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artcollectorsnews · 4 years

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Art Crime Pays: Trump Pardons Helly Nahmad, the Art World’s Cartoon Villain

The pardons favored Trump cronies, allies, and business associates — in the manner of a bouncer fingering VIPs from behind a tatty velvet rope at Le Baron during Art Basel Miami Beach

Helly Nahmad Walk

It was April 30, 2014, and Hillel “Helly” Nahmad was doing his best courtroom grovel.

“Your honor, I am ashamed,” the then 35-year-old art dealer told U.S. District Court Judge Jesse M. Furman inside Manhattan’s Thurgood Marshall Courthouse. “My family is a private family and I have brought dishonor to it . . . No matter what your sentence today, I will never forgive myself. Others who love me may forgive, but I will not.”

The scion of the famously secretive Nahmad clan — a three-billion-dollar art-dealing empire heavily leveraged with Picassos and Renoirs and with economic interests across the U.S., Europe, and the Middle East — Nahmad was being tried as part of a wide-ranging, 34-defendant racketeering and money-laundering investigation. The case was brought by the Violent and Organized Crime Unit of the U.S. Attorney’s Office for the Southern District of New York, led at the time by Preet Bharara, who was fired by President Donald Trump early in 2017.

The charges against Nahmad — who runs a glitzy secondary-market gallery located on the first floor of the Carlyle Hotel — were weighty enough to galvanize the Feds and sufficiently boldface to inspire an Aaron Sorkin film, the Jessica Chastain vehicle Molly’s Game. According to The New York Times, Nahmad was charged with captaining a $100 million gambling ring that included professional athletes, actors Tobey Maguire and Leonardo DiCaprio, and several organized crime figures, among them Russian oligarch and Trump acquaintance Alimzhan Tokhtakhounov (the Uzbek gangster is still at large in the vast criminal underworld that is the Russian Federation). Additionally, Nahmad was accused of bilking an unnamed female client described as being in “dire financial circumstances” out of more than $100,000 in an otherwise “routine” art sale.

Facing as many as 100 years in prison, Nahmad was found guilty and sentenced, incredibly, to just a year and a day (he effectively dodged racketeering, money laundering, and conspiracy charges, and was indicted on a single gambling count). He was also ordered to pay a $30,000 fine, plus forfeit $6.4 million and his interest in Raoul Dufy’s 1937 painting Carnaval à Nice, which was employed in yet another allegedly fraudulent transaction.

Before the trial ended, Nahmad delivered himself of a remarkable allocution. Unlike the statement defendants regularly convey to judges to accept responsibility, humanize themselves, and mitigate sentences, Nahmad’s expression of remorse instead mimicked comic-strip beggary: his plea for leniency described how, after his April 2013 arrest, “Nahmad was a blubbery mess who collapsed into his sister’s arms.” Writing for the now defunct publication DNA Info, reporter James Fanelli also reported on Nahmad’s offer to chaperone underprivileged youth on visits to the Metropolitan Museum of Art in lieu of prison time: “I do not have a great education in other subjects, but I really do know a lot about art and I think I could really reach young people in a good way and hopefully introduce them to a world they might not otherwise visit.”

The court summarily dismissed such expressions of contrition as insincere. According to Judge Furman: “Mr. Nahmad’s view of the world, at least when he thinks that no one is watching . . . [is] that he can take advantage of the situation. To allow him to use his family’s money to buy his way out of this would sow contempt for the law.”

Fast forward to January 20, 2021. As part of his final febrile hours inside the White House, Donald Trump — the Biff Tannen of rich boy privilege — issued pardons to 73 convicts, including Nahmad, the Snidley Whiplash of the art world. An official White House communication described the 41-year-old art perp as having led “an exemplary life” since his conviction. (Requests for comment on the pardon sent to Nahmad’s gallery went unanswered.)

According to Kenneth P. Vogel of The New York Times, only 25 of Donald Trump’s almost 240 pardons and commutations came through the process the Justice Department normally uses to identify and vet worthy petitions of clemency. The rest favored an ad hoc process that privileged Trump cronies, allies, and business associates — in the manner of a bouncer fingering VIPs from behind a tatty velvet rope at Le Baron during Art Basel Miami Beach.

