Patterico's Pontifications

1/25/2018

Judge’s Intemperate Comments in Sentencing Gymnastics Doctor Probably Not a Ground to Reverse the Sentence

Filed under: General — Patterico @ 9:30 am



You have no doubt heard about the case of Larry Nassar, the gymnastics doctor who pled guilty to 10 counts of criminal sexual conduct with girls under the age of 16. After several days of victim impact statements from over 160 girls (!), the judge sentenced him to 40 to 175 years in prison.

As the TV cameras rolled, the judge pulled no punches in her comments from the bench. She made the comment “I just signed your death warrant” and told Nassar he should never walk a free man again. In probably the most eye-opening statement, she apparently said: “Our Constitution does not allow for cruel and unusual punishment. If it did, I have to say, I might allow what he did to all of these beautiful souls—these young women in their childhood—I would allow someone or many people to do to him what he did to others.”

Now some people are claiming that the judge’s grandstanding during the sentencing might endanger the sentence:

Maybe he can appeal, but I doubt the sentence would be reversed as a result of these comments.

There was definitely some media showboating going on here. During sentencing, a judge is entitled to serve as the conscience of the community, and send a message to the defendant that his conduct is criminal and unacceptable and deserves to be punished. That said, fantasizing about the defendant being raped is intemperate and inappropriate. However, I doubt that an appellate court is going to reverse the sentence for that.

In my career I have heard, or heard about, judges delivering zingers from the bench at sentencing. They can indeed pose problems on appeal. For example, at the sentencing for a particularly nasty gang member whom I prosecuted for murder, the defendant’s lawyer told the judge that the defendant should be praised for taking the stand and giving testimony that exonerated his co-defendant. The judge replied: “I think he should be put up against a wall and shot.” Then the judge sentenced the defendant to the maximum, which was over 100 years to life. The judge’s comment became an issue on appeal, and the appellate court said that the comment was intemperate and inappropriate. However, they declined to reverse the sentence, saying that the judge had very little discretion in any event, and that any anger the judge was expressing was based, not on some unrelated prejudice, but rather on the defendant’s conduct as revealed at the trial.

Here’s a story of a zinger that poses no grounds for appeal. Legend has it that a defendant in Los Angeles County received a long and richly deserved prison sentence for crimes of violence. As the defendant was being taken out of the courtroom, he yelled at the judge: “Judge, I can’t do that much time!” The judge looked calmly at the defendant and said: “Do as much as you can.”

It’s unfortunate that TV cameras so often turn courtrooms into circuses. From Judge Lance Ito’s embarrassing performance in the O.J. Simpson case to this judge’s fantasies about prison rape, the cameras turn everyone into carnival performers. But I don’t see the sentence here getting reversed because of a little showboating.

[Cross-posted at RedState and The Jury Talks Back.]

173 Responses to “Judge’s Intemperate Comments in Sentencing Gymnastics Doctor Probably Not a Ground to Reverse the Sentence”

  1. judges are so trashy emotive and entitled anymore

    it’s not just becoming a thing

    it’s the new normal

    happyfeet (28a91b)

  2. The Judge claims to media hounds it’s not about her but she sure played to the script that polishes her public image. The perp made his excuses but he doesn’t really get it so she decided torture isnt mean enough.

    Ben burn (2e8baa)

  3. This judge’s 15 minutes of fame, and she wasn’t going to let propriety or anything else stand in her way.

    Colonel Haiku (404947)

  4. Virtue signalling from the bench? In a sex assault case? Shirley, you jest.

    Ed from SFV (3400a5)

  5. I’ve been to court for fishing without a licence. A couple of times at traffic court. By and large I thought the judge pleasant and even entertaining. No lives were altered by the fines handed down.

    Is this the usual behavior for a judge in a criminal case?

    papertiger (c8116c)

  6. I was less concerned – not wholly unconcerned, but less concerned – with the judge’s remarks being grounds for appeal than I was with the fact that any intemperance or sign of personal vindictiveness by a judge is a bad, bad look for the judiciary as a whole.

    Leviticus (efada1)

  7. Judges should struggle to pass the Turing test, or at least have the decency to appear to do so.

    Leviticus (efada1)

  8. I agree that this is not likely going to to reverse the sentence on appeal. But what a b!tch!

    nk (dbc370)

  9. Developing a theory.

    The long line of victims suggests this was a standard operating procedure at least in the OD’s mind.
    A guy who thinks he is doing wrong isn’t going to do this over and over again with celebrity clients.
    Since he thought he was doing no wrong, that this behavior was part of his assigned duties, was a visit to Larry Nassar a prerequisite for gymnasts?

    And if it was doesn’t that implicate USA Gymnastics as an organisation? Systematic abuse of children always seemed like it was baked into the cake, so to speak, but not sexual abuse, just the general abuse of “make that jump lazy” kind of pushing them abuse.

    If it were compulsary that gymnasts had to submit to Larry’s abuse then I can see the judge making a show to “burn out” these girls umbrage as a cover for other culprits in the USA gymnastics organization, so it doesn’t spill over into a general house cleaning.

    papertiger (c8116c)

  10. Make that “this is not *by itself* likely to reverse the sentence on appeal”.

    If on appeal, the defendants argues that the judge did not give sufficient weight to factors in mitigation and the appellate court finds those factors in mitigation substantial, then it might. But not if it does not find them substantial enough to likely affect the sentence if considered by an even-tempered and cool-headed judge.

    nk (dbc370)

  11. I think there is an important discussion to be had as to whether victim impact statements should take place before sentencing. Or is the sentence already locked in, before the impact statements take place?

    I say this as someone who represents priest abuse victims on a daily basis. The best way to maintain defensible theories of criminal justice and civil justice is to keep them as far away from each other as possible.

    Leviticus (efada1)

  12. Once again, if the judge is the story, from John Caverly to Lance Ito to this undisciplined tool, when the judge is the story, it’s almost always a bad thing.

