Judicial Bias: the fight in the back hallway

Yesterday’s light sentence of Paul Manafort leads observers to wonder what happened. Why would Judge T. S. Ellis depart from the federal sentencing guidelines (19-24 years)? Why would a judge depart so egregiously to render a sentence of 47 months?


These questions and the judge’s remarks painting Mr. Manafort as an ill-fated first-time offender who had led a blameless life beg for answers.

Searching the internet for cases of judicial bias or misconduct led to the case of Judge John C. Murphy of Brevard County, Florida that brought an unexpected laugh.

Judge John C. Murphy of Brevard County, Florida, made headlines in June 2014, when he was recorded on camera challenging a public defender to a fistfight. Andrew Weinstock, the public defender acting in the normal course of representation, had refused to have his client waive the right to a trial. This set off a number of heated remarks which included Judge Murphy stating: “You know, if I had a rock, I would throw it at you right now.” When Weinstock refused to sit down, Judge Murphy then told him: “If you want to fight, let’s go out back and I’ll just beat your ass.”

Deputy Bryon Griffin, who was at the scene, described it as follows: “I stepped into the back hallway and saw the two of them grabbing ahold of each other’s suitcoat, pushing each other back and forth…I heard Judge Murphy say, ‘Do you wanna f-ck with me, do you?’ and I heard Mr. Weinstock say, ‘Alright.’ I immediately stepped in and separated the two of them as they still had a grasp on each other.”

Top 5 list of real-life judicial misconduct, Ballotpedia

We need a laugh in times like this when different ones of us might welcome a good fist fight in the back hall, but the humor is momentary. An article in Forbes this morning suggests political bias behind Judge Ellis’s lenient sentence of Manafort when compared with a similar case of a Democrat in 2009:

Take a comparison of the Manafort case with another prosecution of a political figure, a Democratic Congressman from Louisiana named William J. Jefferson. …

Manafort may have gotten off easy with four years, but Ellis threw the book at Jefferson. In 2009 Ellis sentenced Jefferson to 13 years, the longest sentence of any Congressman to that date. … It seems that while Judge Ellis can sympathize with Manafort, the Republican presidential campaign manager, he did not sympathize with Jefferson.

Charles Tiefer, “Judge who let manafort off easy with 47 months has conservative pedigree,” forbes, March 7, 2019.

Describing Paul Manafort at yesterday’s sentencing, Judge Ellis cedited Mr. Manafort for having been “a good friend” and “a generous person” who “has lived a blameless life” and “earned the admiration of a number of people.” It’s commendable judicial practice to offer some hope to the person being sent to prison. But might not these same attributes have been said of Al Capone, John Gotti, or Gordon Liddy, all good, generous family men who, until they were caught, had led “blameless lives”?.

Given Judge Ellis’s disrespectful remarks and angry outbursts against the Mueller investigator prosecutors, and his rulings against the admission of evidence, is it unthinkable to imagine the “Caesar of his own little Rome,” challenging the prosecutor to a fist fight in the back hallway behind the bar?

— Gordon C. Stewart

The Day the Ashes Were Turned into Water

We are drowning in a sea of lies, but the ocean has a way of caring for itself. Without exception, all life is part of the Ocean. If it seems strange to be talking about water on Ash Wednesday, perhaps a memory will bring water and ashes together for you, as it did for me.

The Ash Wednesday I’m remembering, I robed 20 minutes or so before the 7:00 PM Ash Wednesday. There was plenty of time. I went to fetch the the little ZipLock bag of ashes. I’d forgotten that the credenza where I’d always stored the ashes had been moved from my office to the church basement. I rushed to the basement to where the credenza had re-located. There was no credenza. Finally it dawned me that the credenza had been sold at for a couple of bucks at the annual festival-flea market last fall.

“Somebody has my ashes,” I thought, “and they’ll probably treat them like dirt! Or maybe they’ll freak out, thinking the ashes are somebody’s cremains!”

What to do? Burn some newspapers! Smoke a cigar! No time for that. There would be no imposition of ashes. No outward, visible sign that we are dust and we return to the dust — the thing we never want hear. It was then that the missing ashes were turned into water.

We filled the baptismal font with water and marked each worshiper with the waters of baptism. “[Carol, Bob, Judi, Clyde], you are a disciple of Jesus Christ. Live in his love and serve him. And never forget to be grateful.”

The last worshiper to leave that Ash Wednesday Service offered to do for me what had been done for her.

“Gordon,” she said, marking my forehead with water, “you are a disciple of Jesus Christ. Live in his love and serve him. And never forget to be grateful.”