At first, second, and third glance, the Nahmad pardon suggests a tangle of plutocratic quids, pros, and quos. Nahmad owns the entire 51st floor of Manhattan’s Trump Tower, for which he paid $21 million, in 2016. His lawyer, Benjamin Brafman — who previously defended Harvey Weinstein and Martin Shkreli — also helped obtain pardons for two more noteworthy clients: conspiracy theorist and campaign-finance fraudster Dinesh D’Souza and disgraced former Illinois Governor Rod Blagojevich. Another longtime Brafman client who was recently pardoned: witness-tamperer and tax cheat Charles Kushner, father of Donald Trump’s ex–senior adviser and son-in-law. The relationship patterns are as ugly as a MAGA Christmas sweater. (If other presidents, such as Bill Clinton and Ronald Reagan, issued controversial pardons — the former pardoned fugitive banker Mark Rich, the latter Yankees owner George Steinbrenner — Trump’s forgiveness stands out for the close proximity of folks he has let off the hook, including former campaign advisers, staffers, and in-laws.)

In a Trump-free universe, pardons and commutations are overseen by federal prosecutors and the U.S. Attorney General. Typically, they are also reviewed by the judges involved in the original sentencing. Applicants are evaluated on their post-conviction conduct, the seriousness of their crimes, whether they are remorseful, and, ultimately, personal recommendations. Though no recommendations for Nahmad’s pardon are yet forthcoming, Judge Furman characterized his 2014 letters of support as coming from art-market folks who “had some reason to curry favor” with the Nahmads. One letter came from Pace Gallery honcho Marc Glimcher. He told the court that Nahmad “is very simply the most honest and trustworthy person we have the privilege to work with.”

“Gambling has always been a part of my life,” Nahmad told Judge Furman before being convicted, “I watched my father and his friends play games . . . for high stakes. It was a part of his life the way the art business was. It was almost an addiction. It crossed the line into my being part of illegal gambling. I knew we were no longer just betting and I should have stopped. I didn’t and I have only myself to blame.”

Besides throwing his own father under the bus as, ahem, ethically challenged — in 2016 the Panama Papers connected David Nahmad to ownership of a Nazi-looted painting, Amedeo Modigliani’s Seated Man With a Cane (1918) — Nahmad fils conveniently left out his own larcenous worldview. In 2014, a wiretapped phone conversation recorded Helly as saying that wealth can be created by those who “circumvent the system” and “cheat and lie.” Here’s a modest proposal for those sick of having the art trade routinely compared to the shadowy worlds of drug cartels and gun trafficking. Remember Nahmad’s words and who uttered them, reject business as usual, and trash the idea that art crime pays. ❖

#Helly Nahmad #News #Art #Artwork

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mansionsforweddingsincharleston · 3 years

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cathrynstreich · 4 years

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Coronavirus Hot Spots: Real Estate Practitioners Share Market Outlook as Cases Rise

The United States has undergone a series of changes these last few months with businesses shutting down, then reopening on a limited basis and life normalizing (on some level) amid the coronavirus pandemic. As states reopen their economies, however, COVID-19 cases are on the rise.

According to the KFF (Kaiser Family Foundation), a non-profit focused on national health issues, 34 states are currently considered “hot spots”—areas where cases have increased by more than 5 percent over the past 14 days; the positivity rate is greater than 10 percent over a 7-day rolling average; or the positivy rate has increased by more than 1 percentage point over the past 14 days.

Topping the list with the largest 7-day rolling average positivity rate are:

– Arizona: 26.8 percent – Mississippi: 22.8 percent – Florida: 19.1 percent – South Carolina: 17.2 percent – Texas: 15.6 percent – Alabama: 14.7 percent – Georgia: 13.5 percent – Nevada: 13.1 percent – Idaho: 11.9 percent – Kansas: 10.4 percent

Click here to view an interactive map of the U.S.

How is real estate impacted in these new coronavirus hot spots? Real estate practitioners share how their markets are faring:

Rei Mesa, president and CEO of Berkshire Hathaway HomeServices Florida Realty, says that not much has changed on the real estate front due to measures the brokerage applied early on.

“We have been very proactive since way back on our approach of in-person customer interactions,” says Mesa. “We put safety at the forefront, so there hasn’t been a major change since we’ve just continued doing the same things: wearing face masks, cleaning with disinfectant, using virtual components, etc.”

What has changed, however, are homebuying trends.

“There has been a significant increase in the number of cash buyers and conventional mortgages due to the competition among buyers to secure the winning bid in multiple-offer situations,” says Beth Goldsmith, owner and team leader of Sold by the Gold of North Eastern Group Realty in Indiana. “This will continue to be a difficult market for buyers who have small down payments or limited cash to cover the spread between purchase price and appraised value.”

Mesa says he’s seen a change in property needs as well.

