Mar 28, 2022
(Congressman Alcee Hastings died this week).
Alcee Hastings, a civil rights leader in the 1970’s, was the first black federal district judge in Florida. Judge Alcee Hastings sat on the bench in federal court while the old Miami power structure conspired to get rid of him. Later he would be indicted for bribery, acquitted and impeached anyway. Even today, the truth of the allegations against him are in dispute. The impeachment trial in the Senate only removed him from judicial office; for a second time the senators found him “not guilty” of accepting bribes. After he was impeached, he returned to private practice before running for federal office in Broward County. There he was elected to the US House of Representatives, today he is the longest-serving member of the House; a stunning reversal of fortune.
While I had one case before Judge Hastings while he was still on the bench, it did not go to trial. I was in his courtroom and witnessed him sentence a woman under the federal minimum mandatory guidelines, which he felt were unfair. He gave her a reporting date five years in the future. This was unheard of: the defendant would be able to go home and live her life for five years before having to surrender to prison. Judge Hastings disagreed with those laws, which had a disproportionate effect on black defendants. I wonder if this creative sentencing was the kind of conduct that was behind the successful effort to impeach him.
After he was impeached, Judge Hastings briefly went into private practice. He was always friendly and had a smile for everyone–and a long list of clients. After he left the bench, Judge Hastings started off, like I did, as a panel attorney, appointed by the court to represent defendants who had no money for his defense. I used to see him at MCC-Miami where we both came to visit clients. Those I know who practiced with him said that he made the transition from the bench without bitterness and did a good job for his clients. Judge Hastings had the opportunity to see the best Miami lawyers practice before him and was able to see their skills displayed.
Judicial bribery accusations were in fashion and the FBI had mounted an investigation of the Dade county judiciary they called Operation Court Broom. Sitting judges and attorneys were indicted in federal court, the Date county State court bench was accused of being a racketeering enterprise. Even “Maximum Morphonious,” a newsworthy tough judge and former Florida State beauty queen, was caught up in the allegations.
The Court Broom trials resulted not only in convictions, but Bar discipline and at least one sitting judge losing an election. A half-dozen or so lawyers were indicted for bribing the judges. All were convicted. All lost their licenses to practice law. State special public defenders not indicted had their invoices audited just to be on the safe side; one of them, former judge Ted Mastos, blamed “bad bookkeeping” on the fact that he had billed the State for more than 30 hours in a single day—they really should make accounting a required course in law school.
The most astonishing result in the Court Broom cases was the acquittal of Judge Philip Davis. Despite having been caught on tape snorting cocaine and taking a one hundred thousand dollar bribe, Judge Davis was acquitted. He was represented by Alcee Hastings.
They still talk about Hastings’ closing argument in the Justice Building. This goes to prove the wisdom that you never know what is going to happen at trial. A few years later, Davis was charged by the State for stealing money from a charity he had set up. Hastings was by then a sitting congressman and could not represent him. This time Davis, no longer a judge, was convicted. The sentence of twenty years seems rather harsh unless you take into account karma for the previous acquittal.
Another one of Hastings’ infamous clients was Yahweh ben Yahweh, a religious leader whose followers wore white robes and terrorized anyone who dared to stand up against them with violence.
Eventually the justice system came around to Judge Hastings’ view that the Sentencing guidelines were unfair. The guidelines were changed to be advisory, not mandatory. Crack cocaine guidelines were made consistent with those guidelines applicable to powder. But by then, Judge Hastings had long been off the bench. I never found out what happened to the woman who was given that five-year gift of time.
I never had the opportunity to try a case with Judge Hastings. He ran for Congress from a newly created district in Broward county, was elected and held his seat for twenty years. He never sought revenge against his new colleagues though they had voted to impeach him. I never heard anyone complain about his tenure as a Congressman. Ironically, at the time of his death he was on a committee which vetted candidates for the federal bench.
His life is strong evidence against F.Scott Fitzgerald’s adage that “there are no second acts in American lives.”
Mar 28, 2022
Only one type of speech is properly prohibited and that is speech which seeks to censor others. A person who advocates censoring others should himself be censored. Censorship is needed, many will argue, citing the example of the one who yells “Fire” in a crowded theater. A person who commits such an act should be punished, but his speech cannot be the subject of before the fact censorship for the simple reason that it has not yet occurred. If there is evidence that a person will yell “Fire” when he is in a crowded theater—for example, if he has done so before—then he can be barred from crowded theaters. The risk that someone will yell “Fire!” is no reason to pull the plug on the projector.