    It may not be grounds for reversal but it certainly introduced a totally needless reason to appeal when the judge implies she wishes death, rape and torment and seems to regret protections against cruel and unusual punishment.

    To me the absolutely mind-blowing aspect of these cases is that apparently no one ever told these girls that if anyone with the program did anything that made them feel uncomfortable, much less abused, they were to immediately tell their parents. How on Gods green earth were so many abused by this creepy monster before word got out????

    harkin (8256c3)

  13. There was a judge named MD Crocker — now passed — in the ED of Calif. He was appointed by Eisenhower, and was still trying cases in the late 1990s, well into his late 80s.

    He had a folksly, grandfatherly demeanor, and I never heard him utter a mean or derogatory comment at anyone in any case.

    But it was always amusing that after he would sentence some drug dealer to 40+ years in prison, he unfailingly ended his comments to the defendant with a heartfelt and sincere “Have a nice day.” He really meant that.

    shipwreckedcrew (56b591)

  14. you could reduce the sentence, but the facts are clear, ito was a fool of a different shade, not Reginald Walton, or Emmett Sullivan in the original libby trial

    narciso (d1f714)

  15. Ed from SFV: my estranged husband lives (and I used to live) in a county where there’s going to be a recall election because of outrage over the low sentence a judge gave a perpetrator of sexual assault, and the positive comments he made about the criminal. So in a state with an elected judiciary, there’s a real incentive to showboat on these issues — as failure to could very well cost you your job.

    aphrael (e0cdc9)

  16. It’s a-Tony-baloney-mulligan.

    DCSCA (797bc0)

  17. The injury suffered by the victim is always relevant in both aggravation and mitigation. It even changes the degree of some substantive offenses. Or maybe I misunderstood you, Leviticus?

    nk (dbc370)

  18. as compared with Tanya chutkin, who absolved a certain Lebanese tycoon in his part in Nigeria’s recent past, I doubt it rises to the nature of an appeal,

    narciso (d1f714)

  19. justice has a sour maple syrupy taste

    https://www.therebel.media/ezra_levant_show_january_23_2018

    narciso (d1f714)

  20. I think the joke (or anecdote) is better worded as follows:

    Defendant: Judge, I can never live out that sentence.
    Judge: Son, do the best you can.

    LTEC (7100a8)

  21. Here’s another more expanded part of the theory. Judge Soul Sister was covering for quackery in general.

    Osteopathy is of the same school as acupuncture, chiropracticy, homeopathy, mesmerism, naturopathy, parapsychology, phrenology, aroma therapy, and witch craft. It’s astrology and mood rings with pentacost whoops and hollers, designed to defraud. Kissing cousins to debauchery.

    Kiddy diddling wasn’t far out of Larry’s way considering his profession.

    There has to be some culpability on a program that resorts to osteopathy as a matter of course.

    papertiger (c8116c)

  22. no I don’t buy it tiger, that wasn’t part of his job description, this is all his atty has got, although I imagine there are many who should join him in the dock,

    narciso (d1f714)

  23. Do they have an exorcist on call at USA Gymnastics? I mean why not for Christs sake?

    papertiger (c8116c)

  24. Doctors of Osteopathic Medicine are fully licensed physicians who practice in all areas of medicine.
    http://www.osteopathic.org/osteopathic-health/about-dos/what-is-a-do/Pages/default.aspx

    They simply have DO instead of MD on their diplomas. They can specialize in any specialty, from family practice to neurosurgery. I know DOs who are ophthalmologists and gerontologists. They would have a slightly better background for sports medicine and orthopedics but they’re not limited to that.

    papertiger, are you being paid to spread bullsh!t on the internet?

    nk (dbc370)

  25. Under different circumstances… https://youtu.be/KCUoNyQCpTc

    Colonel Haiku (404947)

  26. Correction… Bullish!t now known as Bullschiff

    Colonel Haiku (404947)

  27. “The injury suffered by the victim is always relevant in both aggravation and mitigation. It even changes the degree of some substantive offenses. Or maybe I misunderstood you, Leviticus?”

    – nk

    I think what I mean to say is that “injury,” for purposes of aggravation and mitigation – all terms of art, to an extent – should be assessed in a more regulated manner than the public airing of victim impact statements. If we are going to abide by strict rules of evidence and require high burdens of proof with regard to determination of guilt, does it make much sense to take the opposite approach with respect to the determination of aggravation and mitigation?

    Leviticus (efada1)

  28. It’s unfortunate that TV cameras so often turn courtrooms into circuses.

    It’s unfortunate that guns so often turn schools into crime scenes.

    DCSCA (797bc0)

  29. Read up on it. https://en.wikipedia.org/wiki/Alternative_medicine

    Andy Whitfield. Andy Kaufmann. I can only think of Andys off the top of my head, but no osteopathy is quackery. It kills people. The only reason it’s given a fig leaf of credit is because of the money Walmart makes selling copper socks and braclets.

    People who believe in it are the same type of people who preach anti-vaccination, global warming, and chemtrails.

    papertiger (c8116c)

  30. If we are going to abide by strict rules of evidence and require high burdens of proof with regard to determination of guilt, does it make much sense to take the opposite approach with respect to the determination of aggravation and mitigation?

    There is a movement in that direction starting with Apprendi v. New Jersey, but it’s still for enhancing a sentence beyond the statutory maximum. Overwhelmingly, the precedents are that just about anything, including un-examined hearsay, can be included in a sentencing report or hearing.

    nk (dbc370)

  31. *presentence* report

    nk (dbc370)

  32. Patterico, you and I sometimes have back and forth in the comments about Donald Trump – you always push hard but are respectful even when I disagree fundamentally.

