old ex-lawyer on the lam from life, in Key way way west of weird, ponders the heartfelt joys and pains in the ass of the 1st Amendment on the day before July 4th, 2017
ex-lawyer moi, on the lam in Key West
Last night, my dreammaker slam-dunked something I thought I might publish today. Toward rising time, my mainland hoodoo witch amiga came to me in a dream and said she hoped lawyers can read what I publish. I had no clue what that dream meant. But after going online this morning, I saw some morsels in the local and national mullet wrappers.
Before going there, however, I want to report that local ex-lawyer sidewalk mullet wrapper salesman Dickford Cohn might be pleased to know that I gave my new hammock a tryout at Fort Zachary State Park the day before yesterday, and it was a lot more comfy than sleeping on top of my rubber yoga mat in my clothes and contaminating picnic table tops with my butt crack, so that Dickford would never want to eat at those picnic tables.
I wondered if Dickford ever was in that state park? I wondered, because I see grownups and children in bathing suits sitting on picnic table tops all the time. Perhaps Dickford could get hired as special park ranger whose sole duty is to keep butt cracks off picnic table tops. During that tour of duty he might also see quite a few hammocks slung between Australian pine trees. The other day, I saw 6 slung hammocks, besides mine, less than 50 yards from each other. Don't know why it took me so many years to get myself a hammock, for which a friend reimbursed me last night.
Perhaps after a few weeks on the job, Dickford could send the Key West Citizen a guest editorial reporting that, with the aid of copious amounts of liquid bleach, he has made the picnic table tops in Ft. Zach safe for human dining again. Maybe that guest editorial will come to the eye of Donald Trump's local environmental adviser, Ed Russo.
Maybe an ever grateful President Tump will make ex-lawyer Dickford special park ranger emeritus in charge of getting all butt cracks off of picnic table tops in all US parks. Maybe that making America great again crusade will put Dickford next in line for US Attorney General or FBI Director.
Moving up, or down, the law and order let freedom ring food chain, my ex-lawyer thoughts trailing ...
Court: CRBs can’t subpoena officers
By Adam Linhardt Key West Citizen July 3, 2017
The Florida Supreme Court has ruled that independent police review boards that operate at the community level such as the Key West Citizen Review Board don’t have the legal authority to subpoena sworn police officers.
Specifically, the matter was brought to the court by the Miami Civilian Investigative Panel and the Fraternal Order of Police Officers, the latter of which has historically challenged the legality of such review boards.
The court ruled that the Florida Police Officer’s Bill of Rights protects police officers from having to testify before such boards and in a lengthy opinion stated that local governments cannot pre-empt the laws made at the state level.
The court, however, upheld subpoena powers to all others, including witnesses, video evidence, documents and other evidence.
“The court really struggled with whether or not CRBs in general are pre-empted (by the Officer’s Bill of Rights), but concluded they are not,” said CRB attorney Robert Cintron.
The Key West CRB rarely issues subpoenas to police officers and has only done so once in roughly the last 10 years. And that subpoena was withdrawn when the board was able to gather information from an alternate source.
“It’s not going to have a big impact on the CRB,” Cintron said. “We’ve had one incident where a subpoena was issued, but received the evidence elsewhere. I don’t think we’ve come close to needing to subpoena a police officer since, so I don’t think it will be much of an impact as to how the CRB operates.”
Key West Police Chief Donie Lee agreed.
“This really doesn’t change the way the Key West Police Department does business with the CRB,” Lee said. “This question ultimately needed to be answered. I’m glad Florida’s high court finally has resolved this issue.”
The Key West CRB is a volunteer, independent board that reviews complaints made against only Key West police officers, not Monroe County Sheriff’s Office deputies.
The board does not have the power to discipline officers, but can make disciplinary recommendations to Chief Lee and City Manager Jim Scholl if they find a complaint is justified.
My ex-lawyer thoughts:
The next CRB article Adam Linhardt might write could track how the CRB came a shadow of its original self, a police protection board. A sibling of the police benevolent association. To research that article, Adam might first interview the first CRB chairman, Todd German. And then interview retiring CRB member, Tom Milone. Then, Adam might wish to interview the fellow who fathered the formation of the CRB, Dennis Reeves Cooper, who back then published Key West the Newspaper (thebluepaper.com) on paper every Friday. Then, Adam might wish to interview the current publishers of the blue paper every Friday at the bluepaper.com. Naja and Arnaud Girard took the blue paper to heights that caused me to recommended it for several Pulitzers and liken it to Al Jazeera.
Now don't get me wrong. Don't think I'm out to get KWPD. Not hardly. Without KWPD on the job, Key West would be kinda like Dodge City of old. Key West would be overrun by naked motorcycle gangs and drug cartels and drunk and/or drugged zombie wanna be Dirty Harry death star slinging ninjas on foot and driving motorized weapons of mass destruction. Key West would be the wild, wild west. It would be like, hmmm, the White House? Our great white father.
Justice Official Quits Because It's Impossible To Enforce Better Behavior Than Trump's, my ex-lawyer thoughts trailing ...
A top Justice Department corporate crime expert has quit, complaining that it’s impossible to demand higher standards from suspected lawbreakers than those followed by Donald Trump.