By all means, punish those who commit crimes and who cannot conform their conduct to the rules of society. In the 1970’s, the Progressive magazine was allowed to publish the design of a thermonuclear weapon, because prohibiting the magazine’s right to publish was considered a dangerous assault on the freedom of the press. Today the press applauds the deplatforming of a former president of the United States as well as his allies, those who believe conspiracy theories or even those who reject the approved narrative, lest those with weak minds come to believe lies.
Julian Assange sits in jail, as best as I understand, because he is a difficult personality The Legacy Media should be screaming bloody murder and demanding his release. They do not, afraid to lose their sources in the government and their privileged access as stenographers.
Embolden the censors and lose the Panama Papers. Lose the Paradise Papers.
How far the champions of the free press have fallen. How far have fallen we all.
Mar 28, 2022
The report of Jeffrey Stahl Ferris’ suicide after a federal jury found him guilty of terror-related charges in North Dakota seemed strange to me. Da’esh, that is, ISIS, has but a tenuous grasp of geography outside what were traditional Muslim lands. New York they know, Florida they know (because of Disney) and they know Washington. But that’s really about it. The plot to blow up the Willis (formerly Sears) Tower in Chicago was not hatched by those accused of planning the bombing, but by a Lebanese informant who was paid handsomely for the suggestion. What would Da’esh want with North Dakota?
As it turns out, nothing. The Ferris’ case was only “terror-related” in the world of National Enquirer exaggeration and federal make-believe. Ferris lived and worked on the Chippewa Reservation and was a former EMT. After a series of incidents of vandalism, he came upon a group of teenagers he suspected of those crimes and chased them with his Jeep. They took off on motorbikes and four-wheel ATV’s. He caught one of them and held him at gunpoint while he called for police.
Holding the teen at gunpoint was the “terror-related” act. The report that he drove his automobile at high speeds closer to the teenagers sounded like another jihadi aiming a car at a group of innocent pedestrians in the big city, a scenario that has become all too common.
The jury found him guilty of the firearm in commission of a felony charge, but acquitted him on charges relating to the chase. He was convicted on one assault charge, and my guess is that is the same charge arising out of his pointing his gun at the teen while telling him he was calling the police.
At most this was an improper citizen’s arrest, committed by a man (who I guess) was tired of vandalism in his community. No one was harmed. Did he use excessive force? Let’s put it this way: if Ferris were a policeman, there would have been no charges. The AUSA would have laughed it off.
So what is going on here? What are the takeaways from this story?
Stories like this make it difficult to trust the Press. What went out on the wire around the world was a story of terrorism in North Dakota. It was nothing of the sort. Secondly, the need to prosecute, to make cases, filtered through the bunker war mentality of Washington makes even the most minor infraction a matter of federal import.
After 9/11, the FBI reassigned many of their agents to the jihadi beat without additional training. Agents that had previously monitored biker gangs were now asked to target Al Qaeda. It didn’t work.
Why the proverbial book was thrown at Ferris, I don’t know. Maybe he was just a cranky old man tired of the teenagers pissing on his lawn. But faced with an almost-certain seven years in prison, it is no small wonder that he took his own life.
Mar 28, 2022
I spent a good deal of February researching and writing a brief volume titled, Saudi Arabia Privacy Law, anticipating the effective date of Saudi Arabia’s own personal data protection law, modeled after the European Union’s GDPR. Unfortunately for me, one day before the law was to take effect, the Saudi regulator postponed enforcement of the law for one year. Since the law itself contains a one-year enforcement grace period, that means the law won’t take effect until 17 March 2024. Between now and then, the law’s implementing regulations as well as the law itself will be substantially modified from their present form.
The book will have to be substantially revised as well. Oh well.
Mar 28, 2022
The Houthis have substantially improved the accuracy of their targeting and hit an Aramco refinery in Jeddah. This is bad enough, but that refinery is supplied by Aramco’s East-West pipeline which carries 5 million barrels per day. If the refinery has to shut down operations or the storage facility where the oil is kept is compromised, the pipeline shuts down as well and 5 million bpd are lost to world markets.
Mar 25, 2022
Context: a few weeks ago, an influencer announced that he had obtained an exclusive interview with the press-shy prime minister of Thailand and posted a selfie as proof. He boasted about his a journalistic coup and preached to other journalists to “push harder.” No interview was immediately forthcoming and the foreign press was suspicious and began to question his claims. Finally, he posted the “interview,” such as it was. The prime minister’s only contribution was the word ‘thanks.’ The foreign press began to mock the influencer, and I thought, maybe if the episode was portrayed as a bit of gonzo journalism, it would have been OK. I modestly suggested an alternative interview, which follows.
