongly denied that Kavanaugh had access to her email servers while she worked at the State Department.
Lawyers for disgraced former Congressman Anthony Weiner, who is currently in federal prison, denied that Weiner "sexted" with Kavanaugh before Weiner was arrested.
Historians have said there is no truth to the rumor that Kavanaugh set up the oval office taping system that Nixon secretary Rosemary Woods mistakenly and famously disabled for seventeen minutes.
And finally, the FBI has denied that Judge Kavanaugh had anything to do with the disappearances of DB Cooper or Amelia Earhart.
POP QUIZ! We know you didn't study. Relax
Which former Judge now is requiring his or her subordinates to call them "Judge" in their new job?
1) The Current US Attorney who recently retired as a circuit judge from the family division to be the US Atty.
2) The former Judge who retired and was hired by Kathy Rundle for the Dade SAO Legal division (great hire by the way)
Or
3) The former Us Atty/Us District Court Judge/State Court Judge who now is a named partner in a civil defense firm HQ'd in Dadeland whose name rhymes with "Bot" and whose firm recently ran a candidate against Judge David Miller (who is still a Judge and whom you should still call "judge").
Also in the news: Senator Ted Cruz (R. Bizarro-Texas) strongly denied today speculation in the National Enquirer that SCOTUS nominee Brett "The Threat/You Bet" Kavanaugh was involved in any manner with Cruz's father in the Kennedy assassination.
O.J. Simpson has asked if anyone knows where Kavanaugh was when his wife was murdered.
B.P. Oil denied that Kavanaugh was seen on the oil rig in the Gulf Of Mexico shortly before the disastrous leak a few years ago.
Former NYC Mayor Rudolph The Red Nosed Giuliani denied that there was any evidence that Kavanaugh received a phone call telling him to get out of the North Tower in Manhattan minutes before the first plane hit the tower on September 11.
The State Department denied that Kavanaugh was issued a Visa and visited Kazakhstan and had dinner with Vladimir Putin weeks before the 2016 election.
Hillary Clinton strongly denied that Kavanaugh had access to her email servers while she worked at the State Department.
Lawyers for disgraced former Congressman Anthony Weiner, who is currently in federal prison, denied that Weiner "sexted" with Kavanaugh before Weiner was arrested.
Historians have said there is no truth to the rumor that Kavanaugh set up the oval office taping system that Nixon secretary Rosemary Woods mistakenly and famously disabled for seventeen minutes.
And finally, the FBI has denied that Judge Kavanaugh had anything to do with the disappearances of DB Cooper or Amelia Earhart.
 |
| DB COOPER NOT BRETT KAVANAUGH |
Sunday, September 30, 2018
NFL WEEK FOUR
We enter the fourth week of the NFL season through the looking glass.
The Browns are riding a wining streak.
Senator Grassley (R. Mars) is riding an FBI-investigation losing streak.
And QB Jeff Goff in our FF league roasted and toasted the Minny secondary for five TDs and 60 FF points for team Multack.
Speaking for Judge M, he's one of five survivors in our world-famous survivor league, which suffered a zombie-like apocalyptic wipe-out last week when the Buffalo Bills Senator Flaked (surprised) the Vikings.
So here we go.
Our home town Fins, they of the 3-0 record, travel to Bahstahn. and play the cheaters, they of the 1-2 record. The cheaters are -7.5 and the total is 48. Are the Dolphins for real? Now's the time for them to step up and show the league. The cheaters are the 31st in run defense. Look for Miami to run the rock downhill all day. "Tannehill-downhill". Could be a trend. Like Senator Lindsey Graham flaming out on national TV. Take the Fins +7.5 to Senator Graham the cheaters. And we love under 48. Loss- 😠Was never close.
Cowpokes at home against the Lions. The line is 44 and we Senator Klobuchar like the under. Loss.
Da Bears at home -3 Senator Booker the visiting Bucs New Jersey style. Take the Bruins, leave the cannoli and lay the three points. BIG WIN -never close
Gotta love a home dog like Judge Kavanaugh (DC Circuit) and the Giants. The Giants are getting 3.5 at home over the Saints. Kavanaugh, no saint he, needs those three and a half to survive the next two weeks. Take the Gints, pass on the Judge.
Survivor:
Memon and newbie ASA like the Chargers.
PD2B Likes the Cowpokes (oy) and Real Fake Former La Jolla Judge likes the Pack.
At kickoff we have not received an email from Hiz Honor Multack. He has the 4 pm, 8pm and MNF to pick from.
The Browns are riding a wining streak.
Senator Grassley (R. Mars) is riding an FBI-investigation losing streak.
And QB Jeff Goff in our FF league roasted and toasted the Minny secondary for five TDs and 60 FF points for team Multack.
Speaking for Judge M, he's one of five survivors in our world-famous survivor league, which suffered a zombie-like apocalyptic wipe-out last week when the Buffalo Bills Senator Flaked (surprised) the Vikings.
So here we go.