“We are seeing a huge demand for buyers purchasing single-family homes and not so much condos. It has to do with avoiding hallways, elevators, common areas, etc.—where people tend to gather,” says Mesa. “There’s also a desire to have private pools and areas where they can entertain their family and not be at risk. This is probably a temporary desire, but we’ve gotten a great deal more demand.”

Also of importance? Location. According to Brett Furman, broker/owner of RE/MAX Classic in Pennsylvania, buyers have been gravitating away from the city to the suburbs.

For many, markets are bustling at varying degrees and price points.

Ohio has experienced a spike in cases with a 68.7 percent change over the past 14 days. However, the markets remain strong in the lower price points, according to Victoria Valle, president and lead listing agent of Victoria’s Luxury Home Team at Danberry Realtors.

“The market is picking up in the $300,000-and-under range and has slowed way down in the over-$500,000 range,” says Valle.

In California, which has had a 62.2 percent change in cases over the past 14 days and 6,749 total related deaths, according to KFF, concerns over the coronavirus haven’t weakened homebuyer interest either.

“All markets we serve, from Santa Barbara down to the Mexican border are fast-paced, with homes receiving multiple offers in many cases,” says Mary Lee Blaylock, president and CEO of Berkshire Hathaway HomeServices California Properties. “We’ve seen lots of cash offers as well, indicating the strong consumer confidence in the real estate market as a viable investment.”

Market Impact

In Georgia, consumer confidence has been impacted at some level, according to DeAnn Golden, senior VP and managing broker of Berkshire Hathaway HomeServices Georgia Properties, but that hasn’t caused real estate to stop in its tracks.

“For clients who have experienced COVID layoffs, furloughs or decreases in income, it has impacted their consumer confidence, says Golden. “However, there are many solid buyers, sellers and investors who view this as one of the most opportune times to invest in real estate due to all the other positive economic factors, such as low inventory, low interest rates, demand for rentals, etc.”

Also of concern is the widening income gap, says Furman of real estate in Pennsylvania.

“Historically, a house in the U.S. cost three or four times the median annual income. During the housing bubble of 2007, the ratio surpassed five,” says Furman. “We are watching the spread increase between income and home price, and are concerned that we are getting close to the 2007 market.”

And with rising home prices and increased bids, the inventory challenge that’s plaguing the U.S. has worsened.

“At the end of May, there were 1,698 resale residential properties on the market for all of Greater Tucson, which is 1.5 months of inventory,” says Eric Gibbs, designated broker of Realty ONE Group Integrity in Arizona. “At the end of June, the inventory decreased by another 349 homes, which brings our inventory to 1.2 months for a total of 1,349 homes on the market. Sellers are only listing their homes if they have to and are waiting until there is a downtick in COVID cases.”

In addition to an inventory shortage, lending restrictions are tightening, posing further challenges.

“With cases rising most recently, the same health and financial concerns are ever-represent, but lending restrictions have become clear since then, and interest rates have remained low, which, in our already-speedy market, has kept buyers from competing for properties as they become available,” says Sage Francetich, associate broker of Team Idaho Real Estate.

On the other end of the spectrum, in Texas, which has had a total of 133,086 related deaths and a 72.7 percent change in cases, consumer confidence remains strong. And that has a lot to do with the inventory crunch felt across the nation.

“We have not seen a decline in consumer confidence but rather an increase,” says Nimesh Patel, broker/owner of RE/MAX Fine Properties. “We are fortunate to be in areas of new construction, so more buyers are heading in this direction. As for sellers, we continue to practice safe showings methods, and they know that inventory is fairly low in our marketplace, so they too are confident in listing.”

Patel says he’s seeing multiple-offer situations about 40 percent of the time.

As many states roll back their reopening phases, real estate continues to move forward.

For example, in Florida, many beaches closed for the Fourth of July holiday weekend to minimize crowds, says Mesa. And in California, Gov. Gavin Newsome ordered Los Angeles to close bars and restaurants and to halt indoor dining to slow the virus spread.

But real estate professionals continue serving clients while keeping everyone safe, leaning on technology for help, in addition to the usual precautions for any in-person interactions.

“We are definitely focused on using tech, and buyers and sellers are saying they are comfortable. The number of in-person interactions has reduced, but we’re still transacting,” says Mesa.

Golden says that “evolving the real estate services offering into the ‘now new world of socially safe residential real estate sales,'” is one of the most important evolutions the industry has faced.

