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 Judicial Immunity
I listened to President Obama's News conference and his explanation as to his modification of some of the jail sentences. The President has absolute power to pardon anyone or commute any jail sentence in the Federal specter. This immunity up until know as been used rather sparingly and with great discretion. In fact a criminal who sets off a bomb in a public building (or a court house) can expect that he will never see the light of day again.
However, we are in an era of political expediency reining supreme and do not bother me with the facts, I've made up my mind. One of the criminals who was released from jail was on of those Puerto Rican terrorists who in the 1980's literally terrorized Chicago by setting off bombs in Marshall Fields, the Federal Court house at 219 S. Dearborn Street, and other businesses around downtown Chicago. The rationale for the reduction of his sentence - he did not kill anyone. Such was pure luck. In fact, I was almost one of his victims.
Indeed, I was almost one of his victims because of my stubbornness and my absolute confidence that bad things happen to other people and not me. The situation was as follows:
As every one should know, getting a trial at the Civil level in the United States District Courts is a feat. Criminal trials have to be heard relatively quickly because of the Speedy Trial act and the Constitutional prohibition against holding an individual without granting a speedy trial. Thus, just about every Federal Judge is pressured by the criminal cases assigned to him and the civil cases take a back seat. I had a Civil cases assigned to the Honorable James Parsons. The case involved title to some land in Bari, Italy and the parties were unable to arrive at any settlement.
The first time the case came up for trial, the PR terrorists - or someone acting in their stead, phoned in a bond threat. With a bomb going off in an adjacent site in the Loop (Chicago downtown) when the bomb threat came in we took it seriously and evacuated the Courthouse. The case was continued and the parties went to the airport and flew home. This scenario was repeated two more times, and finally, we had a date for trial.
Just like the prior time, no sooner did we finish our opening statements, and get the first witness in the box a siren went off and a loud voice told us to evacuate the building. It was maddening and frustrating. I approached the bench and said to the Judge -- THIS IS A PHONY - NO ONE IS GOING TO BLOW THIS BUILDING! Someone just does not want this trial to go ahead! With this announcement, my opponent - who had much more sense the me - sheepishly attorned, saying that the siren frightened him, but, if the Court was willing to go ahead, so was he.
Judge Parsons took a long look at me, thought for moment of the outraged Marshall who was going to admonish him again for an escapade with me and === said: "Oh Hell!" let's live dangerously.
The first witness was sworn, and his examination began:
"Will you identify yourself for the Court?
"I am (BOOM!******)
the Courtroom rocked, pictures fell from the Wall***** It was so unreal that we could not help ourselves - we laughed. The Judge got off the bench and we all started for the door. We did not get far. We were greeted by a very very angry United States Marshall! His red face and his flaying arms looked ridiculous but did nothing to mitigate his pure anger and the decibel level of his screams of "what the ***** do you think an evacuation order means!!!!!
The washroom immediately adjacent to the courtroom was a wreck. The door and the walls were blown off, flames were everywhere and water was pouring out of the toilets ****** my opponent escaped with our clients into the stairwell while the Judge and I had to endure another lecture on public duty, public responsibility and if we ever again disobeyed a command from the Marshall's office we were toast.
(A few months prior I had a confrontation with the Fire Department (and the Sheriff's office). In seems that Morrie Bromberg, an Assistant Attorney General, and I had oral arguments before the Appellate court. (They had a hearing room on the 28th Floor of the Daley Center). We were engaged in our oral arguments when the FIRE ALARM went off. The Justices asked us if we wanted to finish up and both Morrie and I said yes. It was difficult to concentrate with the fire alarm blaring, but we gave it the old college try - until a couple fireman burst in, looked at us, grabbed Morrie and pulled him from the room. Another waved in a threatening manner to the three Justices and a third screamed at me to get the ***** out of there, did I not know that there was a fire just above us -- It seems that the AirConditioning unit located on the roof had caught fire. I was indignant! We had a two floor cushion - there was no possibility that the fire would reach the 28th Floor.
Physically Morrie, the Justices, and yours truly were physically pushed toward the stairwell. I realized that Morrie had had several heart attacks and he could not walk down 28 floors -- I pushed myself up to my full six feet, pushed against one of the fireman and made him understand the situation. They attorned, however, the Justices and yours truly were pushed into the stairwell. We discovered that every door to every floor on the downward trek was locked except the First Floor. Four exhausted legal beagles wandered down to the First Floor as this fire was put out! We retired to local restaurant and then each of us when home. What we did not know was that everyone knew about our escape and the Sheriff was pointing out that the fire alarm was not a suggestion. (The only damage was to the air conditioning unit = in fact the fire was confined to it. We were in no danger.)
In the Courthouse bombing serious injury might have occurred! The fact that I, the Judge, and my opponent ignored the warning - had anyone been killed the now freed Puerto Rican terrorist would have been a murderer. Citizens have an absolute right to be STUPID. Government by pardoning terrorists for political reason is encouraging violent action by ISIS et al. It demonstrates the very same type of indolence that has created a safe environment for ELDER CLEANSING and the War on the Elderly and the disabled.
Ken Ditkowsky
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