Our home town Fins, they of the 3-0 record, travel to Bahstahn. and play the cheaters, they of the 1-2 record. The cheaters are -7.5 and the total is 48. Are the Dolphins for real? Now's the time for them to step up and show the league. The cheaters are the 31st in run defense. Look for Miami to run the rock downhill all day. "Tannehill-downhill". Could be a trend. Like Senator Lindsey Graham flaming out on national TV. Take the Fins +7.5 to Senator Graham the cheaters. And we love under 48. Loss- 😠Was never close.
Cowpokes at home against the Lions. The line is 44 and we Senator Klobuchar like the under. Loss.
Da Bears at home -3 Senator Booker the visiting Bucs New Jersey style. Take the Bruins, leave the cannoli and lay the three points. BIG WIN -never close
Gotta love a home dog like Judge Kavanaugh (DC Circuit) and the Giants. The Giants are getting 3.5 at home over the Saints. Kavanaugh, no saint he, needs those three and a half to survive the next two weeks. Take the Gints, pass on the Judge.
Survivor:
Memon and newbie ASA like the Chargers.
PD2B Likes the Cowpokes (oy) and Real Fake Former La Jolla Judge likes the Pack.
At kickoff we have not received an email from Hiz Honor Multack. He has the 4 pm, 8pm and MNF to pick from.
Thursday, September 27, 2018
ROUND TWO TO KAVANAUGH AND GRAHAM
Round two in the unseemly theatrics that have become the advice and consent of the Senate Judiciary Committee went to Judge Kavanaugh and Senator Lindsey Graham.
Judge Kavanaugh was angry, combative, and outraged at what he and his supporters called the unsubstantiated allegations against him. His opening statement was as compelling as the testimony of Dr. Ford earlier in the day.
It seemed that Kavanaugh was headed for trouble when he couldn't properly answer and deflect the crafty questions of Senator Durbin (D. Illinois) who asked him if-based on his opening statement in which he said he welcomed any investigation of the allegations-he would join in the Democrats call for the FBI to investigate. Durbin referenced Kavanaugh's time in the White House where he used the FBI to vet other judicial appointments. Durbin then- with some theatrics- asked Kavanaugh to lean over and tell White House Counsel Don McGahn to let the FBI investigate the allegations.
To the rescue of the beleaguered Judge first came committee Chairman Grassley (R. Mars) who bellowed that he was running this confirmation hearing, not the White House and not even Judge Kavanaugh.
Then, in the ultimate display of theatrics on day when high-drama was the norm in the normally staid senate, Senator Graham (R. South Carolina) asked for time and, disdaining the hired-gun prosecutor from Arizona that he and his colleagues had hid behind in the questioning of Dr. Ford earlier in the day, began a diatribe against the political nature of Supreme Court confirmation proceedings (Gasp!) and bellowing about the injustice of the worst thing he had ever seen in politics.
Senator Graham seemed to light a fire under the Republicans, who shuffled out of the first part of the hearings after Dr. Ford testified as if they were the Cleveland Browns playing the Patriots any time in the last decade. All of the sudden the need for the prosecutor from Arizona disappeared and she was never heard from again as Republican Senators took over the questioning of Judge Kavanaugh, asking him such pertinent questions of whether he believed in the almighty, and if so, if he could look his interlocutor in the eyes and tell him he didn't sexually assault anyone.
To the surprise ofeveryone no-one, Judge Kavanaugh denied ever sexually assaulting anyone.
Rumpole says: We have a been a voice in the wilderness for years about the unreliability of eyewitnesses. The science proves that memory in inherently unreliable. Dr. Ford's testimony was compelling. And believable. But we know that even if she believes it, it doesn't make it true. Judge Kavanaugh may well be innocent and if this was a criminal trial, there is nothing close to proof beyond a reasonable doubt. Not Guilty; even a JOA.
But this isn't a criminal trial. And that's where this gets hard. Judge Kavanaugh appears to have been a drunken lout in high-school and college. His explanation of the things in his yearbook, especially the Alumni society thing, and FFFFFF do not ring true-indeed we are convinced he outright lied.
And yet, his defense of himself-that he has placed more female clerks on the US Supreme Court than any other judge, and his considerable time spent with female law clerks, female law students, and his coaching of a high-school female basketball team with nary a complaint about his behavior is a powerful defense that he treats all women with respect and dignity. You don't just stop being a sexual predator. If he was trying to rape women in high-school and college, we believe the conduct would have continued throughout his adult career, absent intensive therapy- which could have well occurred.
So in the final analysis, what should happen here?
It is so very hard to say. We are leaning towards the belief that the Judge should not be confirmed. However, we are not sure. It's a very tough call.
Judge Kavanaugh was angry, combative, and outraged at what he and his supporters called the unsubstantiated allegations against him. His opening statement was as compelling as the testimony of Dr. Ford earlier in the day.
It seemed that Kavanaugh was headed for trouble when he couldn't properly answer and deflect the crafty questions of Senator Durbin (D. Illinois) who asked him if-based on his opening statement in which he said he welcomed any investigation of the allegations-he would join in the Democrats call for the FBI to investigate. Durbin referenced Kavanaugh's time in the White House where he used the FBI to vet other judicial appointments. Durbin then- with some theatrics- asked Kavanaugh to lean over and tell White House Counsel Don McGahn to let the FBI investigate the allegations.