“The fast-expanding, comprehensive offering of virtual showings, tours, open houses, floor plans and staging is also meeting consumers’ needs. Leveraging the potential for change in our industry is exciting to better meet the expectations and needs of our buyers and sellers, and will only affirm the confidence they have in us as we move forward,” adds Golden.

Furman says his brokerage is recommending that sellers reach out to them earlier than typical to give them time to “position our clients for virtual showings in the event of a COVID-19 fall spike and the possibility that the governor of Pennsylvania orders REALTORS®, inspectors and photographers to cease in-person business.”

What’s the market outlook for these next few months?

Blaylock anticipates continued low interest rates, pent-up demand and low inventory with an “extremely robust and strong market” through the end of 2020.

Mesa hopes to see a more serious approach on the part of state government to curb the infection rates.

“I believe that if Florida can be serious about curbing the infections, we will continue to be a very desirable place for people who want to live here,” says Mesa.

But if the spread doesn’t slow, other market segments like construction could be impacted, he says, and that could worsen an already aggravated problem.

“On the seller side, we continue to have challenges getting inventory, and home builders are still way behind on the housing shortage,” says Mesa.

“If the inventory continues to decrease as it has over the last 10-plus months, it could pose more havoc on the market,” says Gibbs. “Our hope is to obtain more listings in the coming months to help with the supply and demand. New construction is doing their part, offering incentives to the buyers, plus building more spec homes—this will all help.”

Golden remains cautiously optimistic about the remainder of the year, forecasting pent-up demand, low interest rates and a diversified economy that is resilient.

“We will proceed with a positive mindset and an abundance of caution and safety and respect for all,” says Golden. “There are challenging times indeed, but we have choices for how we choose to respond in times of setbacks. I am inspired by our REALTOR® community who is employing safe guidelines to evolve in these changing times and still making homeownership happen safely.

Francetich agrees, stating the virus likely isn’t going away anytime soon, so it’s best to move forward and educate clients.

“It’s essential that buyers and sellers speak with an agent that understands their needs, accommodates them and implements good practices to keep our communities safe,” he says.

Liz Dominguez is RISMedia’s senior online editor. Email her your real estate news ideas to [email protected]

The post Coronavirus Hot Spots: Real Estate Practitioners Share Market Outlook as Cases Rise appeared first on RISMedia.

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jobsearchtips02 · 4 years

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Trump White Home economic experts COVID-19 projection clear partisan predisposition

Financial experts disagree about policy all the time, but almost constantly in excellent faith.

White Home economic experts have actually typically sought guidance of both Democratic and Republican associates.

That’s why the absurd coronavirus model created by Trump’s White House economists is so egregious and plainly partisan.

Economic experts like to think about themselves as researchers in search of a single reality. However, disagreement and dispute are more the rule than the exception.

Some were encouraged that Fed policy of quantitative relieving after the monetary crisis would result in high inflation; it did not. Some were persuaded that the Trump tax cuts in 2017 would spend for themselves since financial growth would create brand-new revenue; it did not, our deficits were rising prior to we were struck with COVID-19

Considering That the New Offer brought financial experts to Washington, they have actually ended up being a pervasive presence in policy discussions and the divide between policy guidance in Republican and Democratic administrations is often large.

Nevertheless, beyond the policy divide lies a common structure for examining the world that until now has covered the partisan divide. Economics may not be a science however it shares a respect for analytical frameworks, disciplined thinking, and examinations of the facts. Doing economics is not Democratic or Republican which is specifically why the profession had much to contribute to policy discourse in the past.

But in the middle of the coronavirus pandemic, it appears as if the nonpartisan nature of financial analysis has actually been deserted.

Assessing his Washington experiences for a recent book, When the President Calls, Stanford professor Michael Boskin, the Chair of the Council of Economic Advisers (CEA) for President George HW Bush stated that when he took the task he ensured to open his phone line to financial experts and former CEA chairs from either side of the aisle. ” I made a point of calling not simply Republicans however also Democrats like Charlie Schultze, which was really useful,” Boskin remembered.

The Council serves the president however over 74 years it has developed an institutional culture and track record that prioritized economics over politics. Economic experts at the CEA used clear-eyed guidance, they didn’t fit or smooth their models to achieve a preferred policy goal.

For the same book, Kevin Hassett, a senior consultant to Trump and the chair of the CEA until last year, stated: “… our task is to not be political however to provide unbiased analysis.” That sentiment seemed to vanish last week when the CEA posted a chart on Twitter which revealed the number of COVID-19 deaths in the US, decreasing now but still well over 1,000 per day, and design projections of future deaths.