    I don’t like censorship of any kind but have always been skeptical about cameras in the courtroom, and the Simpson trial cemented my dislike for them and my wish that they were kept out of courtrooms everywhere because I became convinced they distract participants in criminal or civil proceedings and many of them behave differently than they otherwise would. I always view that as bad though I suspect there may be as many times when it’s good but my confirmation bias makes it difficult to acknowledge that.

    Do you have thoughts about cameras in the courtroom, or have you put it out of your mind because you have to acknowledge it as a fact of life?

    Lazlo Toth (0699ca)

  33. The judge’s “I’m signing your death warrant” remark was way over the top. If I were on the relevant judicial disciplinary committee, I’d recommend a private reprimand for this entire stunt.

    Especially when the judge is intended to make a very public “statement” through sentencing, it needs to be done with absolute decorum. She should have excised every bit of snark and let the sentence speak for itself.

    I agree that it’s unlikely to reach the level of giving the defendant grounds to seek re-sentencing or other relief. But it’s the judge’s job in sentencing to avoid creating any grounds for that, and this judge blundered badly in that particular responsibility.

    Beldar (fa637a)

  34. *intended –> “intending to make a very public statement,” sorry.

    Beldar (fa637a)

  35. Meanwhile, evidence mounts of Obama involvement in Dinesh D’Souza’s selective prosecution.

    TheBas (f00165)

  36. “Judge, I can’t do that much time!” The judge looked calmly at the defendant and said: “Do as much as you can.”

    That’s a very old one. I first read it in one of the Rumpole books.

    Bored Lawyer (998177)

  37. lol “evidence”

    “Here’s what he thinks might have been done, given the taxpayer cash that went into pinning something, anything, on him:”

    Some evidence, that.

    Leviticus (efada1)

  38. 37 was for TheBas

    Leviticus (efada1)

  39. I have no problem with the judge’s “put up against a wall” comment, both for the reason given and for the incredibly asinine comment by the lawyer. That he got his co-defendant by testifying does not mean the co-defendant was innocent, just that he convinced the jury he might be. I suspect the officers in the case thought otherwise. Only two people benefited: the other defendant and his lawyer (mostly for not having to deal with any appeals. I doubt he ever saw a dime).

    Kevin M (752a26)

  40. — Mr. Smith, I’m going to give your ex-wife $2,000 a month in alimony.
    — That’s very nice of you, Your Honor. And I’ll try to give her a couple of bucks myself.

    nk (dbc370)

  41. She should have had two more judges come in and each of them hold up a sign

    40 – 175

    Pinandpuller (16b0b5)

  42. A TV camera is a tool… you know, like a gun.

    DCSCA (797bc0)

  43. Nk is correct but Osteopaths take considerably more than one class in nutrition and pursue healing rather than mere mechanics of medicine. They are physicians to a greater degree than MDs

    Ben burn (b3d5ab)

  44. When Kennedy returned, the two men took turns raping Becky. They finished and led her to the bridge. Becky was thrown over, plunging first into a ledge, then ricocheting into the deep water below. Kennedy and Jenkins spoke of how they needed to make certain she died before tossing her from the bridge.

    She didn’t. After paddling her broken body to shore, Becky spent the remaining, black hours waiting. She blanketed herself with rocks and her own waist-length hair.

    As the sun began to rise, she inched backward up the slick embankment, nude from the waist down. Unable to use her legs, Becky flagged down an elderly couple at the top of the canyon while lying in the dirt.
    Of the four who drove to the Fremont Canyon Bridge the night of Sept. 24, 1973, only one remains alive. Ronald Kennedy, now 67, is still serving a life sentence in Rawlins. He declined to be interviewed for this story.

    Jerry Jenkins died on Oct. 29, 1998, while incarcerated, according to the Wyoming Department of Corrections. He was 54. Casper rumor holds that one of the original jailers in the case carried a photo of himself urinating on Jenkins’ grave.

    Trib.com

    Pinandpuller (16b0b5)

  45. A TV camera is a tool… you know, like a gun.

    DCSCA (797bc0) — 1/25/2018 @ 1:01 pm

    And a judge.

    Pinandpuller (16b0b5)

  46. Some evidence, that.

    Except that evidence of that type oozes out of the Obama administration, even escaping the media’s attempts to suppress. That the media diminishes the scandals of one party while magnifying the scandals of the other is in itself the greatest scandal.

    Kevin M (752a26)

  47. If this pervert would have done this to anyone in my family, his p p and sack of nuts would be hanging from a sturdy oak branch. Off the useless turd.

    mg (469558)

  48. @45. Of varying caliber.

    DCSCA (797bc0)

  49. I think papertiger is saying that those who can’t DO.

    There’s a school out in Knoxville that does that.

    I had to get some stitches on Workman’s Comp from a DO. He came over from Denmark.

    Why didn’t he study in Wittenburg?

    Pinandpuller (16b0b5)

  50. That the media diminishes the scandals of one party while magnifying the scandals of the other is in itself the greatest scandal.

    I’m sure your belief system like many here is based on faith or things unseen so please to warn those of us not possessing this gift.

    Of course, snarkasm is difficult for Literalists.

    Ben burn (b3d5ab)

  51. If this pervert would have done this to anyone in my family, his p p and sack of nuts would be hanging from a sturdy oak branch. Off the useless turd.

    mg (469558) — 1/25/2018 @ 1:17 pm

    IDK do you remember the leg stretcher Chuck Norris used to sell? Give each girl a crank on that thing like they’re making ice cream.

    Pinandpuller (16b0b5)

  52. Internet machismo is a lot like acting badass from the driver’s seat.

    Beer muscles…

    Ben burn (b3d5ab)

  53. The Media is a Macroscope or they turn the binoculars around on democrats typically.

    Pinandpuller (16b0b5)

  54. @45. Of varying caliber.

    DCSCA (797bc0) — 1/25/2018 @ 1:18 pm

    .45’s a great caliber. I bet you’ve even seen one on TV.

    Pinandpuller (16b0b5)

  55. Maybe in a wheel-gun

    But not slamma-jamma-ding dong.

