Judicial Bias: the fight in the back hallway

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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

“Lent” – a Verse by Steve Shoemaker

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Steve Shoemaker (1942-2016) shared equal time on Views from the Edge until his untimely death. Steve’s genre was poetry. Often his poems and verses led readers by the nose through his lines to the surprising last line that shed a humorous light on all that had come before. Steve was a 6’8″ gentle giant who lay on his side at night, quietly typing a new inspiration into his iPhone in the dark so as not to disturb his wife Nadja at 3:00 A.M. Poems like this one were waiting in my in-box in the morning.

Steve lived to write and craved desserts (especially his nightly bowl of ice cream) and sex, matters about which, so far as I could tell, he hadn’t lied. Nor did he brag or exaggerate. Of the seven friends who knew each other well over four decades, Steve was the least self-centered with the wryest sense of humor. He never denied himself a bowl of ice cream!

LENT

I will give up writing poems for Lent

I will give up eating desserts for Lent.

I will give up sex for Lent.

I will give up thinking about sex for Lent.

I will give up lying for Lent.

I will give up bragging for Lent.

I will give up exaggerating for Lent.

I will give up self-centeredness for Lent.


I will give up self-denial for Lent.

– Steve Shoemaker, Urbana, IL

March 5, 2014 (Ash Wednesday)

In this era of ill-humor and self-indulgence, Steve’s tongue-in-cheek verse again rings the bell on the betrayals of our best intentions, and our common need for repentance and forgiveness.

The Day the Ashes Were Turned into Water

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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 Level Playing Field: Ash Wednesday

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Today levels the playing field. Our differences make no difference today.  What you have become is beside the point today. All the quarrels and distinctions are beside the point. Ash Wednesday is the leveler. The eraser. The antidote. The reminder that we are mortal. That I am living my death as you are living yours and dying my life while you are dying yours. Today, the roosters comb their heads with ashes and stop crowing.

Roosters strutting and crowing in the barnyard

If it often seems that the roosters are in charge of the barnyard, today reminds them and us that, in the end, they are not. Neither are we. Ash Wednesday levels us all to the baseline of zero. “Remember that you are dust and to dust you shall return.” No matter whether you’ve crowed or cowered, no matter the story you tell yourself about yourself in comparison to others, you are no exception. Every reason for pride or self-loathing, and division, is erased by a pencil bigger than our mortal selves.

Whether our stories are re-written by a better Author will continue to be one more matter of dispute and division, but there can be no reasonable doubt about our mortality. “You are dust, and to dust you shall return.” In the meantime, before the roosters stop strutting and crowing and all the cock combs fall to the leveling plain, those who see the face of God in the compassion of Jesus remember the ethic appropriate to those still living in the barnyard:

“As they were arguing over who was the greatest, Jesus said to his disciples, ‘The roosters strut and crow, and you think you are dependent on them. Don’t be like them. Instead, the greatest among you should be like the youngest, and the one who leads like the one who serves.”– (Luke 22: 24-26, GCS translation)

Today, I offer my forehead for the imposition of ashes and pray that in the citadels of power someone else will do the same, for the sake of life itself.

— Gordon C. Stewart, Chaska, MN, Feb. 14, 2018.

Amid the Flood

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Days before reading and re-publishing Linn Ullman’s lines about memory and the loss of it (“You just can’t think too deeply about it”), one of the four remaining classmates of what we’ve called The Chicago Seven, The Gathering, and now The Old Dogs, sent the rest of us an article on Alzheimer’s our latest deceased brother, Wayne, had published years ago.

Chicago Seven Gathering L to R: Wayne Boulton, Harry Strong, Gordon, Steve Shoemaker, Dale Hartwig, Don Dempsey, Bob Young@ McCormick Theological Seminary, Chicago, IL, 2004.

As Wayne had imagined his ship going over the far horizon, his worst thought was not death. It was that he would live on, like his father had, without remembering how to tie his shoelaces and without recognizing Vicki, the love of his life, his sons Matt and Chris, daughters-in-law Liz and Libby, and the grandchildren who brought him such joy.

That nightmare didn’t happen. He went out with his mind in tact, as much as a hospice patient’s mind is ever fully there. Aside from his last few days, Wayne’s mind was clear and his heart was full. The article Harry sent the three other surviving Dogs is a reflection on Psalm 90:10, 12 (RSV):

The days of our life are seventy years,
    or perhaps eighty, if we are strong;
even then their span is only toil and trouble;
    they are soon gone, and we fly away. teach us to count our days
that we may gain a wise heart.

