Get Out and Protect the Vote, Plebes!

So armies of volunteer lawyers, well-trained by the beardless bow-tied one, are out and about this week at early voting locations trying to encourage potential voters to stick it through, wait it out, and fill out the five-page double-sided ballot(!) that closely resembles my law school Con Law I exam.

Ain't democracy grand?

Yesterday I saw my pal Bob Fiore exercising his right to vote, dressed snazzily in a guayabera, and in fact everyone should early vote to relieve pressure on election day.

Note to Howard Srebnick -- if you early vote, you don't have to worry about being in the wrong precinct!

The Herald's Marc Caputo thinks proof of long lines at early voting sites that have reduced hours of operation means it was all "liberal spin" about GOP voter suppression efforts:

But the evidence of the longer, stronger lines also conflicts with a talking point from liberals: That the Legislature engaged in “voter suppression” by reducing the number of early-voting days from 14 to eight.

Is that really what you think a long line means?

When you have to wait 45 minutes in line at Kmart and there are only two lanes open do you surmise that people just must really love Kmart?

(Marc's solution -- just buy online!)

Seriously, though -- congrats to all the volunteers helping to ensure the vote is fair and accurate -- we all owe you a debt of gratitude.

Read more here: http://www.miamiherald.com/2012/10/28/3071749_early-vote-figures-dont-lie-but.html#storylink=addthis#storylink=cpy

A Thanksgiving Cornucopia of Kim Rothstein Photographs!

Well kids, it's that time again to give our thanks and blessings for another year.

I thought it pretty interesting that in years past Thanksgiving had both a "fasting" and "feasting" component.

Indeed, what does it say about us that everyone abandoned the "fast" part:

In the nearly 400 years since the first Thanksgiving, the holiday has come to mirror our transformation into a nation of gross overconsumption, but the New England colonists never intended for Thanksgiving to be a day of gluttony. They dished up restraint along with gratitude as a shared main course. What mattered most was not the feast itself, but the gathering together in thanks and praise for life’s most humble gifts. Perhaps this holiday season we could benefit from restoring a proper Thanksgiving balance between forbearance and indulgence.

Ben Kuehne has something to be thankful for, and so do we all. This is tremendous news, and what great timing!

David has more, including a statement from Ben, and you can see the order of dismissal here.

I hope some or all of you are giving something back this Thanksgiving, in a meaningful way.

And don't forget the powerful words of Johnny Carson:

Thanksgiving is an emotional holiday. People travel thousands of miles to be with people they only see once a year. And then discover once a year is way too often.

Enjoy the photographs, the bird and family, and have a peaceful and loving holiday weekend.

Ben Kuehne Freed!!!

Well, not quite (it's kinda my version of the "CASTRO ALMOST DEAD" teasers the Herald has been feeding readers every couple of months for the last decade or so).

Still, as David says, let's hope the feds dismiss the rest of the case.

Nice opinion by Judge Barkett, which concludes that Judge Cooke's opinion below was "eminently correct."

Indeed.

Judge Frank M. Hull Has A New Look?

Lots of coverage of the oral argument before the 11th in Ben Kuehne's case, including this nice piece by John Pacenti, which quotes our own David O. Markus:

Miami criminal defense attorney David O. Markus, who helped write an amicus brief on Kuehne’s case for the National Association of Criminal Defense Lawyers, said he was optimistic that Cooke’s rulings will be upheld.

“I thought some of the unprecedented positions the government took showed how truly weak its position really is,” he said.

David also attended the argument and his thoughts on how it went are here.

Question to DBR -- it's been a while before I argued in front of Judge Hull, but has he done something to his hair? Did he lose some weight?

I can't put my finger on it.

Wet N' Wild South Florida Monday

I tell you, you go away for some sublime windsurfing for a few days, and all hail breaks loose.

Let's take a look at all the legal doings in the news today:

Adam Trop takes the first post-Florida Supreme Court tobacco case to trial today in Broward circuit court. Tobacco defense counsel for life Ken Reilly of SHB expected to repeat the same script he has repeated endlessly, with some success, at least 8000 more times.

Meanwhile, the Herald is way late to reporting on the Ben Kuehne hearing last week, but at least files a story on it, quoting a very graphic David O. Markus.

FOB (friend of the blog) Brian Tannebaum shepherds former Strook attorney and high-flyer Richard B. Simring to a Bar suspension. More on that story here.

The DBR names its "Top Litigation Shops." See if your friends and lovers made the cut here.

And how was your long holiday weekend?

Tips To Help Spot SFL Tonight!

So I hope to see you all tonight at the Ben Kuehne fundraiser.

To enhance your chances of a successful meeting with your humble South Florida legal blogger, I offer the following tips:

1. As many of you know, I am on an intense diet. Thus, do not expect me to be chowing down on the many delectable eats that will be offered, unless they are serving oysters, ginseng, and vitamin E.

I am, however, likely to be hovering very near to the bar, perhaps indulging in the drink that certain flavored-vodka-lovers abhor. Be polite and offer me another.

2. It is true I am growing facial hair for charity this month. It has not been easy, but I shall not waver or be deterred in my cause. Simply lie and compliment me on my facial hair -- to do or say more would be inappropriate and frankly would not be believable.

BTW, don't forget to make a tax-deductible contribution to this worthwhile endeavor here.

