Author Archives: Michael Froomkin

Andrew Gillum Won!

I didn’t see that coming, but I’m very happy about it. Gillum is a great campaigner; as I argued previously Gwen Graham was just a dud. Florida is going to have a very interesting election season coming up.

None of the worst local candidates for judge got elected, but a couple of them sure got a lot of votes. More about that anon.

Posted in 2018 Election, Florida | Comments Off on Andrew Gillum Won!

Top-Notch Trolling

I am far from being Chuck Schumer’s greatest fan, but I have to hand it to him for his masterful trolling of Senate Republicans this week. By suggesting that the Russel Office Building be renamed for the now late Senator McCain, Sen. Schumer threatens Republicans with a vote that would be a Hobson’s choice: either they vote for McCain, who not only will be said to represent the virtues they have left behind but will also be a vote that enrages their Maximum Leader. Or, they can vote for the segregationist, Richard Russell, a Georgia Democrat who led opposition to civil rights legislation.

It’s beautiful: vote for the anti-Trump or for the Democratic segregationist. No wonder Senate Majority Leader Mitch McConnell wants to bury the suggestion under delaying tactics.

Posted in Uncategorized | 1 Comment

Not the Onion

“Race-Baiting Strip Club Shooter Regrets Acting as His Own Attorney” — Actual Miami news.

Posted in Law: Criminal Law, Miami, Onion/Not-Onion | Comments Off on Not the Onion

John McCain 1936-2018

John McCain was a mercurial figure, a genuine hero with at least one foot of clay. He was on the whole a very right-wing figure in US politics for about 35 years, but he had very important flashes of independence on some issues, including critically the Affordable Care Act which he consistently voted against — until he (literally) single-handedly saved it from repeal. At times he said just the right thing (rebuking a voter who said Obama was a frightening figure, an Arab); at times he took the low road, or, let ambition rule him on the campaign trail — although he himself later repented for one such “act of cowardice” and others, like Mike Huckabee, were much worse.

It’s worth remembering also, as Juan Cole reminds us in That Time the Republican Party Made McCain Black to Defeat his Presidential Bid, that long before Trump, key establishment figures in the GOP were race-baiting away. Nixon started the ‘southern strategy’; Reagan and Bush followed him through the electoral trail blazed by Roger Ailes and Karl Rove. In the long view, Trump is a culmination not an aberration, and McCain, for all his faults, is not simply the road not taken but a road that racial politics and demographics foreclosed.

McCain’s life had many fine moments, and his passing is a time to celebrate those while noting that the flawed vessels (which we all are) can contain greatness. Heroism in captivity trumps terrible carelessness as an aviator, and fed a consistent opposition to torture. McCain was (usually) anti-racist; he and his wife adopted a child from Bangladesh, leading to Rovian suggestions that McCain had fathered a Black child.

McCain’s selection of Sarah Palin for his vice-presidential running mate was irresponsible (another case of ambition and, here, desperation, displacing statesmanship), and in the view of some caused long-term harm by emboldening the know-nothing wing of the Republican party (I don’t much agree, I see it more as reflection than cause, as that wing was taking over anyway). But McCain’s concession speech when he lost the election to Barack Obama in 2008 was more than civil: the speech was noble in a way that now seems to belong to another age, and in a sign of things to come was greeted with boos initially by its Republican audience:

My friends, we have come to the end of a long journey. The American people have spoken, and they have spoken clearly. A little while ago, I had the honor of calling Sen. Barack Obama — to congratulate him on being elected the next president of the country that we both love.

In a contest as long and difficult as this campaign has been, his success alone commands my respect for his ability and perseverance. But that he managed to do so by inspiring the hopes of so many millions of Americans, who had once wrongly believed that they had little at stake or little influence in the election of an American president, is something I deeply admire and commend him for achieving.

This is an historic election, and I recognize the special significance it has for African-Americans and for the special pride that must be theirs tonight.

