The U.S.Supreme Court came down with 2 important decisions yesterday re Trump’s tax returns. Both not good for him.
His returns and other financials will definitely become part of the Manhattan District Attorney’s case. The other case involves subpoenaed Trump tax returns by Congress. Probably will be enforceable. However not as certain as the Manhattan D.A.’s case.
The specifics of the cases not of concern here. The information is already well known via media announcements since yesterday morning.
A significant portion of my practice involved federal court cases. Especially the environmental ones.
The federal courts are overloaded. Too many cases. In every federal court I appeared. The scene always the same.
Part of trial work involves motions. Legal arguments. No clients, no jury. Only the judge and attorneys involved. A point of law to be resolved. Generally important to the case. A successful motion could mean immediate victory then and there.
Judges never broke for lunch. They continued to hear legal arguments through the lunch hour. Eating a sandwich and drinking a can of soda while so doing.
The federal courts then and now overloaded and not enough judges.
The paper work involved in trying a federal case is overwhelming. More for the attorneys involved, rather than the judges. Reams of required responses to relatively unimportant items. Required several days to prepare at the attorney end and time later by the judge’s clerk to review.
The system requires more judges. Problem is the politics of it all. Takes forever, sometimes years, for a nominee to be approved to any of the federal courts.
Ergo. federal cases take on a life of their own. The Manhattan D.A. one around 4 years so far. The Congressional one almost 2 years.
One of the first things taught in law school is Justice delayed is Justice denied. The present federal system has too much delay built into it. The Rules of Court must change.
The paper work must be cut back dramatically. Judges need 1-2 more law clerks each. The law clerks are former brilliant law students who research the law and often prepare rough drafts of the judge’s decision.
The entire system must be looked at and changes made. All to accelerate the process.
What galled me when I was practicing and galls me even to day when I am a retired observer is the wasted years before a decision is rendered. Legal cases sitting for several years to be reached resolve no one’s problems. The pain is now, the resolution should be now. Not 4-5 years hence.
My other concern involves the number of Supreme Court Justices. Every year there is clamor anew for an expansion of the Court. Not because of the time factor. Rather, politics.
Politics will never be fully removed from the process. It is the way it is.
In order to make it possible for Supreme Court cases to move faster, two things are required.
More clerks. For the reasons set forth hereinbefore.
Additionally, the Supreme Court rules themselves must be adjusted to meet the expediency of the times. The Manhattan D.A. decision favors the D.A. However, it must first go back to the trial court for review and application. More delay.
Whether Trump lied on his taxes and financials will not be public knowledge before the election. Not right. The people should know whether their President is a thief before they vote on him again.
My solution again two fold. Redo the court rules to accelerate the process and add 1-2 law clerks to each judge at each level to assist in moving cases faster.
Even a federal judge has the right to a leisurely lunch hour.
The other thing that bothers me is the excitement because Gorsuch and Kavanaugh voted with the Court’s liberal block in both cases.
Judges are human. The black robes do not make them any less people. They are driven by the same motivations and desires as any one else.
I suspect the two may have voted as they did to show the Nation they are not die hard far right Republicans who blindly support Trump. They are cleansing themselves.
See how many times they vote with the liberal block over the next year.
Can’t wait to read Trump’s niece’s book concerning Uncle Donald. Too Much and Never Enough.
She claims Trump paid someone to take the SAT exam for him. Would not surprise me. This past year has seen several parents arrested who arranged the same for their children. I am familiar with a former judge who had a friend take his LSAT exam for admittance to law school so he would be sure to pass and get in.
Trump continues to threaten to cut school funding if schools do not reopen. A tyrannical way to govern. My way or the highway.
Trump has screwed up how the country should be dealing with coronavirus. Look at the numbers! Now he wants to set our children up to die. Merely to get parents back to work. The economy, economy, economy!
Some additional comments I have come across in response to Trump’s cry to reopen the schools.
“I feel fine. I paid somebody to take my coronavirus test.”
“Mr. President, you are a complete buffoon.”
“Who is he going to blame when the kids start getting sick?”
“There is no way that I am going to sacrifice my precious kids to the deadly pandemic! Never!!!”
“He allowed the enemy to murder our men and women who give their lives for our country. You really believe the narcissist psychopath cares about our little ones?”
“The poster child for the face of evil. He’s a bully, full of fear.”
Beginning today, this blog will also appear every day in KONK Life E-Blast.
I am excited.
The picture KONK publisher Guy de Boer picked out of his photo morgue is of me some years ago in Greece. I am on Amorgos and sitting under a overhang at my favorite Amorgos restaurant. I went over late morning each day to do my blog. Ate lunch while there. Spent several hours writing and taking in the scenery.
The restaurant was nothing fancy. Nothing on Amorgos was. Interesting, however.
Greek men sing and dance all the time. Without the ladies.
Frequently about a dozen Greek fishermen would appear at the restaurant for lunch. Joined by the village priest. They sang as a group for a couple of hours.
Me, my blog, some good Greek food, and them! What more could I ask for?
Key West is getting back on the ball in fighting the virus. We were doing well. Then the political leaders succumbed to the cries of the businessmen and reopened our community.
The numbers have gone up.
The writing is on the wall.
As of today, all bar service and bar counters is closed to seating and consumption.
Good! Will dissuade the mainland folks from coming to Key West weekends to party. They bring their germs with them. We do not need them to infect us.
Governor De Santis has done a wonderful job. He has Florida totally screwed up with the virus. Understandable why. He sucks up to and follow Trump’s dictates. Trump says De Santis is the best governor in the U.S. No wonder.
U.S.1 should be closed again. All non-residents banned from entering the Keys. I believe our County and City officials want to do so. De Santis has the final say. So far, no.
May Johnson’s heart continues throbbing for boy friend Ernest who lives and works in Miami. Her suffering appears minimal only. Most evenings she is at La Brisa dancing with everyone.
For this day in 1896, May wrote in her diary: “1 year ago tonight I met my darling. Oh! Happy thought.” A few lines later, May reported: “Went to La Brisa. I danced all dances but two.”
No blog tomorrow. I will be spending the morning at the hospital taking tests. Not for coronavirus.
I am upset. This is day 120 of my self-quarantine. I have left the house only 2 times. Each for less than an hour. To see the doctor. Now I have to go to one of the worst places to be at this time.
Enjoy your day!