    Ben burn (b3d5ab)

  56. Did he realize gas prices would spike or is he still gettin the rubber hammer to his knee?
    https://www.cnbc.com/2018/01/25/trump-says-dollar-to-get-stronger-and-stronger.html

    Ben burn (b3d5ab)

  57. I think this judge needs to be removed from the bench.

    Sexual child abuse is absolutely horrible, but we don’t really need anyone to announce this. Every facebook post where people announce they too are outraged by this is simple vanity. We’ve already agreed as a society that this behavior is terrible.

    Something that is less agreed upon is that rape in prison is also horrible. This judge advocated for rape in prison.

    I might allow what he did to all of these beautiful souls—these young women in their childhood—I would allow someone or many people to do to him what he did to others.

    That’s not acceptable. Raping people society hates is not justice. It’s actually bringing our criminal justice system down to their level. Having a vain display of extreme hatred of someone we already hate is actually the exact opposite of what judges should do. Judges should be calm.

    The penalty should be severe, and the judge can show societal outrage in carrying out the sentence with a sober attitude. Folks who can’t do that because they really want to be on social media looking badass should not be judges. Perhaps they should be prosecutors, though I think anyone in law enforcement who seriously cheers the concept of rape in prison is a jackass (I think jokes about it are just normal gallows humor).

    Dustin (ba94b2)

  58. Rear admiral Ben Burnee is a drunk in progress. Hurry up and drive off a cliff.

    mg (1418ba)

  59. This pervert deserves to be raped by a Mexican donkey with no protection. And the judge should get 2 million bucks for having the guts to tell it like it is.

    mg (bbc571)

  60. Pindandpuller
    Love the way your mind works. Great suggestion I know plenty of Women ready to stretch that perv.

    mg (bbc571)

  61. Dustin
    Our justice system is broke beyond repair. As all Massholes will tell you. Revenge is the cure.

    mg (bbc571)

  62. Mg

    I think the judge- judgement has more to do with the rising tide of misandry and guilt by accusation going on outside the court of this hanging judge.

    Ben burn (b3d5ab)

  63. I have no problem, by the way, with the length of time this judge allotted to this process or the extraordinarily large number of statements she permitted to be made. Those things too, like the sentence, are appropriate ways for a sentencing judge to “speak” for the community in which he or she serves, and if a trial judge has discretion over anything at all, it’s how he or she decides to allocate her time on the bench.

    “I hope you die in a fire” is an understandable sentiment from a victim. From a judge, it’s ghoulish. Canon 1 of the Model Code of Judicial Ethics reads:

    A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

    That’s broad and vague as written, and intentionally so; but in practice, the boundaries of what is and isn’t permissible is reasonably clear to most lawyers and judges. She went beyond.

    So did this judge in Comal County, Texas, last week — and he’s a repeat offender when it comes to judicial ethics admonitions: “This judge said ‘God’ told him to ask a jury to acquit suspected sex trafficker.”

    Beldar (fa637a)

  64. @ Dustin, who wrote (#57):

    I think this judge needs to be removed from the bench.

    I’d agree if this judge were a repeat offender. The judicial ethics commissions usually start with a private reprimand, then a public reprimand — and then we get into Roy Moore territory.

    Beldar (fa637a)

  65. Allow me to buy you another case of Boonesfarm apple wine or MD 20-20,
    Your choice.

    mg (7c0a5d)

  66. ^^^ BTW, that “die in a fire” remark was a paraphrase or example, not a quote from Judge Aquilina. But her torture comments came pretty close to that.

    Beldar (fa637a)

  67. Judicial ethics? Where does it start? The middle class knows the ending all to well.

    mg (7c0a5d)

  68. Ripple or Bali Hai is my preference.

    Ben burn (b3d5ab)

  69. What do you call a lawyer with double-digit IS?

    Your Honor

    Ben burn (b3d5ab)

  70. IQ

    Ben burn (b3d5ab)

  71. Like I’m going to trust a gun review from Mr Yelp! himself. Admiral Short Colt.

    Pinandpuller (16b0b5)

  72. Yeah. Trust your .45 auto.

    Ben burn (b3d5ab)

  73. Are you even going to give out your calendars? Seems kind of depressing,” Page, a FBI lawyer, wrote in the text to Strzok from her FBI-issued phone. “Maybe it should just be the first meeting of the secret society.”
    https://m.huffpost.com/us/entry/us_5a6940d1e4b0e56300762ffe

    Ben burn (b3d5ab)

  74. I think this judge needs to be removed from the bench.


    Of course you do! Why this judge is guilty of “inkorrekt thinking”. She actually verbalized what normal people think when they hear stories like this about predators. That makes her guilty of not thinking like a leftist elitist. And of course, you being a paragon of virtue go to the most severe penalty you can think of immediately: cut off her livelihood, make her crawl, take her money, possessions and earnings. A stiff talking to is way too easy why she’s thinking like a Deplorable. Off with her head!

    We as a nation can no longer tolerate people thinking and talking inkorrektly. We must demand and sternly enforce korrekt think. The very idea that a person would think or say something like that makes her unfit to be a judge. She’s probably a Trumpkin. Next she’ll say “sh!thole”. We can’t have that.

    Rev.Hoagie (6bbda7)

  75. Great series of comments, Beldar.

    I think you have a good point that a one time lapse of judgment is acceptable in just about every profession if it’s not an integrity issue.

    Dustin (ba94b2)

  76. Boy are you Commie Deranged, hoagie/Ahab

    A vast! The White Whale

    Ben burn (b3d5ab)

  77. OT but I can’t resist linking this as another We-Told-You-So,-Silly-Trumpkins: Trump to support path to citizenship for 1.8 million Dreamers:

    Trump has repeatedly said he wants to help young immigrants who were brought to the U.S. illegally as children, known as “Dreamers.” But an official said it was a “dramatic concession by the White House” to expand the pool of people eligible for citizenship.

