Friday, June 23, 2017

Dear Florida Supreme Court: OMG.



Hi it's Friday be happy yada yada yada but what about this:
When the sun goes down Jan. 7, 2019, Florida’s governor will be Rick Scott, and Barbara Pariente, Peggy Quince and R. Fred Lewis will almost certainly be justices on the state Supreme Court.
When the sun comes up Jan. 9, all four will be out of office. Scott, who is term-limited, will have handed off his duties to Florida’s next governor — whoever that may be. The three justices’ terms will be over as well, and all three are past the mandatory retirement age.
But what happens on Jan. 8? Scott says he intends to fill those three vacancies on his way out the door. A coalition of citizen groups headed by Florida’s League of Women Voters says he doesn’t have that authority — a position seemingly validated by voters, who rejected a constitutional amendment three years ago that would have clearly put the decision in Scott’s hands.
So, my fancy Federalist friends who swill chardonnay and eat nice whores de vores at the Bankers Club , or whatever, but then complain about The Black One and "bitter guns/religion/arugula" -- you guys know what I mean?

It's hypocritical, man -- what happened to strict constructionism, originalism, and basic conservative legal principles?

The Hyman abides.

Read more here: http://www.bradenton.com/opinion/editorials/article157817889.html#storylink=cpy

Thursday, June 22, 2017

Bobby Gilbert Reminds You of Who?

No no no no, not citrus canker.

I want to say Woody's best friend in Manhattan, turns out the guy's name is Michael Murphy?


You know, that kind of smart, quiet, almost regal egghead bearing.

Is there someone else?  I know there's somebody.....

But what the State has spent to screw over innocent citrus tree owners over the last decade is a total and utter shonda, it's wrong and the civil justice system is worthless if it is not finally corrected-- no better than a third world authoritarian nightmare run by an Orange despot -- sorry -- oh well, it's still way wrong.

Wednesday, June 21, 2017

3d DCA Watch -- As the General Hospital Turns Edition!


Yada yada yada various denizens in the Bunker emitted this very timely written utterance:

summary judgments require there by no genuine issues of material fact and the movant is entitled to judgment as a matter of law.

I'm paraphrasing!

Young gun lawyers, if you don't know this when you start practicing start learnin', kiddos.

But what is to be learned from this opinion?

Happy Wednesday!





Tuesday, June 20, 2017

Flippers Who Care!



When it comes to flipping, I can't think of anything more important today than flipping GA06. #voteyourOssoff
Abigail and John Pilger call themselves fiscal conservatives. They’ve voted for House Republican candidates for decades. Both have even donated money to previous campaigns of Karen Handel, the Republican candidate in Georgia’s upcoming special election.
But on Tuesday, the Pilger family plans to cross party lines to do something they once considered unthinkable — voting to elect a Democrat to Congress. “[Handel] is a Republican, and I don’t want a Republican representing my district in this era and in these times,” said Abigail Pilger, 73, in an interview at a Starbucks. 
Traditionally Republican voters like the Pilgers are essential for understanding why Democrat Jon Ossoff, 30, even has a chance Tuesday in a district that Rep. Tom Price won by more than 20 points this fall, and that Democrats haven’t held for decades.
Flipping is important. Especially this kind.
A veteran federal prosecutor recruited onto special counsel Robert Mueller's team is known for a skill that may come in handy in the investigation of potential ties between Russia and U.S. President Donald Trump's 2016 campaign team: persuading witnesses to turn on friends, colleagues and superiors.
Andrew Weissmann, who headed the U.S. Justice Department's criminal fraud section before joining Mueller's team last month, is best known for two assignments - the investigation of now-defunct energy company Enron and organized crime cases in Brooklyn, New York - that depended heavily on gaining witness cooperation. Securing the cooperation of people close to Trump, many of whom have been retaining their own lawyers, could be important for Mueller, who was named by the Justice Department as special counsel on May 17 and is investigating, among other issues, whether Trump himself has sought to obstruct justice. Trump has denied allegations of both collusion and obstruction.
"Flipping" witnesses is a common, although not always successful, tactic in criminal prosecutions.
Robert Ray, who succeeded Kenneth Starr as the independent counsel examining former President Bill Clinton, noted that Trump's fired former national security advisor, Michael Flynn, has already offered through his lawyer to testify before Congress in exchange for immunity, suggesting potential willingness to cooperate as a witness. "It would seem to me the time is now to make some decisions about what you have and what leverage can be applied to get the things you don't have," Ray said, referring to Mueller's team.
But neither of these are my favorite type of flipping, but I won't get into that here. 