When he died in 1989, the sum of Dad’s years came closer to fourscore than to threescore and ten. With the psalmist, I attribute this number to his strength, but I would not wish the manner of his death on anyone. He died of complications due to Alzheimer’s disease.

It was my first experience with the death of an immediate family member, so I was no veteran. I found myself up against a more complicated reality than I had anticipated. I remember thinking at the time that some portion of this is just plain death: nasty, sad, the way death always is. But it is not natural death. It is something else. In the words of Martin Luther’s signature hymn, the disease threw every member of Dad’s little nuclear family—his wife, daughter-in-law, and myself—into a “flood of mortal ills prevailing.”

Amid the Flood,” Wayne G. Boulton, Reformed Review, Western Theological Seminary, December 1, 2000.

Wayne died the way he lived and lived the way he died. Faithful son, husband, grandfather, and friend. Wise. Compassionate. Pastoral. Realistic. Hopeful. Consoler. Prayerful. Private. Counselor. Social critic. Political wonk. Brilliant Christian theologian-ethicist. Follower of truth wherever it led him. All of that and so much more. But, if I had the pen to engrave his epitaph on the simple grave stone in the cemetery of the Mount Vernon Presbyterian Church, if might read,

A sheep of Your own fold, a lamb of Your own flock, a sinner of Your own redeeming, humble servant his Lord and Savior Jesus Christ amid the flood of mortal ills.

  • Gordon C. Stewart, Chaska, MN, March 5, 2019.

You just can’t think too deeply about it

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Consolation following a loved one’s death comes hard sometimes. Wayne died of pancreatic cancer. But his greatest fear was that he would die the way his father did: living with Alzheimer’s, staring at his shoes. He still remembered how to tie his shoelaces. ~ Gordon, remembering Wayne G. Boulton (1941-2019).

Live & Learn

Think about the work that goes into tying your shoelaces. It calls for physical exertion, dexterity, and cleverness, any child between the ages of six and nine years old knows it, early in life it is a serious matter, the bow the greatest mystery, the fingers, the hands, the laces, altogether an apparently unsolvable riddle. But once you have mastered it, you forget how complicated it is, the years pass until one day—having put your socks on—you look down at your feet, unsure of how to proceed.

Linn Ullmann, ”Unquiet: A Novel” (W. W. Norton & Company, January 15, 2019)


Notes: Photo titled Self Perfection by Randy’sPhotography

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Elijah stands up for democracy

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Good morning, Bumpa!

Well, good morning to you, Elijah! It’s cold, but it looks like a great day.

Yeah, the sun’s out. I get to see the sunshine on the drive to daycare.

That’s a long drive.

Yeah, last Wednesday it took us two hours! But that wasn’t the worst thing, Bumpa.

What was the worst thing?

Television!

Didn’t the TV work?

No, it worked. It was on all day!

So what was the problem?

We’re a democracy, right, Bumpa?

Well, Sort of. Yes. What’s that have to do with the television?

Democracy’s where everybody votes and majority wins, right?

Pretty much. I’m not following. What’s majority rule have to do the television?

Marissa got the only vote last Wednesday! That’s not fair!

Well, it is her house. It’s Marissa’s television, and she’s the only adult in the house. Majority rule doesn’t apply. Daycare’s not a democracy.

Yeah, it’s authoritarian! She was a tyrant, Bumpa! We couldn’t watch Sesame Street and our other kids programs.

What did you watch instead of Sesame Street?

The Michael Cone Show. All day. In Congress. The people were mean, Bumpa!

You watched the whole hearing?

Well, not all of it. We kept protesting and Marissa was making a lot of noise shouting at the Show.

Was she mad at you?

No.

Was she mad at Michael Cone?

No.

So, who was she mad at, Elijah?

The Publicans! Every time one of the Publicans was mean to Michael, Marissa yelled, El que está sin pecado, tire la primera piedra!”*

— Grandpa (“Bumpa”) Gordon, Chaska, MN, March 4, 2019.

*In English for others of you who don’t speak Spanish: “Let him who is without sin cast the first stone!”


The Magician’s Bargain in 2019 America

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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.

