16 Comments
Jan 26Liked by David Kurtz

Thank you for this. You have beautifully described my own growing concerns over what can now only be described as judicial malpractice. I can express my frustration with my elected representatives and senators (although living in a deep red state such expressions have little if any effect) with calls, emails and letters. But there is no opportunity to express these concerns with members of the judiciary. Perhaps collective outrage as expressed in your blog and hopefully by others will have some effect. If not, we are in deep trouble.

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Please keep your message about how the legal system is failing America in front of the people. Loudly.

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All true. All deeply worrying.

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Jan 26Liked by David Kurtz

Thank you so much David for what you do. I always look forward to your logical, reflective and sensible personal messages. I too felt what you described about the slow, plodding legal system but had hope that the system would bring justice eventually; I agree with your current assessment. All the more reason to make sure trump is not elected.

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Good morning, David...well put and on point, as they say. Not just the courts, but also fault Main Justice for averting its glance from the obvious until the 6 Jan Committee rubbed its face into blatantly criminal and unconstitutional actions by tRump and his cohorts and enablers. So disappointed in the three-judge DCC panel for dragging out unnecessarily a patently obvious NO IMMUNITY decision on career criminal tRump...with the Jan 6 trial stayed, who knows when and if it will proceed, even with more pre-trial motions by the tRump team for further delays.

GA and MAL docs cases? God only knows where they're going, what can one say?

But, full marks to Judges Engorod and Kaplan for at least shepherding along the two civil trials that will result in severe financial penalties for tRump...small beer in comparison to his criminal liabilities, but still. Justice has not only been done, but seen to be done, which has robustly pierced the "Teflon Don" image of the orange scofflaw, and for which we are all grateful.

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David & Lance:

I don't think your timing to trash the Courts was very good as the "Court" kept tight reins on the degenerating Wreck presding over a 83.3 Million Dollar verdict. The E Jean earlier case got her a $5 Million dollar verdict. Cash or Bond required for any appeal.

Wreck has been quiet on Carroll for over 48 hours. E Jean will be made whole because the NY Legislators extended the statute of limitations for uterus victims in the state of New York at the lines that are still alive.

The 3 Judge Panel is not "dragging" anything out particularly because that opinion needs to be so overwhelming that SCOTUS will not grant CERT. We need a sequel to Marbury vs. Madison & nothing less.

New York disgorgement case is next very soon. Then NY DA Alvin Bragg will prosecut "Conconspirator Number One".

Number Two already served his time.

Are you really going questioning Fani? Her RICO action is probably the most complex & well executed RICO case in any state ever. The Fake Electors RICO overt acts present major civil & criminal risk for Wreck & gang members.

Post one negative element on JACK's prosecutorial skills timing or progress & I will address the matter. I have significant Trial experience but, Jack is playing 3 dimensional chess while 91 feloies in 4 cases spread out over the legal landscape.

No the cases will not be over in time for News at 11.

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Totally agree with you David. Watching the continued failures, seeing judges acting like French Generals in 1940 confronted with the German Blitzkrieg they cannot understand or believe, is really depressing.

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Thank you, David. You've expressed my frustration eloquently.

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That means a lot coming from one who practiced law. I read Joyce Vance and I can tell her patience is wearing thin as well. If it’s maddening to those that understand the profession, you can only imagine how the rest of the public feels.

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"There’s an entire vernacular around the downsides of too-swift justice: 'rough justice,' 'lynch mob,' 'show trial,' 'railroaded.' The list is long."

Whatever happened to "Justice delayed is justice denied"?

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It was ever thus. A couple examples of how swiftly "justice" can work when not aimed at the wealthy and well connected. George Floyd was investigated arrested tried convicted and sentenced and the sentence carried out in less than 20 minutes. Obviously far less egregious but still illustrative, I was once 15 minutes late to court for a $25 ticket. The judge made me post a $250 bond (this was back when $250 was like a week's pay that is if you had a good job) on the spot to stay out of jail.

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I truly cannot figure out what is going on with the courts. The supreme court will drop everything to rule against women's rights, but don't seem to think it is important to rule on something as vital as who can or cannot be president. Also the 5-4 ruling on the razor wire was extremely troubling as this should have been a simple reading of the constitution. I wonder if the judiciary is doing all this foot dragging because they hope t***p will allow them to survive if he is elected. Got news for them he wont at least not in any semblance of what we have now.

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Wow. Like you, I have counseled patience, and, like you, I am growing alarmed. I am not a Merrick Garland blamer. I see that as scapegoating. But I agree the court system as a whole has shown way too much deference on bringing Trump to account. It shouldn't be surprising, I guess, given the impact he has had on all of our other branches of government which is, in a word, crippling. Still, I am very worried. And media keeps moving the goal posts about accountability. After impeachment, he couldn't be blamed because he wasn't criminally indicted. Then when he was criminally indicted, he can't be held to account til he's convicted. I am willing to bet if he gets convicted, they won't want to hold him to account because the cases are out on appeal. It's worrisome and frustratingly impotent.

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I’m starting to feel quite alarmed especially with what’s going on with Texas at the moment. I am forever grateful that I live in California and that I am from Massachusetts.

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Re the lethargy and reticence of the legal system: part of it is intrinsic to the system -- it can only move so fast.

But what’s really worse is that if we had a vigorous opposition party -- maybe even only honest, fact-based political reporting with proper framing -- reliance on the judiciary would be unnecessary.

Meanwhile, a related problem isn’t just the judiciary but the parallel problem the concept of our elite being above the law. The 2008 financial crisis is of course the great recent example of that reluctance to hold accountable those who should be held accountable. And it took ~fifty years for the law to catch up with the media and bribed politicians-protected Trump to get busted -- and that still wouldn’t have happened we’re he not a POS POTUS. The response was so bad, it made Rudy’s frog marches for the cameras look good. (Not a defense of Rudy; indefensible.)

Back to the judges. The judges themselves “with it” when they actually get cases. Partisan apparent POS like Cannon and the putz in Texas whose name isn’t worth the time to look for are part of a very new trend. But as to the unfit POS appointed to the courts and DOJ by 45’s administration, David Weiss’ appointment as special prosecutor cracks me up conditionally. Presuming Marcy Wheeler’s analyses are correct, he’s in way beyond his head on this. Appointing for Hunter’s case was a great case of hoisting the Republicans by their own petard. I can’t see Abbe Lowell *not* chewing him up and all that.

Mandatory note: that press criticism above is exactly why I subscribe to TPM.

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MAGA VOTERS: we MUST release these undercover FBI and antifa hostages!

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