Like the miracle at Cana where water was turned into wine at a wedding, the turning of ashes into water became an unexpected moment of joy in the communion of saints.

Today, when we feel overwhelmed by a sea of lies, remember that everything empties in the Ocean. I wish you an Ash Wednesday when your ashes are turned to water, and a few drops of the vast Ocean wash away what you’ve lost and welcome you home for a sacred communion.

— Gordon C. Stewart, Ash Wednesday, March 6, 2019, in Chaska, MN.

Photograph is the baptistery in the Church of the Sacred Heart in Monza, Italy, uploaded from Wikipedia.

The Magician’s Bargain in 2019 America

Beneath the surface of the obvious turmoil in American lies a fissure deeper than our differences. More than just a fissure. A seismic shift in the ground that has traditionally held the nation together, as suggested by this adaptation of L. Robert Kohl’s “The Values Americans Live By”:

Traditional American Cultural Values

1. PERSONAL CONTROL OVER THE ENVIRONMENT
People can/should control nature, their own environment and destiny. The future is not left to fate.
Result: An energetic, goal-oriented society.

2. CHANGE / MOBILITY
Change is seen as positive and good. This means progress, improvement and growth.
Result: An established transient society geographically, economically and socially.

3. TIME AND ITS IMPORTANCE
Time is valuable - achievement of goals depends on the productive use of time.
Result: An efficient and progressive society often at the expense of interpersonal relationships.

4. EQUALITY / EGALITARIANISM
People have equal opportunities; people are important as individuals, for who they are, not from which family they come.
Result: A society where little deference is shown or status is acknowledged.

5. INDIVIDUALISM, INDEPENDENCE AND PRIVACY
People are seen as separate individuals (not group members) with individual needs. People need time to be alone and to be themselves.
Result: Americans may be seen as self-centered and sometimes isolated and lonely.

6. SELF-HELP
Americans take pride in their own accomplishments.
Result: Americans give respect for self achievements not achievements based on rights of birth.

7. COMPETITION AND FREE ENTERPRISE
Americans believe competition brings out the best in people and free enterprise leads to progress and produces success
Result: Competition is emphasized over cooperation.

8. FUTURE ORIENTATION / OPTIMISM
Americans believe that, regardless of past or present, the future will be better and happier.
Result: Americans place less value on past events and constantly look ahead to tomorrow.

9. ACTION AND WORK ORIENTATION
Americans believe that work is morally right; that it is immoral to waste time.
Result: There is more emphasis on "doing" rather than "being". This is a no-nonsense attitude toward life.

10. INFORMALITY
Americans believe that formality is "un-American" and a show of arrogance and superiority.
Result: A casual, egalitarian attitude between people is more accepted.

11. DIRECTNESS / OPENNESS / HONESTY
One can only trust people who "look you in the eye" and "tell it like it is". Truth is a function of reality not of circumstance.
Result: People tend to tell the "truth" and not worry about saving the other person's "face" or "honor".

12. PRACTICALITY / EFFICIENCY
Practicality is usually the most important consideration when decisions are to be made.
Result: Americans place less emphasis on the subjective, aesthetic, emotional or consensual decisions.

13. MATERIALISM / ACQUISITIVENESS
Material goods are seen as the just rewards of hard-work, the evidence of "God's favor."
Result: Americans are seen as caring more for things than people or relationships.

Adapted from http://“The Values Americans Live By”, L. Robert Kohls

Thoughtful people may quibble with Robert Kohl’s list. But few would erase the 11th valuehonesty/trustworthiness –as bedrock to the American experiment in democracy. 

The Magician’s Bargain

Looking each other in the eye and “telling it like it is” has been chipped away, replaced by the twists of tongue and cunning to get and hold power. In our time, truth has been reduced to a function of circumstance in the road to power. We live with the consequences of what C.S. Lewis called the magician’s bargain.

It is the magician’s bargain: give up our soul, get power in return. But once our souls, that is, ourselves, have been given up, the power thus conferred will not belong to us. We shall in fact be the slaves and puppets of that to which we have given our souls.

C.S. Lewis, The Abolition of Man

The surrender of soul in return for power is the seismic shift in the America of 2019. Honesty/openness/directness have never been a fact of our common life. The 11th traditional value is aspirational. There have been and always will be lies. But never in my lifetime has truth-telling been less valued than it is today in the highest places of government. To the chagrin and sadness of George Will and other principled traditional conservatives, it is the children of Jerry Falwell‘s Moral Majority who engage the moral magician’s bargain.