I chose to show him empathy

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When the killer of 11 Shabbat worshipers at Tree of Life synagogue in Pittsburgh was admitted to the hospital emergency room, he had no idea the E.R. nurse who showed him compassion was Jewish. In this piece, Ari  Mahler, R.N. writes of his experience. It was originally published on Blogspot.com.

“The Jewish Nurse”

I am The Jewish Nurse.

Yes, that Jewish Nurse. The same one that people are talking about in the Pittsburgh shooting that left 11 dead. The trauma nurse in the ER that cared for Robert Bowers who yelled, “Death to all Jews,” as he was wheeled into the hospital. The Jewish nurse who ran into a room to save his life.

To be honest, I’m nervous about sharing this. I just know I feel alone right now, and the irony of the world talking about me doesn’t seem fair without the chance to speak for myself.

When I was a kid, being labeled “The Jewish (anything)”, undoubtedly had derogatory connotations attached to it. That’s why it feels so awkward to me that people suddenly look at it as an endearing term. As an adult, deflecting my religion by saying “I’m not that religious,” makes it easier for people to accept I’m Jewish – especially when I tell them my father is a rabbi. “I’m not that religious,” is like saying, “Don’t worry, I’m not that Jewish, therefore, I’m not so different than you,” and like clockwork, people don’t look at me as awkwardly as they did a few seconds beforehand.

I experienced anti-Semitism a lot as a kid. It’s hard for me to say if it was always a product of genuine hatred, or if kids with their own problems found a reason to single me out from others. Sure, there were a few Jewish kids at my school, but no one else had a father who was a Rabbi. I found drawings on desks of my family being marched into gas chambers, swastikas drawn on my locker, and notes shoved inside of it saying, “Die Jew. Love, Hitler.” It was a different time back then, where bullying was not monitored like it is now. I was weak, too. Rather than tell anyone, I hid behind fear. Telling on the people who did this would only lead to consequences far worse.

Regardless, the fact that this shooting took place doesn’t shock me. To be honest, it’s only a matter of time before the next one happens. History refutes hope that things will change. My heart yearns for change, but today’s climate doesn’t foster nurturing, tolerance, or civility. Even before this shooting took place, there’s no real evidence supporting otherwise. The FBI and the Southern Poverty Law Center note that Jews only account for two percent of the U.S. population, yet 60% of all religious hate crimes are committed against them. I don’t know why people hate us so much, but the underbelly of anti-Semitism seems to be thriving.

So now, here I am, The Jewish Nurse that cared for Robert Bowers. I’ve watched them talk about me on CNN, Fox News, Anderson Cooper, PBS, and the local news stations. I’ve read articles mentioning me in the NY Times and the Washington Post. The fact that I did my job, a job which requires compassion and empathy over everything, is newsworthy to people because I’m Jewish. Even more so because my dad’s a Rabbi.

To be honest, I didn’t see evil when I looked into Robert Bower’s eyes. I saw something else. I can’t go into details of our interactions because of HIPAA. I can tell you that as his nurse, or anyone’s nurse, my care is given through kindness, my actions are measured with empathy, and regardless of the person you may be when you’re not in my care, each breath you take is more beautiful than the last when you’re lying on my stretcher. This was the same Robert Bowers that just committed mass homicide. The Robert Bowers who instilled panic in my heart worrying my parents were two of his 11 victims less than an hour before his arrival.

I’m sure he had no idea I was Jewish. Why thank a Jewish nurse, when 15 minutes beforehand, you’d shoot me in the head with no remorse? I didn’t say a word to him about my religion. I chose not to say anything to him the entire time. I wanted him to feel compassion. I chose to show him empathy. I felt that the best way to honor his victims was for a Jew to prove him wrong. Besides, if he finds out I’m Jewish, does it really matter? The better question is, what does it mean to you?

Love. That’s why I did it. Love as an action is more powerful than words, and love in the face of evil gives others hope. It demonstrates humanity. It reaffirms why we’re all here. The meaning of life is to give meaning to life, and love is the ultimate force that connects all living beings. I could care less what Robert Bowers thinks, but you, the person reading this, love is the only message I wish instill in you. If my actions mean anything, love means everything.

Respectfully,

Ari Mahler, RN.
4th December 2018

A follow-up post will appear on Views from the Edge.

–Gordon C. Stewart, Chaska MN, March 1, 2019.

We’re better than this!

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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!