tag:blogger.com,1999:blog-3526212276559221756.post2824219076562628267..comments2023-09-30T07:43:20.855-07:00Comments on kanBARoo court: 83rd Installment. Fine Finally Free: What's the Real Lesson about California Judges?Stephen R. Diamondhttp://www.blogger.com/profile/07165258952900481659noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-3526212276559221756.post-48553467028880209802010-10-17T15:06:01.619-07:002010-10-17T15:06:01.619-07:00To Stephen R Diamond: I do appreciate your intelli...To Stephen R Diamond: I do appreciate your intelligent well researched responses/articles. From what I can see regarding the Farr case, you are correct. The amount of incarcerated time was left hanging. And who really knows what Yaffe was up to when he finally decided to release Fine. I mean his minute order to release Dr. Fine was bizarre and unprofessional and it appears Yom Kipper could have had a bearing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3526212276559221756.post-34395268117468687902010-09-27T00:37:08.057-07:002010-09-27T00:37:08.057-07:00Savannah,
Reviewing the previous order, I see whe...Savannah,<br /><br />Reviewing the previous order, I see where you've misled yourself. Here's the relevant language from Judge Yaffe's September 16, 2010:<br /><br />"The court has no jurisdiction to hear said motion because the judgment in both the underlying action and the contempt proceeding in case BS109420 are final.<br /><br />"The only continuing jurisdiction that this court retains in case BS109420 is the discretion to release Fine from confinement in the county jail on the ground that his continued confinement will not induce him to answer questions put to him in a joint debtors examination. Fine's demand for a release on that ground was ruled on by this court on August 23, 2010, and is calendered for further consideration six months from that date."<br /><br />I see why you didn't provide a reference for this quote; it could be embarrassing. (The order is downloadable at http://tinyurl.com/39lvfhy)<br /><br />Your interpretation of Yaffe's holding is disingenuous. What would you expect Yaffe to say: "We have a hearing scheduled in six months, where you're entitled to have your confinement reassessed. However, I will have a pleasant surprise for you tomorrow." <br /><br />This hearing is what probably reminded Yaffe that he wouldn't be around for the next one, and that understanding led to Fine's release. I'm not sure why you all are so ready to equip Yaffe with a conscience, when he has never shown any. You seem to want to say that Yaffe treated Fine so badly that even a sociopath would suffer guilty conscience. By creating this myth, by spreading a known falsehood that the Supreme Court ever limited coercive confinement to five days (the "FARR hearing" nonsense), you undermined any broad solidarity with Fine. People have to understand that it could happen to them, to have a sense of solidarity with Fine. You would rather believe Fine was subjected to torments that the state would never use on anyone else; that his case is completely extraordinary. You want to build a hero cult.Stephen R. Diamondhttps://www.blogger.com/profile/07165258952900481659noreply@blogger.comtag:blogger.com,1999:blog-3526212276559221756.post-20636676789901788102010-09-26T18:10:33.157-07:002010-09-26T18:10:33.157-07:00I don't know what in his previous order suppos...I don't know what in his previous order supposedly demonstrated a commitment to hold Fine for another six months, but even if this unsupported conclusion is true, what in the world do you imagine it refutes, as I recognize the significance of public and moral pressure? Where we disagree is you think the pressure stemmed from the judicial benefits program, whereas I say it concerned the length of his detention. At most you're "rebutting" a trivial difference of evidence about a point with no practical significance, while you omit any evidence for your ulterior claim (that Yaffe's scared because what he did was a crime, and he really might and should be sent to prison for it.)<br /><br />This is the method of the Fine supporters. I think "Right Makes Might" is intentionally ambiguous, and right also means "rightwing." You have some outrageous rightist conspiracy theories. But instead of defending them openly, given an opportunity, you argue trivia and pretend you've made your case for the outrageous contentions. <br /><br />Do you test your theories? If George were indicted, I'd seriously consider your position; I would admit I had misjudged the actual situation. Will you reconsider your position when nothing materializes concerning such indictments? There's the distinction between us, and an operational definition of what it means to try to "discuss the truth." Tell me (truthfully!) did anyone make an attempt to "discuss the truth" concerning the Farr amendment contention? I think you have some esoteric definition of "truth," to match your ambiguity about "right," because I can't comprehend even a crazed rightwinger could think the Fine sites demonstrate a desire to "discuss the truth" or that I don't try to.Stephen R. Diamondhttps://www.blogger.com/profile/07165258952900481659noreply@blogger.comtag:blogger.com,1999:blog-3526212276559221756.post-76111305125190646492010-09-26T15:44:48.776-07:002010-09-26T15:44:48.776-07:00Geez Louise! Yaffe's order from the very day ...Geez Louise! Yaffe's order from the very day before Fine's release showed his commitment to continue the jailing for another six months. Yet a mere 24 hours later, he had a major change of heart in order to clean up last-minute business, you say? I say it was public pressure, compounded by the personal visit of three orthodox Jewish Rabbis the morning of Fine's release. I could go on and rebut practically every sentence in the above article, but what's the point? There is no desire to discuss the truth here, much less stem the corruption in any way. So don't complain when the situation continues to deteriorate ... and don't be surprised when Antonovich and Ronald George are indicted (events on the near horizon, I'm told by certain Feds). Whatever.Savannah Winslowhttps://www.blogger.com/profile/01177575501616354938noreply@blogger.com