    Ya think? There’s your “Mr. Art of the Deal,” your master negotiator: He’s just won (or more accurately, he’s just taken credit for McConnell’s winning) a major PR fight with Schumer & Co., and he gives away his best bargaining chip for a handful of magic beans.

    I resolve disputes for a living, usually by compromising them, often with the help of a professional mediator, but occasionally by fighting them to the bitter end. It’s only the demonstrated willingness and ability to do the latter, if necessary, that ever can get you good results in the former. My experience is that even in negotiations which are purportedly taking place on a hard deadline (which is rarely so hard as everyone pretends, but it’s often a useful pretense for all players, and sometimes it really is a hard deadline), once you put something on the table, you can’t take it back off. It makes you look stupid and incompetent at best, which is not conducive to striking a good deal, and in many cases it so outrages the other side — because it’s such a clear indication of bad faith negotiating and unreliability — that it ends all discussion of compromise.

    When Schumer said this week that he’d taken funding for the Wall off the table, that was an obvious pretense made to try to stop his caucus’ hemorrhaging with the Democratic base, including its major sources of fundraising going into a midterm election. Nobody else possibly believes that his last promise is now “off the table”; everyone knows that it will be back on the table as soon as everyone sits down at the table; and everyone knows that the ultimate compromise, if there is one, will include at least what he’s previously promised. (Of course, what he’s previously promised is vapor and hype anyway, authorization without funding; and funding would be in the future.) In response, Team Trump is staking out its own extreme position on funding, which appears to be a variation on Al Gore’s “lockbox” from 2000.

    So why on earth would Trump announce now, before anyone’s sat back down at the table, before this week’s news cycle is even done, even before the traditional Friday walk-backs and bus-throwing-under rituals occur, to announce, “Yeah, we’re fine with that whole ‘path to citizenship’ thing”?

    Beldar (fa637a)

  78. A Commie under every bed

    Ben burn (b3d5ab)

  79. Actually, he gave this away for the hope of a handful of magic beans.

    Beldar (fa637a)

  80. Trump wants more than anything to be liked.

    Ben burn (b3d5ab)

  81. why on earth would Trump announce now, before anyone’s sat back down at the table, before this week’s news cycle is even done,

    The Art of the Deal was written by another guy but there is no one Schmarter than St Donaldus.

    Ben burn (b3d5ab)

  82. Professors regularly farm student papers for their books. No attribution or thanks get button from bloghosts either.

    Ben burn (b3d5ab)

  83. “Of course you do! Why this judge is guilty of “inkorrekt thinking”. Off with her head!”

    – Rev. Hoagie

    She’s a judge, Hoagie. She has tremendous power, and she needs to be tremendously cautious as to how she exercises it.

    I don’t think she should be removed from the bench. I do think she should be reprimanded.

    We *strive* for a system of laws, not men – even though we all acknowledge that we are far closer to the latter than the former.

    Leviticus (efada1)

  84. Speaking of courtroom antics, does this count as a selfie?

    Swedish triple murderer

    Pinandpuller (16b0b5)

  85. I don’t mind a 9mm Luger Otto-loader. .44, .45…whatever it takes.

    Pinandpuller (16b0b5)

  86. Which official, Beldar,

    Is that the one with the sub?

    narciso (d1f714)

  87. Miss Andry will see you now. Isn’t that the latest Dakota Johnson project?

    Pinandpuller (16b0b5)

  88. What’s the difference between trafficking and pimping?

    Hey b****, you wanna make some m************ money?

    Pinandpuller (16b0b5)

  89. Pin

    Don’t make this about you

    Ben burn (b3d5ab)

  90. I read something to the effect that mutilation was not merely for punishment but served as a warning to townspeople wherever he may roam. Sort of a walking Amber Alert.

    Pinandpuller (16b0b5)

  91. Ann Coulter suicide watch, Day Two

    Dave (445e97)

  92. 93

    Coulter and 35 percent of the electorate. Seppuku 4U.

    Dave…some think we are sock puppets. Please let’s differentiate. You are liversl/conservative…I the supposed/accused Anarchist could not possibly be confused. Am I coreect?

    Ben burn (b3d5ab)

  93. Liberal conservative.

    Ben burn (b3d5ab)

  94. How could autocorrect even conceive liversl as a word?

    Ben burn (b3d5ab)

  95. I read something to the effect that mutilation was not merely for punishment but served as a warning to townspeople wherever he may roam. Sort of a walking Amber Alert.

    That explains the explosion of penilectomies

    Ben burn (b3d5ab)

  96. Brian! Brian Regan! But I pronounce it Bryan.

    Pinandpuller (16b0b5)

  97. @ Dustin (#77): Thanks for the appreciative words. I don’t know anything else about this judge, and this would certainly be outside of the “run of the mill” case, so without more research I’m inclined to give her some benefit of the doubt. (Of course, the flip side of that is: She certainly intended to put herself under a spotlight, and arguably forfeited at least some of that slack; she ought to have been on best behavior.)

    I don’t know how much of what she said was planned; she’d of course decided upon the sentencing before taking the bench to announce it, but she might not have given as much thought to what else she’d say, beyond “the ordinary,” which we can grant that this case was not. I doubt that her most intemperate statements were planned. I think she probably had figured out that she wanted to send a message, but she ended up using some words and phrases which she likely already regrets. She may have gotten caught up in the moment, which is understandable, but nevertheless outside the standard of conduct we expect from a trial bench.

    Calibrated retribution is a just component of criminal punishments; vengeance isn’t. And deterrence of future wrongdoers requires public awareness of consequences to have any hope of being effective. I’ve got no problem with this being on TV, and it deserves the press it’s getting. And I repeat: so long as sentences are within constitutional and statutory sentencing boundaries, I think judges do and should have a conspicuous role in expressing the consciences of their communities.

