Monday, June 17, 2024

Judge Roy Altman leads by example (with unrelated updated)

In an unrelated update, the Supreme Court granted cert today in another fraud case, Kousisis v. United States: In order to get work, the defendant used as a front a company that qualified as a “disadvantaged business enterprise,” though the company performed no actual work. His claim on appeal is that his actions did not constitute mail or wire fraud because they were not intended to cause economic harm. The 3rd said it was enough for fraud* and the High Court granted cert:

 (1) Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme; (2) whether a sovereign’s statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services; and (3) whether all contract rights are “property.”

 *Note to district courts and appellate courts -- it's okay to dismiss indictments and find that prosecutors overcharge.  The Supreme Court keeps reversing these fraud cases.  You can too!

18 comments:

  1. Anonymous2:11 PM

    On the one hand, good for him for rolling up his sleeves (figuratively, since his sleeves are not rolled up), but it also looks like he's running for office there with Mayor/former presidential candidate Suarez.

    "We support Israel" - that's a political/foreign policy issue. Private citizen Altman can certainly hold that position. But where is the line between Judge Altman and Mr. Altman?

    "These anti-semites" - and if one of them catches a federal hate crimes charge and ends up before him, now that he's made a public statement on the matter, will he recuse himself?

    I'm not saying he shouldn't do what he believes is right - he should absolutely do what his conscious compels him to do. But these seem like tricky waters to navigate from the bench.

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    1. Anonymous3:39 PM

      Wait. Your argument is that if a judge says he supports Israel and that he’s against anti-semites, that’s somehow political and not allowed and “tricky waters.” And what does that statement possibly have to do with a hate crime case? Under your standard, if a judge at a confirmation hearing says “racism is abhorrent” then he cannot sit on a hate crime case??

      This candy ass attitude that everything judges say turns into political speech is truly ridiculous. But based upon these just do nothing and say nothing attitudes, America will be no more soon, just as de Tocqueville imagined.

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  2. Anonymous2:13 PM

    Judge Altman lives out integrity and morality in a way most of the world could take a lesson from. It's appalling that we have a need to clean up antisemitic graffiti in 2024, but here we are.

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  3. Aw man, they hit Holy Bagels.... That's my go-to whenever I've got to make an appearance at 73 W Flagler.

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  4. Anonymous3:24 PM

    Judge Altman shows leadership and empathy at a time when both seem to be on the decline in our nation.

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  5. Anonymous3:41 PM

    I suspect that the general view back in World War II was not that a judge should hide behind his or her robe while anti-semitism was running rampant in Germany. As the years go by. our view of what each person had to do has changed.
    So, I think Judge Altman should keep on scrubbing so that the worst in our society understands that we will not slide down that slippery slope again. And, if anyone thinks that that view is too extreme, who would ever have thought that anti-semitism was so strong. Who would have thought that our fellow citizens would require armed guards around houses of worship and religious schools?
    Scrub away, judge. Hopefully, when parents see it, they will explain to their children why a federal judge felt he had to do it. Joe Klock

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  6. the trialmaster.3:42 PM

    Gotta love the guy. Not putting up with any bullshit from the nazi's.

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  7. Anonymous4:29 PM

    I wonder if all of you would you feel the same way if he was out there so vocally supporting a different issue, like trans rights (for or against), or abortion rights (for or against), or our support for Ukraine (for or against).

    @339: You say, "if a judge at a confirmation hearing says 'racism is abhorrent' then he cannot sit on a hate crime case??" - No, that's not it at all. The judge wasn't talking about racists generally, he was talking about "THESE anti-semites." He made a comment about a specific crime, at the scene of the crime, in the jurisdiction in which he sits.

    Look, I'm not calling the guy an a$$hole. On the contrary, he seems really solid. He'd probably make a great congressman. But his statement IS political. "We support Israel." It doesn't get more political than that. And maybe you disagree - and good for you - but I think that judges should not be publicly political. It's not their role.

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    1. Anonymous8:16 PM

      Actually he was talking about racists in general. “These anti-semites” ARE racist. And yes he can get off that case if they are caught and if they are charged and if it’s federal and if it lands in front of him. And while many of them don’t for some reason, it’s a reasonable assumption that a normal Jewish judge supports Israel. You don’t get to move to recuse all Jewish judges if you’re an accused anti-Semite. So under your theory, he’s actually done the accused a favor with his comment, not the other way around.

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  8. Anonymous6:43 PM

    And your next senator from the state of Florida is….

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    1. Anonymous11:39 AM

      I also try to lead by example. But usually there aren’t cameras around for some reason.

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  9. Anonymous12:53 PM

    No one doubts the sincerity. Or the need to combat antisemitism. But news cameras with the Mayor (while you preside over a high profile case against the City of Miami) is not a good look. The constant need for adulation and publicity is also pretty obvious. I liked this blog better when it didn’t feed the ego all the time.

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  10. Anonymous9:55 AM

    How in the world is that not political? The graffiti says Free Palestine. It does not say "I hate Jews" or something like that. Believing that it is anti-semitic to say "Free Palestine" is perfectly valid, but that is a political opinion. Showing up as a public official to scrub off the graffiti for news cameras and giving an interview talking about how "we will fight back" and "am Israel chai" are also acts of a politician.

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  11. Anonymous4:47 PM

    The issue of supporting Israel is a matter of fighting anti-semitism. The issue is not justifying an expansion of territory. It is standing against the slaughter of 1200 individuals because they were Jews and for no other reason. If the graffiti was directed at someone who was attempting to oppose the killing of 1200 tranis or 1200 pro-abortionists because they were tranis or pro-abortionists, it would fall into the same category.
    This judge was not aware that the press had been called, but he should not be forced to give up his right to express his revilement of anti-semitism because he is a judge. By the way, I do not think that the Nazi judges got very far at Nuremberg arguing that to not support the slaughter of Jews was political and that they had no obligation to try and stop it..
    This manifestation of anti-semitism that appears now widespread needs to be dealt with firmly, and it is not simply dealing with the results of leftist propaganda in our colleges and universities. Nobody with a brain cares about what a bunch of college students thinks or does not think on any given topic. It is their time to march, and drink, to party, and do whatever. But, it is also the time for respected public officials to stand up and be counted against blatant anti-semitism. If somebody feels that this judge will rule in favor of the City of Miami because Suarez was out there washing off graffiti with his press entourage, file a motion. If it sets forth a case showing bias by this judge, I am sure he will recuse himself.
    This is not about politics. This is about morality.

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  12. Anonymous8:53 PM

    Tranis? Pro-abortionists? Your choice of words drips with politics not morality. And how many Palestinians should die for the murder of 1,200 Jews? Is it immoral to say that 30,000 Palestinians should not also be murdered? Is it anti-Semitic to say that Palestinians should not be slaughtered? That people should be free? You don’t keep the moral high ground by committing atrocities. Morality is valuing the sanctity of every person.

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  13. Anonymous10:17 PM

    Inappropriate behavior for a judge, imo.

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  14. Anonymous6:54 AM

    Just wondering if he would recuse himself if I was representing a Palestinian charged with any crime ? Or any federal hate crime against a Jew?

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