I’ve always believed that America offers opportunities to all who have the industry and will to seize it. Sen. Obama believes that, too. But we both recognize that though we have come a long way from the old injustices that once stained our nation’s reputation and denied some Americans the full blessings of American citizenship, the memory of them still had the power to wound.

A century ago, President Theodore Roosevelt’s invitation of Booker T. Washington to visit — to dine at the White House — was taken as an outrage in many quarters. America today is a world away from the cruel and prideful bigotry of that time. There is no better evidence of this than the election of an African-American to the presidency of the United States. Let there be no reason now for any American to fail to cherish their citizenship in this, the greatest nation on Earth.

Sen. Obama has achieved a great thing for himself and for his country. I applaud him for it, and offer my sincere sympathy that his beloved grandmother did not live to see this day — though our faith assures us she is at rest in the presence of her Creator and so very proud of the good man she helped raise.

Sen. Obama and I have had and argued our differences, and he has prevailed. No doubt many of those differences remain. These are difficult times for our country, and I pledge to him tonight to do all in my power to help him lead us through the many challenges we face.

I urge all Americans who supported me to join me in not just congratulating him, but offering our next president our goodwill and earnest effort to find ways to come together, to find the necessary compromises, to bridge our differences and help restore our prosperity, defend our security in a dangerous world, and leave our children and grandchildren a stronger, better country than we inherited.

Whatever our differences, we are fellow Americans. And please believe me when I say no association has ever meant more to me than that.

It is natural tonight to feel some disappointment, but tomorrow we must move beyond it and work together to get our country moving again. …

Let’s remember that McCain today.

Posted in Politics | 1 Comment

Fauna Update: Hybrid Pythons

One of the, er, joys of living in South Florida is that some of the flora looks like it wants to eat you, and some of the fauna actually would be very happy to do so. Much of that fauna is indigenous — alligators, crocodiles, scorpions (non-fatal, I’m so relived), spiders, and a zillion other bugs, some of which carry Zika — but some like lionfish and pythons are imports, just like most of the people.

Turns out that the pythons — which get big enough to eat deer and alligators — are not just invaders, they’re hybridizing:

… a study from the U.S. Geological Survey (USGS) released Tuesday sheds light on why the reptiles have adapted so well to the River of Grass: Some are not full-bred Burmese pythons. Instead, the study suggests a portion of the snake invaders are a cross between the Burmese (Python bivittatus) and its close cousin, the Indian python (Python molurus).

That’s an important point, because Burmese pythons tend to prefer wetlands, while Indian pythons thrive on higher ground.

Sooo happy to learn that the new cross-breeds have “hybrid vigor” and are just as happy on dry land as in swamps.

And waiting in the wings: Meat-eating tegu lizards and invasive “super termites”.

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Plumbing the Entrails of the Cohen Plea Deal

One of the less-minor mysteries of yesterday’s twin courtroom bombshells was the absence of a formal plea deal between Cohen and the government.  Fortunately we have expert local lawyer David Oscar Markus to explain it to us:

The parties agreed that no variance arguments can be made, up or down. This is a BIG concession by Cohen’s lawyers and is sometimes seen in the SDNY when there is cooperation credit coming. Without the cooperation credit, it’s a terrible deal for Cohen. He’s basically pleading guilty to all of the offenses and not getting anything in return other than the 3 points. If he pleaded straight up, he would at least be able to argue for a sentence under the guidelines. Even with the potential of a cooperation deal, it seems very harsh.

That’s why it’s obvious that Cohen is cooperating, even though it’s not specifically mentioned in the plea agreement. Otherwise, the deal makes no sense. He said as much during his colloquy today and his lawyer, Lanny Davis, has been all over the news saying the same thing.

If he gets cooperation credit, the defense will be asking for a significant reduction below the guidelines — probably all the way to probation.

Okay.  Now I get it. Thank you.

Posted in Law: Criminal Law, The Scandals | 3 Comments