    If a motion for re-sentencing is filed, the prosecution ought to consider consenting to it. The next judge can take under advisement the entire record from these proceedings, plus whatever else the defendant wants to offer. It would take less than an hour if the new judge so chose, and would almost certainly produce the very same result. And re-sentencing would cure any claimed error, forestall any future habeas petitions, and save unnecessary work for whoever’s got Patterico’s new job in the Michigan prosecution system.

    Beldar (fa637a)

  98. A wise Japanese man once said in America there’s an Ann Coulter behind every blade of grass, but obviously you can’t see her.

    Pinandpuller (16b0b5)

  99. New judge: “I’ll have what she’s having.”

    Pinandpuller (16b0b5)

  100. “COULD YOU TEXT SOMEBODY EVERY FOUR MINUTES FOR FIVE MONTHS? That’s what those FBI lovers, Counter-Intelligence agent Peter Strzok and bureau lawyer Lisa Page, did during those now-formerly missing five months. Think about that for a moment:

    There are 12,960,000 seconds in five 30-day months.
    12,960,000 divided by 50,000 equals a new text message every 259.2 seconds.
    That means Strzok and Page texted each other on average every 4.32 minutes.
    Every day of every week of every month for five months!
    Give or take a few here and there, of course.”

    https://pjmedia.com/instapundit/could-you-text-somebody-every-four-minutes-for-five-months-thats-what-fbi-counter-intelligence-age/

    Colonel Haiku (404947)

  101. This is uncharacteristic. Judges almost always take themselves way too seriously.

    Pinandpuller (16b0b5)

  102. PIZZABENGHAAAAAZZEEEEGATE!!!

    The kernel ordered pepperoni but got the tiny weenie pizza instead.

    Ben burn (b3d5ab)

  103. Did they text while sexing?

    Pinandpuller (16b0b5)

  104. Wow that was a close one. I accidentally sent my wife that anti-Trump meme. From my work phone no less. If I could feel emotions I’d be embarrassed.

    Pinandpuller (16b0b5)

  105. Blueberry Amnesty Hill

    A bitter pill
    On Amnesty Hill
    On Amnesty Hill
    His face turned blue
    Schumer teh shill
    On Amnesty Hill
    He lingered until
    His face turned blue

    Hot wind in the sails played
    A sad melody
    But all of those vows he made
    Were never to be
    they broke his heart
    He hadn’t teh skill
    And they broke his will
    On Amnesty Hill

    Colonel Haiku (404947)

  106. My smile about that happy fact is nearly surpassed by my nervous laughter about Trump as our prez, Hoagie!

    Colonel Haiku (404947)

  107. Your best yet, Colonel.

    Rev.Hoagie (6bbda7)

  108. “Thanks for the appreciative words. I don’t know anything else about this judge, and this would certainly be outside of the “run of the mill” case, so without more research I’m inclined to give her some benefit of the doubt.”

    IIRC she was also the same judge who put the union pensions above the good of the city in the Detroit bankruptcy case (eventually overruled, overturned or whatever the correct lingo is) and even announced she was sending notice of the fact direct to Barack T Firefly that she was on the right side, which some interpreted as a play for a federal appointment.

    Based on these two instances, she sounds far more political/grandstanding than wise or stable.

    harkin (d40275)

  109. Chain Migration
    The recent backlash against chain migration is perplexing to genealogists because we’re well aware that this is the norm for all immigration everywhere — mainly because most people like their families and naturally wish to be together and help each other.
    Pence’s family is no exception. Even before addressing the journey to America, records reveal a web of Cawley family connections in pockets of Scotland and England, so if you have Cawley roots in Airdrie or Ashton-in-Makerfield, for instance, you’re probably related to Mike Pence.
    Turning to the family’s Ellis Island saga, his grandfather and four of his siblings came to America (only the eldest remained in Ireland). They were so orderly that they immigrated in age sequence with James starting things off by going to an aunt in Illinois. He then helped Richard who helped Thomas who helped the sisters — one of tidiest set of chain migration links I’ve ever encountered.

    https://medium.com/@smolenyak/mike-pences-immigrant-saga-makes-a-case-for-compassion-d9ec552efc69

    Ben burn (b3d5ab)

  110. #Release the Memo!

    ropelight (96dceb)

  111. Thx, Hoagie!

    Colonel Haiku (2601c0)

  112. NYT reports Trump ordered Mueller fired last June but backed off when WH counsel threatened to quit.

    DCSCA (797bc0)

  113. Ah yes so the law isn’t really that so important.

    https://www.huffingtonpost.com/2013/07/22/detroit-bankruptcy-hearing-rosemary-aquilina_n_3634391.html

    If we could have an ordered migration as we had in the 19th century, after a fifty year cycle, after revolution and anarchist bombers there was a certain hesitancy to co tinue

    narciso (d1f714)

  114. Nothin’ from nothin’, but before I die, I hope to see Trey Gowdy with a decent haircut. Stop going to teh barber college, guy, you’re making good enough money for SuperCuts!

    Colonel Haiku (2601c0)

  115. Great Clips

    harkin (d40275)

  116. Good find there harkin

    narciso (d1f714)

  117. Hair Sluttery

    urbanleftbehind (3a8cb2)

  118. Thanks Col, a most enjoyable read as I relax on the Kona coast.

    mg (7c0a5d)

  119. That’s not surprising about the judge seeing as she’s a creature of the capital city of Lansing. The R state reps from ours of Springfield always go along with whatever keeps them their 9 to 5.

    urbanleftbehind (3a8cb2)

  120. 113…Mike Pence’s family like mine came before the welfare state. They had to make for themselves or go back. Many did. You can’t have “chain migration” when working Americans are paying to support the chain. What part of a stable immigration policy eludes you leftards? I know you understand but stuffing the ballot box is more important than picking the best of the world to become Americans. Meritocracy is what you really hate.