Monday, June 19, 2017

Dear Lawyers, What Are Your Views On Parrot Jungle?


Or whatever they are calling it nowadays.

Let's start with this nice fella:
Lawyer Tim Ross, who lives in Brickell, said what was missing was simply charm.
“It doesn’t know what it wants to be when it grows up,” Ross said.

Read more here: http://www.miamiherald.com/news/business/article156710784.html#storylink=cpy
Ok, I agree completely with Tim's assessment, it's just that it seems a little random.

Wait a sec -- if it's this Tim Ross, I take it all back.

This dude belongs to the Florida Bar's "Animal Section"!


 Oops -- "Animal Law Section"! 

Carry on plebes.

Friday, June 16, 2017

The Beauregard of No Regard


The most shocking thing to come out of Attorney General Jeff Sessions' testimony this week, aside from his frail and fading memory, was the fact that the chief law enforcement officer of the U.S. was not briefed and had little knowledge of the Russian cyber attack on our elections. This cyber attack was one of the most serious attacks on our nation since 9/11. 

I'm puzzled as to why Sessions would not have been briefed even with the recusal.
A former CIA analyst warns the Trump administration’s approach to Russia’s interference in the 2016 election is comparable to how the the Bush administration treated warnings about Al-Qaeda before 9/11.

Russia’s influence and propaganda “is continuing in the United States and across Europe,” said Nada Bakos, a former CIA analyst and targeting officer during an interview on MSNBC ahead of Attorney General Jeff Sessions’ testimony Tuesday.

Bakos said that the American intelligence community is “getting frustrated because they're probably trying to get policymakers’ attention.”
“To me it's probably a little like pre-9/11 when there was pre-warning analysis being written and delivered to policy makers and they're not really getting any feedback or any strategies,” she said.


We deserve better.

Thursday, June 15, 2017

Political Blitzkrieg

In the future there will be so much going on that no one will be able to keep track of it ~ David Byrne 

We are in living in that future now. Seriously. I haven't been able to post much lately. Much of that can be attributed to my 2 jobs and demanding love life, but it's also because there is so much happening at once it's becoming increasingly difficult to focus on any one subject.

Any one or two of these issues would be enough to demand our full attention, but together they are overwhelming.
No, I don't think Trump, someone who is probably very proud of himself when he ties his own shoe, is behind all this. Although I can think of someone close to him who is undoubtedly familiar with Nazi techniques. Bannon is also a self-describe "Leninist"  and stated “Lenin wanted to destroy the state and that’s my goal too." “I want to bring everything crashing down and destroy all of today’s establishment.” 

Looks like he's got a good head start.

Wednesday, June 14, 2017

3d DCA Watch

I'm not feeling humor, jealousy or snark, even with the characteristically parsimonious offerings from the Bunker.

Judge the 3d DCA opinions for yourselves, here.

Tuesday, June 13, 2017

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
 

Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the feeling with him, lawyering was a means to an end.

For Richard, the end was being the best Father he could be.

For the better part of 14 years, Richard would leave Miami every other weekend, and then some, to travel to Virginia to spend 3 days with his daughter. Nothing stopped him. Ever.    

When she was younger and would visit him in Miami, Richard and his daughter would come to the house because we had a child the same age. He was himself, when he was with her. She was everything to him.  When he was in her orbit, you looked at him and saw someone who was in the world but not of it.

The news of his death indicated that Richard drowned in Virginia, I assume spending time with and swimming with his daughter because he had no other reason to be there, no other family there.  I can't get my head around it. 

Richard introduced me to bourbon. He is humble, so Knob Creek and Maker's Mark. On occasion he talked to me about Pappy's, to educate me, and to this day I've never had Pappy's.  I think I won't.

I love you, Richard. You did really, really well. You remain an example to many, although you don't know it.

She will shine brightly. I will help watch out for her, in whatever way I can.



The clock is ticking.

Make it count.

Alex Acosta is the New Marco Rubio!


I lived the sixties, so I love a love fest as much as the next person.

It was fantastic to see Alex (or at least the top of his head) as he grabbed his 4 seconds of fame, showing love!

Play the clip in the article - at 1:30 in - Alex gets his turn!
Labor Secretary Alex Acosta, opened up by saying, "Mr. President, my privilege to be here. Deeply honored. I want to thank you for your commitment to the American workers..."
I always say, Alex is such a good boy.