To the rescue of the beleaguered Judge first came committee Chairman Grassley (R. Mars) who bellowed that he was running this confirmation hearing, not the White House and not even Judge Kavanaugh.
Then, in the ultimate display of theatrics on day when high-drama was the norm in the normally staid senate, Senator Graham (R. South Carolina) asked for time and, disdaining the hired-gun prosecutor from Arizona that he and his colleagues had hid behind in the questioning of Dr. Ford earlier in the day, began a diatribe against the political nature of Supreme Court confirmation proceedings (Gasp!) and bellowing about the injustice of the worst thing he had ever seen in politics.
Senator Graham seemed to light a fire under the Republicans, who shuffled out of the first part of the hearings after Dr. Ford testified as if they were the Cleveland Browns playing the Patriots any time in the last decade. All of the sudden the need for the prosecutor from Arizona disappeared and she was never heard from again as Republican Senators took over the questioning of Judge Kavanaugh, asking him such pertinent questions of whether he believed in the almighty, and if so, if he could look his interlocutor in the eyes and tell him he didn't sexually assault anyone.
To the surprise of
Rumpole says: We have a been a voice in the wilderness for years about the unreliability of eyewitnesses. The science proves that memory in inherently unreliable. Dr. Ford's testimony was compelling. And believable. But we know that even if she believes it, it doesn't make it true. Judge Kavanaugh may well be innocent and if this was a criminal trial, there is nothing close to proof beyond a reasonable doubt. Not Guilty; even a JOA.
But this isn't a criminal trial. And that's where this gets hard. Judge Kavanaugh appears to have been a drunken lout in high-school and college. His explanation of the things in his yearbook, especially the Alumni society thing, and FFFFFF do not ring true-indeed we are convinced he outright lied.
And yet, his defense of himself-that he has placed more female clerks on the US Supreme Court than any other judge, and his considerable time spent with female law clerks, female law students, and his coaching of a high-school female basketball team with nary a complaint about his behavior is a powerful defense that he treats all women with respect and dignity. You don't just stop being a sexual predator. If he was trying to rape women in high-school and college, we believe the conduct would have continued throughout his adult career, absent intensive therapy- which could have well occurred.
So in the final analysis, what should happen here?
It is so very hard to say. We are leaning towards the belief that the Judge should not be confirmed. However, we are not sure. It's a very tough call.
ROUND ONE TO FORD
Dr. Ford's testimony before the Senate Judiciary Committee (Motto "11 angry white male republicans remaking the judiciary in their image since 2014") has been a slam dunk for Ford. This putative prosecutor, behind whom the republican members of the Judiciary Committee are hiding, is, to use a singular and technical legal phrase-awful.
One cannot help but wonder what Republican Susan Collins of Maine, who is likely watching these proceedings from her office, is thinking. All that is needed to defeat this nomination is two Republican nay votes. If Collins comes out publicly against Kavanaugh, the dam will break and he will be headed to inglorious infamy along side the names of , inter alia, John Parker (Hoover), John Marshall Harlan II (Ike) who wasn't reported out of committee for his "ultra-liberal views"Clement Haynsworth (you don't see many people named Clement these days), Harold Carswell -both Nixon nominees that paved the way for Harry Blackmun, Douglas Ginsberg and Robert Bork, (Reagan) paving the way for Tony Kennedy.
One cannot help but wonder what Republican Susan Collins of Maine, who is likely watching these proceedings from her office, is thinking. All that is needed to defeat this nomination is two Republican nay votes. If Collins comes out publicly against Kavanaugh, the dam will break and he will be headed to inglorious infamy along side the names of , inter alia, John Parker (Hoover), John Marshall Harlan II (Ike) who wasn't reported out of committee for his "ultra-liberal views"Clement Haynsworth (you don't see many people named Clement these days), Harold Carswell -both Nixon nominees that paved the way for Harry Blackmun, Douglas Ginsberg and Robert Bork, (Reagan) paving the way for Tony Kennedy.
Tuesday, September 25, 2018
COURTHOUSE COMPLAINT DESK
With Festivus approaching, it is necessary for the airing of grievances, Here are a 100 beefs... in all shapes and sizes;
1. The down escalator between the 3rd and 4th floor.
11. Lawyers that do not return emails.
concerning their case so they may cast their spells.
car).
Sun Sentinel.
30. Attorneys doing unnecessary, over-the top dog & pony shows
during
calendar calls.
40. The correctional officer that screws up the jail cards
results.
50. Judges more interested in playing it safe than doing the
trials.
60. Defendants that wear apparel that celebrates booze,
70. The whole circus that embodies the judicial election
your criminal defense attorney to simply just "get your case
dismissed so you don’t have immigration problems”.
since they’re on a lengthy probationary period anyway, they
have ample time to pay. What a money grab!
speedie trial rights.
nothing to do
with driving!
80. Conniving televangelists.
90. How Harvey Ruvin did away with the very necessary
of the Supremacy Clause.
100. Judgmental lawyers thinking their poop doesn’t stink and
making lists like this (Detractors, I
sails)
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