    Rev.Hoagie (6bbda7)

  121. ABC News Politics
    @ABCPolitics
    Hawaii Emergency Management Agency employee who mistakenly sent out missile alert is refusing to cooperate with FCC investigation, official says.”

    #TheResistance

    harkin (d40275)

  122. Enjoy, mg! Last time I was in Maui, I lost my wedding band while snorkeling. Otherwise, the trip was delightful.

    Colonel Haiku (2601c0)

  123. #SassyJimAcosta…

    Colonel Haiku (2601c0)

  124. For example, my mother couldn’t claim my father, till after she became a citizen and that took seven years. These were direct relations, if you follow the rules you have to wait out.

    narciso (d1f714)

  125. First let me say that I, in no way, have any sympathy for Mr. Nassar and feel true sorrow for the victims or “survivors” as the sentencing Judge would say. Unfortunately I feel an unnecessary shift took place and the Judge made a poor and unprofessional attempt to place herself and her opinions in the spotlight. I believe the roll of the Judge is to serve an impartial role and apply the full extent of the law in finalizing a trial. This arrogant woman took an ridiculously long period of time delivering the sentence and made every attempt to make sure she was the center of attention.

    True Lee Unprofessional (3dd38d)

  126. That’s a very old one. I first read it in one of the Rumpole books.

    Figures. The story is too good, and I never heard it attributed to a specific judge.

    Patterico (115b1f)

  127. Nothin’ from nothin’, but before I die, I hope to see Trey Gowdy with a decent haircut. Stop going to teh barber college, guy, you’re making good enough money for SuperCuts!

    I think he does it himself

    Patterico (115b1f)

  128. You may get a chance to stand
    Against a column of tanks
    While holdin’ up yer hand

    —- Joe Scarborough

    Colonel Haiku (2601c0)

  129. He must.

    Colonel Haiku (2601c0)

  130. Too good not to cut and paste:

    Best Lawyer Story

    Maybe the best lawyer story of the year, decade, and probably the century.

    A Charlotte, North Carolina lawyer purchased a box of very rare and expensive cigars, then insured them against fire, among other things. Within a month, having smoked his entire stockpile of these great cigars and without yet having made even his first premium payment on the policy, the lawyer filed claim against the insurance company.

    In his claim, the lawyer stated the cigars were lost in a series of small fires. The insurance company refused to pay, citing the obvious reason that the man had consumed the cigars in the normal fashion.

    The lawyer sued … and WON! (Stay with me here.)

    In delivering the ruling, the judge agreed with the insurance company that the claim was frivolous. The judge stated nevertheless, that the lawyer “held a policy from the company in which it had warranted that the cigars were insurable and also guaranteed that it would insure them against fire, without defining what is considered to be unacceptable fire” and was obligated to pay the claim.

    Rather than endure lengthy and costly appeal process, the insurance company accepted the ruling and paid $15,000 to the lawyer for his loss of the rare cigars lost in the “fires.”

    NOW FOR THE BEST PART…

    After the lawyer cashed the check, the insurance company had him arrested on 24 counts of ARSON! With his own insurance claim and testimony from the previous case being used against him, the lawyer was convicted of intentionally burning his insured property and was sentenced to 24 months in jail and a $24,000 fine.

    This is a true story and was the First Place winner in the recent Criminal Lawyers Award Contest.
    http://www.berro.com/joke/best_lawyer_story.htm

    nk (dbc370)

  131. “TAXES ARE FOR THE LITTLE PEOPLE: Tom Steyer, Anti-Trump Billionaire Who Wrote “Please Raise My Taxes” Oped, Has Multiple Tax Liens.“

    https://pjmedia.com/instapundit/286945/

    Colonel Haiku (2601c0)

  132. Hey Colonel Haiku, do you think the ladies call BB “RCA Jack”?

    BTW, I got the Nashville Telecaster. It’s pretty sweet.

    Nashville Telecaster

    Pinandpuller (16b0b5)

  133. great, nk.

    Rev.Hoagie (6bbda7)

  134. Hilarious lawyer joke and a beautiful guitar.

    Colonel Haiku (2601c0)

  135. Can that so called chain migration of yesterday really be compared to this policy today? Sure, some family members immigrated in series instead of parallel. But was the policy “We have to let these people in because they are kin to so and so”? Do we really want grandma running around putting hexes on the neighbors and cursing out the Turks?

    Pinandpuller (16b0b5)

  136. If we only knew how many Pences killed their babies in the womb we could really stick it to the VP.

    Pinandpuller (16b0b5)

  137. 113…Mike Pence’s family like mine came before the welfare state. They had to make for themselves or go back. Many did. You can’t have “chain migration” when working Americans are paying to support the chain. What part of a stable immigration policy eludes you leftards? I know you understand but stuffing the ballot box is more important than picking the best of the world to become Americans. Meritocracy is what you really hate.

    Rev.Hoagie (6bbda7) — 1/25/2018 @ 5:34 pm

    The bad thing about chain migration is when your name makes it to the top you get a 1000 immigrants on your doorstep.

    Pinandpuller (16b0b5)

  138. They (Pences) got out of South side Chicago, before that got put to the test. There some CPD relatives still around.

    urbanleftbehind (3a8cb2)

  139. Enjoy, mg! Last time I was in Maui, I lost my wedding band while snorkeling. Otherwise, the trip was delightful.

    Colonel Haiku (2601c0) — 1/25/2018 @ 5:37 pm

    You better bookmark this so you don’t use the same story twice.

    Pinandpuller (16b0b5)

  140. Who says paperback fiction is not educational? There really was a Cadillac Fleetwood Eldorado! No a mere Fleetwood. Not a mere Eldorado. A Fleetwood Eldorado.

    nk (dbc370)

  141. I listened to part of her address, and it was bizarre.

    I used to hear stories about Ito, the McMartin School case, etc. as part of the legal community. Somewhat shocking — but I guess judges are as subject to the vagaries of human nature as anyone.