The Irony of the American Magician’s Bargain

Michael Cohen testified last week before the U.S. House Oversight and Reform Committee. The minority members of the Committee attacked the credibility of the convicted criminal who had served for 10 years as the president’s personal lawyer and “fixer” and chose to ignore the hard evidence the president’s “rat” had placed before them.

The only difference between Michael Cohen and those who refused to exercise their duty to uphold the Constitution was that Michael had confessed.

Do we feel the rumbling of the common ground beneath the partisan divide?

How deep is the loss! How much greater the challenge. Ben Franklin would have a cow!

“We laugh at honor and are shocked to find traitors in our midst.”  — C.S. Lewis, The Abolition of Man.

— Gordon C. Stewart, Chaska, MN, March 2, 2019.

We’re better than this!

Elijah spoke yesterday. Elijah preached yesterday. Elijah spoke from the heart yesterday. Elijah was kind yesterday. Elijah warned us yesterday. Elijah spoke of destiny yesterday. Elijah challenged all of us yesterday:

“C’mon now! We’re better than this! We really are!

Congressman Elijah Cummings, Chair of the U.S. House Committee on Oversight and Reform, is named after the Hebrew prophet.

Rep. Elijah Cummings’ closing remarks at House Oversight and Reform Committee hearing examining Michael Cohen, February 27, 2019.

— Gordon C. Stewart, Chaska, MN, Feb. 28 2019.

Elijah made Elijah proud yesterday!


Elijah and the Missing Children

Bumpa, you’re mean! Why do you keep saying that?

Say what, Elijah?

That there’s no national emergency?

Because there isn’t.

Yes there is.

No, there isn’t. How would you know? You’re only 21.

You’re cruel, Bumpa! POTUS is kinder than you!

What’s gotten into your little head?

My head’s not little! My head’s bigger than 96 percent. Doctor said so! I’m in the top four percent!

I know. That’s good. But you shouldn’t get a big head about that! So, tell me, why do you think there’s a real national emergency? 

POTUS declared it. I saw it on PBS!

On Sesame Street? Did Big Bird tell you?

No. It came on after Sesame Street. I saw it!

What did you see, Elijah?

MISSING children, Bumpa! Don’t you know? 1,475 kidnapped children, Bumpa! That’s a national emergency! We need to help rescue all those kidnapped children!

I hear you. We do. But the kidnappers didn’t come from south of the border. The kidnappers are not here illegally.

Uh-huh!

No, they aren’t. They’re legal. Homeland Security took them!

I like security. So there’s no national energency? The children are safe?

Well, no, Elijah. Homeland Security took them away from their parents, and then Homeland Security lost them

So the President called a national emergency to find them, right?

No, Elijah. POTUS hasn’t said one word about the missing children.

Why, Bumpa? Why? That’s not right! Jesus loves the little children, all the children of the world, right?

Right! It’s not right! 

Right, I told you! You’re wrong! There is a national emergency.

— Bumpa and Elijah, Chaska, MN, Feb. 18, 2019

Elijah and Grumpy Old Bumpa

Bumpa, can I be president… or do I have to be a lawyer?

Yes, you can, and no, you don’t. Why would you ask that, Elijah?

‘Cause they’re the only people who count.

Oh, my, Elijah! You were born in a strange time!

Uh-uh! I was nine when I was born. Mom says it was past time. Mom was miserable before I got borned.

She was, Elijah. She sure was.

You’re miserable, Bumpa! Are you pregnant?

No, only young women get pregnant and miserable. Old men just get miserable and grumpy.

Yeah, we’re Minnesotans. When can we go ice fishing?

fish houses of ice fishermen in Minnesota

Grandpa doesn’t do ice fishing. Maybe Uncle Andrew will take you and Calvin together.

Does Uncle Andrew have a fish house?

No. You don’t have to have a fish house to go ice fishing.

But you have to have a big house if you want to be president or a lawyer, right?

Well, no. You don’t have to have a big house to be a lawyer. Some lawyers are street lawyers and public defenders. All lawyers take an oath to protect the constitution.

But some lawyers are bad, right? Like Michael Cohen and Rudy Giuliani. Grandma says they’re walkin on thin ice. It’s a national emergency!

Yes and no, Elijah. Mr. Cohen and Mr. Giuliani represented or represent the president. The president’s about to fall through the ice for making stuff up.

Yeah, the president’s a national emergency and his lawyers pretend he’s not!

Yes, that’s our opinion.

Right! I changed my mind. I don’t want to be president, Bumpa, and I’m glad I don’t have to be like Michael and Rudy.

Like I said, Elijah, you could be either president or a lawyer, but you don’t have to be. You can be anything you want.