Hui Chen, who was the compliance counsel in the fraud unit of the criminal division of Justice, discussed her reasons for quitting in depth in a Linked In post. She complained that it was impossible to sit across from corporate representatives and demand conduct that is under siege in the White House.
“Trying to hold companies to standards that our current administration is not living up to was creating a cognitive dissonance that I could not overcome,” Chen wrote in her post, which was first reported by the International Business Times.
“Even as I engaged in ... questioning and evaluations, on my mind were the numerous lawsuits pending against the president of the United States for everything from violations of the Constitution to conflict of interest, the ongoing investigations of potentially treasonous conducts. Those are conducts I would not tolerate seeing in a company, yet I worked under an administration that engaged in exactly those conducts. I wanted no more part in it.”
Chen, who left the department in June, has posted several tweets critical of the administration.
Chen explained that she now believes she can effect more change outside the government than from within.
“Nothing matters to me more than working to restore the notions of integrity, decency, and intellect back into our government,” she concluded. “I want to help elect candidates who stand for those values, and I cannot do that while under contract with the Criminal Division due to Hatch Act restrictions.”
The Hatch Act forbids federal employees in the executive branch from using their position to sway political elections.
Last week, the nonprofit watchdog organization CREW — Citizens For Ethics and Responsibility in Washington — accused America’s United Nations Ambassador Nikki Haley of breaking the Hatch Act by illegally endorsing a GOP candidate in a South Carolina congressional election.
Chen said she will “also consider it my personal mission to participate in efforts to hold our elected representatives accountable and to protect our environment.”
The Justice Department touted Chen’s hiring in late 2015. The former New York federal prosecutor monitored programs bringing companies into legal compliance after suspected criminal activity.
President Trump has destroyed Fake News CNN in a recent video he posted to his personal Twitter account! Are You tired of winning?
President Donald Trump took his feud with the media to a new level Sunday morning, tweeting out an edited video that shows him body-slamming a person with the CNN logo superimposed on his head at a wrestling match.
The video is from a 2007 World Wrestling Entertainment (WWE) event where Trump body-slammed and repeatedly punched WWE Chairman Vince McMahon.
The tweet comes just days after his Twitter attack on "Morning Joe" hosts Mika Brzezinski and Joe Scarborough drew bipartisan condemnation, and just over two weeks after the president called for national unity in the wake of a shooting targeting GOP congressmen, which initially left Rep. Steve Scalise in critical condition.
Asked Thursday about whether the president's heated rhetoric on Twitter contributes to creating a violent atmosphere, White House Deputy Press Secretary Sarah Huckabee Sanderssaid the president has never suggested the use of violence. She defended his actions as self-defense.
"The president in no way form or fashion has ever promoted or encouraged violence. If anything, quite the contrary. And he was simply pushing back and defending himself," Sanders said Thursday.
CNN's Senior Media Correspondent Brian Stelter posted a statement from CNN on Sunday morning, which said the president's behavior is "far below the dignity of his office."
Trump accompanied the video with a caption, simply saying, “#FraudNewsNetwork” and “#FNN.”
Sunday’s tweet is just the latest in the president’s online crusade against CNN, MSNBC, and other media outlets. Trump has been feuding with “Morning Joe” hosts Joe Scarborough and Mika Brzezinski all week, referring to the pair as “low I.Q. crazy,” “dumb as a rock,” and “psycho” on multiple occasions.
Anyone actually surprised by Trump's behavior did not follow his candidacy in 2016. Or is brain dead. Or is an idiot. Or is not surprised but feels need to act surprised to save face. Or is in denial. Or is lying. Or loves Trump. I figure tens of millions of Americans love Trump. Love how he is going about being President.
I told Key West the Newspaper publishers (thebluepaper.com) Arnaud and Naja Girard last night at their home, after they showed me President Trump's pro wrestling debut video, if political and poetic satire are made criminal, then Americans can lean over and kiss their freedom asses goodbye. And, that the rest of the world (everywhere but America) can't wait to get up in the morning and see on TV what Trump has done next. He is the best TV show in history. Pure cemetery black gallows comedy theater. There is no other way to watch it and not go nuts or into total denial.
Meanwhile, I opine that any foreign government leaders who make a deal with Trump for their respective countries have not been following Trump. Or are brain dead. Or are idiots. Or are getting money personally out of it.
China is laughing all the way to bank and will continue doing so, thanking Trump every step along the way.
Even so, Trump has as much right under the 1st Amendment to mock American news media and journalists and movie actors, as they have to mock him. The doctored fake pro wrestling video of Trump slam-dunking CNN is the 1st Amendment at its finest. As is what the media, Hollywood, members of Congress and any other Americans are dishing back to Trump.
Long live the 1st Amendment!
Without it, America would be no different from China, Russia, Iran and North Korea.
Without it, you would be ever at risk for speaking your mind.
Without it, I would not be able to publish this blog.
Won't surprise me if Trump tries to get a court to restrict what people publicly say about him. He should hire Judith Haney, of Leeds, Alabama, to head up his legal team.
Meanwhile, I'm hoping to see a repeat of last 4th of July, when a nudist biker gang showed up at Smathers Beach in Key West to celebrate their freedom of expression.