    Patricia (3363ec)

  142. That’s awesome Mr nk.

    I heard a story that went like this: A guy was horribly burned in a fire. Doctors thought he was a goner for sure. The insurance company offered his wife a sum of money per day until he died. He survived and now gets a lot of money every year for doing nothing except living.

    Pinandpuller (16b0b5)

  143. It was sucked right off my finger by the sand, I swear…

    Colonel Haiku (2601c0)

  144. Beldar (#79):

    As you have no doubt seen by now, there is more to the Dreamer offer than first reported. The offer is conditional on $25 billion for border security and limiting chain migration to spouses and minor children. This is the public posturing portion of the negotiation.

    Kevin M (752a26)

  145. Some places, Cook County for one, have no-cause substitution of judge rules. You can move to have your case transferred from the judge to whom you were randomly assigned, and even name one or two additional judges whom you don’t like. If that happens enough, the judge winds up in marriage court. So that’s one safeguard.

    nk (dbc370)

  146. To my knowledge, nk all Eldorado’s had body by Fleetwood. Coup and Sedan De Ville were by Fisher.

    Rev.Hoagie (6bbda7)

  147. 149.”It was sucked right off my finger by the sand, I swear…”

    =Haiku!= Gesundheit!

    Stormy Seas was her name then.

    “Kinkyyy!” – Hedley Lamarr {Harvey Korman] ‘Blazing Saddles’ 1974

    DCSCA (797bc0)

  148. Good grief, rick dees, stay on point,

    narciso (d1f714)

  149. Enjoyed that funny story nk and so did the rest of the family.

    mg (7c0a5d)

  150. I’ll look out for those sand suckers!

    mg (7c0a5d)

  151. There’s this legend about this really rich and powerful guy. His wife lost her ring in the Black Sea so he bought all the land around it because I guess that meant she didn’t really lose it.

    Then I found this

    A husband who lost his wedding ring while swimming has got it back after a lake was drained of eight million gallons of water allowing metal detectors to find it.

    Daily Mail

    Pinandpuller (16b0b5)

  152. If she’s cursing out the Turks, she’s a future GOP voter.

    Kishnevi (3c63a1)

  153. Thank you, Hoagie. I didn’t know that. I thought Fleetwood was a model like the Fleetwood Brougham.

    nk (dbc370)

  154. True story. My mother lost her wedding ring in the garden while planting tomatoes. Two months or so later, when the tomatoes had grown, she went to pick some and found a vine wearing it.

    nk (dbc370)

  155. I had an acquaintance who allegedly lost his ring while swimming. A guy told him about “shrinkage” and how people who get out of the water frequently shake the water off their hands and lose rings.

    This acquaintance also told his wife he got mugged for his expensive camera but he probably pawned it and bought drugs.

    His twin brother pawned a lot of our stuff and bought drugs. It’s sort of a tell.

    Not that I’m casting aspersions your way, Colonel Haiku. If we all listened to D_V_ you could walk on dry land and find your ring 5,000 years from now.

    Pinandpuller (16b0b5)

  156. And I thought Body by Fisher was a Chevrolet thing.

    Kishnevi (3c63a1)

  157. That whole area of the law that deals with lost and found property is pretty fascinating as well as maddening to non lawyers.

    Pinandpuller (16b0b5)

  158. And I thought Body by Fisher was a Chevrolet thing.

    GM overall.

    harkin (d40275)

  159. My folks but only Chevrolet until I was a teen. I learned to drive with my mother’s Nova and my father’s Impala.

    Kishnevi (3c63a1)

  160. If I ever came home and someone was squatting in my house I’m afraid I’d be in the market for some hydrofluoric acid.

    Pinandpuller (16b0b5)

  161. My folks *bought*

    Kishnevi (3c63a1)

  162. @ Kevin M, who wrote (#150):

    As you have no doubt seen by now, there is more to the Dreamer offer than first reported. The offer is conditional on $25 billion for border security and limiting chain migration to spouses and minor children. This is the public posturing portion of the negotiation.

    The public posturing should start with: They are here illegally, and they have no right to remain, but we’re willing to talk about at least a temporary legal status that can perhaps lead to permanent legal status, depending on what else is in the overall deal.

    Instead, before the post-shutdown negotiations resumed, Trump jumped straight to “path to citizenship.”

    That is stupid negotiating. That’s the Art of the Very, Very Bad Deal.

    Beldar (fa637a)

  163. No PandP, I lost my ring – it had the diamond from my wife’s original wedding ring that was replaced by a 2.5 carat diamond ring I bought for her about 7, 8 years ago – snorkeling in a cove a little north of Lahaina when I stuck my hand down to regain my balance walking out before taking my fins off. Totally a dumbass move. I even hired a diver with a metal detector and looked for it the next morning, because of the sentimental value.

    Colonel Haiku (2601c0)

  164. I have a Trump open thread now if you want to talk Trump. Which you do.

    Patterico (115b1f)

  165. Hers’s a great lost and found story, not a ring but a fishing pole. My aunt and uncle had been out trout fishing at Starvation Reservoir in Utah, a fairly large body of water in the Wasatch Mountains. After casting her bait, she had leaned her pole against the boat rail and walked away to grab something. Within a few seconds what must’ve been a fairly large trout hit the bait and the pole was a goner, over the side.

    A few months later, they took a couple of their grandkids out fishing. The kids had heard the story of the lost fishing pole and one of them told their grandma, “I’m gonna catch your pole grandma!” and started repeatedly casting and reeling in. Be damned if that kid didn’t reel that pole in a few hours later.

    Colonel Haiku (2601c0)

  166. Sure it’s probably not a ground to reverse the sentence. Just like Trump’s ethnic and racial bloviating is probably not a reason to reverse his 7-country immigration ban, or his move to end DACA, or his move to send Haitians back because it’s been 8 years since their earthquake.

    David Pittelli (c51465)


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