OK! I wanna to be like Uncle Andrew! I can be a ice fisherman right here in Minnesota and grow up to be a grumpy old man. I wanna be like you, Bumpa.

— Grandpa (“Bumpa”) Stewart and Elijah (21 months old), Chaska, MN, February 17, 2019

Mad King George and the national emergency

King George III is remembered as the “mad” British king responsible for losing the American colonies that became the United States of America, a constitutional democratic republic. The cause of George’s illness continues to be a matter of dispute.

The new American constitutional republic turned its back on King George III [shown here in Allan Ramsay’s portrait “King George III in coronation robes”] and on any future British royals who might re-claim the American colonies. But old habits die hard, and, it seems, old Kings never die.

Mad kings like King George III occasionally re-appear in dark suits and red ties without their coronation robes when a free people forgets its origins. “Mad King George” disguises himself as the people’s sole protector against barbarian invaders who threaten his realm. “Mad King George” throws a fit as defender of the republic, and once again raids the nation’s treasury to protect an anxious people from the threat that comes from his head.

“A new way to pay the National Debt” (1786). James Gillray caricatured King George III and Queen Charlotte awash with treasury funds to cover royal debts, with Pitt handing him another money bag. A quad-amputee sits on the ground to the left with an overturned and empty hat between the stubs of his legs, which are fitted with prostheses.” – uploaded from Wikipedia entry on Mad King Charles.

This morning, King George III, acting under the limited powers granted a president by the U.S. Constitution, declared a national emergency to stop the invasion from the southern border. Announcing his decision in the White House Rose Garden, he declared, as he had centuries before in England:

“Anyone who does not agree with me is a traitor and a scoundrel.”

I never believed in ghosts, but I do believe experience is our best teacher. Some ghosts come back to haunt us. After all these years, the ghost of “Mad King George” has emigrated to the colonies to reclaim the subjects he once lost.

— Gordon C. Stewart, Chaska, MN, Feb. 16, 2019.

Why do British people NOT like Trump?

This morning we offer, without further comment, this serious and witty piece by English writer Nate White, published by The WOW Report.

“Why do British people NOT like Trump?” — The WOW Report, 2/13/19

The 90 year-old Queen is forced to go around our idiot President,
who doesn’t even know how to walk properly

“A few things spring to mind.

“Trump lacks certain qualities which the British traditionally esteem.

“For instance, he has no class, no charm, no coolness, no credibility, no compassion, no wit, no warmth, no wisdom, no subtlety, no sensitivity, no self-awareness, no humility, no honour and no grace – all qualities, funnily enough, with which his predecessor Mr. Obama was generously blessed.

“So for us, the stark contrast does rather throw Trump’s limitations into embarrassingly sharp relief.

“Plus, we like a laugh. And while Trump may be laughable, he has never once said anything wry, witty or even faintly amusing – not once, ever.

“I don’t say that rhetorically, I mean it quite literally: not once, not ever. And that fact is particularly disturbing to the British sensibility – for us, to lack humour is almost inhuman.

“But with Trump, it’s a fact. He doesn’t even seem to understand what a joke is – his idea of a joke is a crass comment, an illiterate insult, a casual act of cruelty.

Trump is a troll

And like all trolls, he is never funny and he never laughs; he only crows or jeers.

And scarily, he doesn’t just talk in crude, witless insults – he actually thinks in them. His mind is a simple bot-like algorithm of petty prejudices and knee-jerk nastiness.

There is never any under-layer of irony, complexity, nuance or depth. It’s all surface.

Some Americans might see this as refreshingly upfront.

Well, we don’t. We see it as having no inner world, no soul.

And in Britain we traditionally side with David, not Goliath. All our heroes are plucky underdogs: Robin Hood, Dick Whittington, Oliver Twist.

Trump is neither plucky, nor an underdog. He is the exact opposite of that.

He’s not even a spoiled rich-boy, or a greedy fat-cat.

He’s more a fat white slug. A Jabba the Hutt of privilege.

And worse, he is that most unforgivable of all things to the British: a bully.

That is, except when he is among bullies; then he suddenly transforms into a snivelling sidekick instead.

There are unspoken rules to this stuff – the Queensberry rules of basic decency – and he breaks them all. He punches downwards – which a gentleman should, would, could never do – and every blow he aims is below the belt. He particularly likes to kick the vulnerable or voiceless – and he kicks them when they are down.

So the fact that a significant minority – perhaps a third – of Americans look at what he does, listen to what he says, and then think ‘Yeah, he seems like my kind of guy’ is a matter of some confusion and no little distress to British people, given that:

  • Americans are supposed to be nicer than us, and mostly are.
  • You don’t need a particularly keen eye for detail to spot a few flaws in the man.