“ My editor called the night before and asked me where was the piece about the coup in Myanmar. I didn’t have the heart to tell him that I was still in Thailand, and hung up the phone while I was talking so it would appear that I had been cut-off. A girl whose name obviously wasn’t Barby had given me a cat the night before. I vaguely remember, before the ya ba hit, something about taking care of it, but in the morning Barby had already texted me asking where the cat was–how did she get my number?–so I called the office and asked them about the next flight to Yangon. “Do you have your visa?” they asked and of course, “no,” I said, “I thought that was your responsibility.”
Stressed and getting more stressed by the minute, I went to the buffet in the hotel where I hoped I could at least get a cup of coffee. Maybe I could stay in Bangkok and file something from here, no one would ever know. A group of tourists were using plates as shovels at the free buffet; I had never seen such hungry people, though their waistlines suggested that throughout their long lives they had missed but few meals. I asked about the cat but no one knew anything; I approached the concierge and it turned out he wasn’t officially connected with the hotel but told me nevertheless all about his cousin who had a fine handicrafts shop featuring generous discounts and why I should visit. “I’m worried about the cat,” I told him. “Don’t worry about the cat,” he said, “it doesn’t know it’s lost.” I was afraid that the editor would cut me off so what the hell, I’d go to Burma for the day, with or without the visa. Maybe I’d offer a bottle of booze as a present, or a $100 bill and if anyone accused me of bribery I’d say I thought we had flown east and I was in Cambodia where visas on arrival are bought for a hundred bucks. Honest mistake.
I gave up on the cat and went back to the buffet where a minor consideration was exchanged for a glass of whisky. Old Commander, not Johnny Black, the bottle was from India, I had never seen it before but it went down smooth. I needed to take the edge of off the ya ba but wasn’t having much luck. Both the cat and the concierge were already in the past when a driver I hadn’t yet ordered to take me to the airport drove up. I took my suitcase and the laptop and flashed a White House ID I had been given from a friend who knew a guy who had once attended a fund-raiser hosted by the Clintons, it had his picture on it but so what, it was a great-official looking ID with the White House seal on it and everything that allowed you to attend an event that had occurred ten years ago. I put it on a lanyard and I must say, even without my glasses–maybe Barby could explain where they were–I looked official, good to go. My visage in the mirror was all bokeh, but hell, it smooths out the wrinkles so maybe that was OK.
On the way to the airport I was preparing to be held hostage or taken to the concierge’s cousin’s handicrafts shop on the way but neither event occurred or stop made and the driver accepted a modest tip without complaint. He asked me which airline and I didn’t know, so I told him “Burma” and I must have looked like those guys who are forever commuting between Isaan and Krung Thep so he dropped me at the domestic terminal.
At the counter I said “Burma” and they asked if I was going to the event. Not sure what event they were referring to, I nodded yes anyway but with the Old Commander and the still-potent effects of the ya ba and trying to remember what Barby had told me about the cat, everything was a blur, I did say Burma though, I’m sure of that–but as I made my way to the gate–getting through security wasn’t easy, I hadn’t brought a gun along because the x-rays always pick them up, but I had a pocket knife which I told them was for smoking tobacco–how do you smoke with a knife? they asked and I said, “it’s for cleaning out the pipe, not smoking per se” but they understood ‘Persian,’and then I’m whisked away to secondary where I explained that I wasn’t from Iran but they had already pulled my suitcase off the airplane, the luggage tag was marked ‘BFV’ on it, B for Burma, I figured, but the security officer and I ended up making friends and when I was asked if I had had anything to drink that morning I told the truth as you must always do with the police.
Seeing the lanyard around my neck, the officer assumed that I was some kind of big shot and offered me a beverage; I was happy to oblige–“I can’t let you drink alone,” I told him–and he did have Johnny Black, which was a tad better than the Old Commander, which by the way, wasn’t really that bad. I told him that I was on my way to Burma to write a story about the revolution; he looked at me and then at my glass, thinking that I was asking for more he poured a couple of fingers, a quite generous pour given that it still wasn’t noon and after we drained our glasses he personally took me to the gate, where I was surprised to see the press corps, what they were doing I had no idea, they couldn’t all be going to Burma, but then I looked at the leader board which said, “Buriram” so I figured we were going to Buriram. I showed my boarding pass–I hadn’t bothered to look at it before–and what the hell, Buriram was as good a place as any.