3. This applies not just to me, but in any social situation. Put down your Crackberry. Trust me, you look like a schmuck standing around at a cocktail party fingering your little device instead of engaging someone in conversation. It's not hard -- go find Bob Josefsberg and ask him how he's doing.

Problem solved!

4. A related issue -- don't scan the room while talking to someone else. I know you want to pigeonhole that macher so you can brownnose your way to the top and you are instead stuck talking to that junior associate you have always hated, but stick with it fellas, and find a more polite way of moving on.

5. Try to be interesting. For many lawyers this is hard, but consider that what is fascinating to you might be incredibly dull to someone else. As a general rule this would mean you should avoid boring someone with:

a self-aggrandizing War Story;

a lengthy retelling of how you managed to file that ridiculously long summary judgment motion in the nick of time being careful to include an itemized list of all the secretarial and paralegal errors you encountered along the way;

any long descriptions of how only your child achieved something no other child in the world has ever achieved before; and, of course

any descriptions of your dreams.

Last but not least:

6. Come to the party in a gold one-piece swimsuit, with beaded cornrows in your hair.

Although if you are a male attorney it might not be best to break out this look for the first time at Ben's event, I promise dear readers of all persuasions that such a getup will guarantee many interesting conversations and you will indeed meet your humble legal blogger rather quickly upon arrival.

See you all at Christabelle's Quarter!

This Seems Like a Good Cause.

I'm sure Mr. Markus will be all over this, but hey it's good to get the word out, don'tcha think?

BTW I will be there, and will confirm my identity to those who ask politely, serve me a dry Gin Gibson (straight up), and commit to make a donation to our Movember facial hair growth charity fundraiser.

PLEASE JOIN

CO-CHAIRS
The Honorable Gerald Kogan & Robert Josefsberg

AND HOST COMMITTEE MEMBERS

The Florida Association of Criminal Defense Lawyers
The Miami Chapter of the Florida Association of Criminal Defense Lawyers
Ray Abadin, Robert Ader, Frank Angones, Jeffrey S. Bass, David Bogenschutz, Ron Book,
Bennett Brummer, Richard Burton, Bob Butterworth, Jennifer Coberly, Kendall Coffey,
Hank Coxe, Alan Dimond, Steven Eisenberg, Peggy Fisher, Rick Freedman, Tomas Gamba,
Mayor Joseph Geller, Ervin Gonzalez, Jonathan Goodman, Fred Haddad, Larry Handfield, Arturo
Hernandez, Richard Hersch, Robert Hertzberg, Milton Hirsch, Elizabeth Hitt, Dennis Kainen,
Hank Klein, Joe Klock, Thomas Korge, Albert Krieger, John Lazarus, Hector Lombana, Bruce
Lyons, Wallace Magathan, David Markus, Amanda Maxwell, Jon May, Richard Milstein, Michael
Moskowitz, Jorge Mursuli, Pam Perry, Mark Raymond, Bill Richey, David Rothman, Frank
Rubino, Leonard Sands, Mark Schnapp, Joseph Serota, Richard Sharpstein, Angela Sherrill,
John K. Shubin, Lisa Sloat, H.T. Smith, Russell Smith, Ed Strongin,
Brian Tannebaum, Rod Vereen, Stanley Wakshlag, Mayor Otis Wallace, Jeffrey Watson

FOR A RECEPTION & FUNDRAISER TO BENEFIT
THE BENEDICT P. KUEHNE, LEGAL DEFENSE FUND

CHRISTABELLE’S QUARTER
3157 Commodore Plaza
Miami, Florida 33133

THURSDAY, NOVEMBER 20, 2008
6:00 P.M. – 8:00 P.M.

Suggested Contribution of $200.00 Payable to
“Benedict P. Kuehne, Legal Defense Fund”

If unable to attend, kindly send contribution to
Shubin & Bass
46 S.W. 1st Street, 3rd Floor
Miami, Florida 33130

R.S.V.P. to Nydia Marrero at
305.381.6060 or
nmarrero@shubinbass.com

Complimentary Valet Parking

Quoting Bob Dylan?

Hey, maybe Richard Strafer is a ranter too:

Quoting Bob Dylan and a legal treatise, attorneys for indicted Miami attorney Ben Kuehne and two co-defendants maintain the “unprecedented” money laundering indictment is ideologically motivated by the Justice Department.

Very interesting. Now let's get to the quote:

Miami attorney Richard Strafer, representing Saldarriaga, contends the government doesn’t have a case.

He makes the point in his filing with flair, quoting folk rock legend Dylan’s song “Like a Rolling Stone” in his motion to dismiss a wire fraud conspiracy count, writing, “When you [ain’t] got nothing, you got nothing to lose.”

Okay, Richard could have went a little deeper into the Bard's song book but the quote works, I think.

BTW John, good story and all but get your editors an updated style book. "Folk rock" legend? The dude went electric in 1966.

Richard Epstein to Howard Dean: Welcome to My Nightmare!

I took a look at the latest lawsuit filed yesterday against the DNC to seat the Florida delegation. You can read the complaint here.

The case was assigned to Judge Marra. Oops.

Although local lawyers Richard Epstein and Ben Kuehne did a nice job framing a due process and equal protection argument, I can't see Judge Marra granting them any substantive relief. But hey, it's Florida, stranger things have happened.

What say you, dear readers?