This last point is what especially confuses and dismays British people, and many other people too; his faults seem pretty bloody hard to miss.

After all, it’s impossible to read a single tweet, or hear him speak a sentence or two, without staring deep into the abyss. He turns being artless into an art form;

he is a Picasso of pettiness; a Shakespeare of shit

His faults are fractal: even his flaws have flaws, and so on ad infinitum.

God knows there have always been stupid people in the world, and plenty of nasty people too. But rarely has stupidity been so nasty, or nastiness so stupid.

He makes Nixon look trustworthy and George W look smart

In fact, if Frankenstein decided to make a monster assembled entirely from human flaws – he would make a Trump.

And a remorseful Doctor Frankenstein would clutch out big clumpfuls of hair and scream in anguish:

‘My God… what… have… I… created?

If being a twat was a TV show, Trump would be the boxed set.

Brits fly a Trump Baby balloon over London which makes the POTUS “feel unwelcome”…
(Photo, YouTube; T/Y Michaela)

A Space Shuttle Ethic and Politic

Viewing former NASA Space Shuttle Pilot Mark Kelly‘s video this morning, the day we face the possibility of another government shutdown, inspires hope for a wiser future. NASA photograph of Earth as the Blue Marble invites us to recognize we’re all in this together.

Click Full Speed Ahead for Mark Kelly’s announcement of his candidacy for U.S. Senate in 2020. Mark Kelly is joined by his wife, former U.S. Congressional Rep. Gabby Giffords, whose formal public service came to an abrupt end with a near-fatal shot to the head on January 8, 2011. Congresswoman Giffords and Captain Kelly became leading voices for responsible gun control in the U.S.

L-R Space Shuttle crew Mark Kelly, Linda Godwin, Daniel Tani, Dominic Pudwill Gorie

– Gordon C. Stewart, Chaska, MN, Feb. 12, 2019.

10 Ways to Cheer Up in 2019

It’s gloomy out here. The snow. Temperatures to freeze a polar bear or roast a pig. Another government shutdown looming. Mistrust and hate hanging like storm clouds over family reunions, Washington, D.C, and your state capitol. Regardless of differing persuasions, we could use some rays of sunlight — things to cheer us up. Things to help us take ourselves a little less seriously.

If You’re BLUE . . .

#10 Before bed, sing along with Pete Seeger, “God’s Counting on Me

#9 Start the day by taking your rescue dog (or Portuguese Water Dog) for a walk

#8 Forget you live in a Red state.

#7 Imagine yourself in San Francisco

#6 When Uncle George comes for Thanksgiving, show him your Bernie sign

#5 Watch Ari on The Beat and Rachel on TRMS

#4 Attend a local meeting of The Climate Group or 350.org

#3 Write one more nasty e-mail to Sean Hannity 

#2 Bike over to Ben & Jerry’s to join The Resistance

#1 Move to Havana

If You’re RED . . .

10. When you call it a day, remember you won in 2016

9. Rising to meet the morning, forget you lost in 2018

8. Join the local MAGA 2020 committee

7. Spend the day watching FoxNews

6. Forget you live in a Blue state! Tune in to Rush.

5. When pro gun-control Aunt Gladys comes for Thanksgiving, make sure she faces the wall with your NRA poster

5. Send a letter and $10 to the Roger Stone Defense Committee

4. Write another nasty letter to CNN and Nancy Pelosi

3. Check www.whitehouse.gov for the latest news.

2. Have dinner at Chik-fil-A to support biblical principles

1. Move to Moscow

Whether you’re blue or red or purple, be positive. Cheer up. It could get worse. Do your civic duty.

Stay right where you are. Take deep breaths. Don’t drink or smoke too much . . . well, maybe just a little. Eat healthy meals. Take a nap every day. Listen deeply. Speak, as best you can, in ways that won’t send Uncle George or Aunt Gladys out the door in a huff. Be as patient with others as your dog is with you. And, when all else fails, remember the question put to those who were certain they were right. “How can you say to your neighbor, ‘Let me take the speck out of your eye,’ while the log is in your own eye? Before you take the speck out of your neighbor’s eye, take the log out of your own” [Jesus of Nazareth; Gospel of Matthew 7:4-5 NRSV].

If you want to stop turning red as a beet and getting the blues, remember that logs — like eyes and skin — come in many colors. Be gentle with others. Be gentle with yourself. Thanks for coming by Views from the Edge.

— Gordon C. Stewart, Chaska, MN, Feb. 11, 2019.