The airline rep at the counter saw the lanyard and asked me about it, I flashed it quickly, just long enough for her to make out the impressive looking seal. “The US is interested in this inaugural flight?” she asked. I pretended that I knew, but then asked, “what inaugural flight?” “The 737-Max has returned,” she said. “Like the swallows of Capistrano,” I replied, but she looked at me like she had no idea so I started to explain but, the hell with that, instead I asked her something ore important, if there was a bar at the gate, she said, no, and pointed back to the terminal. I wondered if there was time to get another drink–I could always get one on the plane, but one to smooth the take-off would help. For some reason I was assigned seat 1A.
As it was, I boarded last because I made the journey down the terminal anyway and they didn’t have alcohol so they sent me to one of the airline clubs but I didn’t have a pass to get in, so I flashed the lanyard while looking longingly at the bottle of Johnny Black on the counter just a few feet away. I really think the club attendant was going to allow me in officially but while she was still deciding I was already pouring. “You can’t leave with that,” she shouted as I made my way out the door. I couldn’t decide whether she meant alcohol wasn’t allowed in the terminal corridor or I because I had stolen the drink. “Don’t worry, it’s a traveller” I shouted as the door shut behind me.
I had almost finished the drink by the time I reached the gate, the last one on the plane. Seat 1A wasn’t far, thank God, and I handed my glass to the flight attendant who plucked the boarding pass from the coupon. 1A was already occupied. By, it turns out, the prime minister. “How ya doing?” I asked. “Has the beverage cart been by yet?” He shook his head. And that’s how I interviewed the prime minister.
Buriram is another story, but when I got back to Bangkok I wrote the above and called my editor. “Good news,” I said. “Forget Burma. I’ve got an interview with the prime minister instead.”
Push harder.”
Notes: ya ba is Thai for “crazy medicine,” the slang term for meth. The country to the west of Thailand is universally known as “Myanmar,” the word “Burma” is barely heard, and a Thai would pronounce that word as “burmá” anyway (but keep in mind that there is no hard border between ‘r’ and ‘l’ in spoken Thai. There are lesser known Angkor-era temples in Buriram, a pleasant city to the east of Bangkok, known for its football team.
Mar 10, 2022
The Ukrainians have pledged to rebuild the An-225 six-engined superplanc transporter, the only one of its kind in the world. This is wishful thinking. It doesn’t take an aviation construction expert to see that this airframe is a total loss.
Feb 28, 2022
Facebook gets 15,000 applications for every announcement of a new job opening, You would need an army of screeners to review these applications; giving each one personal attention is out of the question. So the company, like most big companies these days, use algorithms to sift through the avalanche of applications that arrive.
Fortunately, there is one way to make sure that your application is read by human beings. Indeed, using my system will insure that several humans will pay close attention to your cv.
Buy an empty 24 foot container. It will cost you about $800 in North America. Tape your cv inside the container on the floor, in the center of the floor. Arrange for the container to be delivered to your prospective employer. They will have no idea who sent the container or why. When they open it up, the only document they will find is your cv. The guys on the loading dock will send the cv upstairs because they don’t know what to do with the container. Upstairs, they will read your cv. I guarantee it.
This submission procedure is a little more expensive than email, but is it worth $1000 USD to have your cv read? (You have to include cartage fees). Of course it is. Better yet, they will call you in order to get rid of the container; you can agree to “meet” to discuss. That initial meeting, however styled, is an interview. Even if it’s only an information interview.
What’s the downside?
They return the container to you. You can park it in your driveway, empty field, local desert or “U-Store” facility. Now you have a convenient locker for record storage. Or take the doors off, sink it in the Caribbean and so make an artificial reef.
You can thank me later.
Feb 26, 2022
It’s the best we can do.
Feb 26, 2022
Colonel Sanders, International Man of Mystery
You may only know him as a Kentucky lawyer who came up with an internationally-recognized recipe for tasty fried chicken. What you don’t know is that in the 1970’s, at the request of the American government, the Colonel undertook several clandestine missions in the Middle East on behalf of his own and other governments.
To this day, he is fondly remembered by certain governments, who in honor of his secret accomplishments, commemorate the connection with green buckets to carry the chicken cooked with the Colonel’s special blend of herbs and spices.
Now you know.