Most of the models revealed considerable deaths extending into the summertime. However one projection, inexplicably, showed a smoothed curve– employed the technical lingo a cubic fit– with deaths disappearing by mid-May. That last curve did not belong on the chart. It was the incorrect method to comprehending the information and has no basis in the underlying epidemiological issues.

Many observers believed that the curve existed due to the fact that it was placed by Hassett to give the impression that COVID-19 is on its way out.

Jason Furman, a CEA chair in the Obama administration, responded highly on Twitter.” The stakes on the epidemiological questions are so high that this utterly shallow and deceptive ‘modeling’ has no place whatsoever in any discussion of the federal government’s reaction,” Furman stated.

A firestorm of recrimination became Tomas Philipson, the current acting CEA chair, implicated Furman of being the only chair without peer-reviewed scientific work, an agonizing, if real, schoolyard taunt for scholastic economists.

All worried would have been well encouraged in these challenging times to take Hassett’s own advice in his When the President Calls interview to not be “… so confident that your model is so ideal that you overlook criticism and neglect information … To put it simply, as well as preparing for being right, you need to also be getting ready for being wrong– because you do not have a monopoly on the design of how the world works.”

The CEA was established to bring rigorous policy analysis right into the White Home. The CEA serves the president when it asks concerns and recommends, not when it is instructed to support a predetermined conclusion.

The COVID-19 crisis is no time for among our valued organizations to be losing its dedication to analysis and information. There has actually never been a time when the country needs professionalism more than now.

The administration and the nation are not well served by recrimination as a replacement for understanding truths. The expertise developed over lots of years in the CEA and firms like the Centers for Disease Control and Avoidance, the Fda and others will direct us through this crisis.

Simon W. Bowmaker is Clinical Teacher of Economics at the Stern School of Organisation, New York University and author of When the President Calls: Conversations with Economic Policymakers.

Paul Wachtel is Teacher of Economics at the Stern School of Service, New York University.

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from Job Search Tips https://jobsearchtips.net/trump-white-home-economic-experts-covid-19-projection-clear-partisan-predisposition/

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douglasacogan · 4 years

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Are federal judges approaching prison sentencing differently now that they see BOP ugliness up close?

The question in the title of this post is prompted by this notable new Forbes piece by Walter Pavlo headlined "After Seeing Federal Bureau Of Prisons Up Close, Federal Judges May See Sentencing Differently In Future." I recommend the piece in full, though I fear it may be a bit too optimistic about the way the COVID era might impact the work of federal judges. Here are excerpts:

In late March, U.S. District Judge Jesse Furman struggled to look for a way to free Nkanga Nkanga, a sixty-seven-year old former doctor with no prior criminal record who had admitted to unlawfully prescribing oxycodone and other controlled substances for non-medical purposes. Nkanga was held at MDC Brooklyn New York, a notoriously poorly run, dated and filthy prison operated by the Federal Bureau of Prisons (BOP).

Judge Furman, who had remanded Nkanga into custody in October 2019 after entering a guilty plea, was frustrated by what he could and could not do to free the inmate who was suffering from asthma and lingering conditions from a stroke years earlier. Furman sentenced Nkanga to three years and was awaiting designation to Federal Medical Center Devens. Assistant US Attorneys Jacob R. Fiddelman and Cecilia E. Vogel vehemently opposed the ailing doctor’s requests for release, frustrating Furman to call on legislatures and executive branch actions to untie his hands....

While judges may have a limited say in the release of an inmate, they have a big say in how long they are incarcerated....

In Ohio, a federal judge ruled that the BOP’s operation of FCI Elkton amounted to an 8th Amendment violation (Cruel and Unusual Punishment). Lawyers for the BOP responded on April 28, 2020 that the measures the BOP took to curb the virus’s spread had been effective, stating in its emergency motion that, “These efforts have been working as the number of new cases has been reduced.” I’m not sure where the attorneys got their stats but according to the BOP’s own website that tracks (under-reports) COVID-19 spread, showed a marked increase in cases....

Federal judges across the country have been hearing horrid stories about the BOP’s conditions and the agencies reaction, lack of action, to COVID-19. American Civil Liberties Union (ACLU) chapters have become involved, attempting to bring to light a federal agency’s inept and cruel response to the contagion of a virus that has infected over 2,000 inmates and killed 37. The BOP is inflicting even more, unmeasured, mental distress on both families and inmates.

The BOP’s failure to accurately report positive COVID-19 has endangered both its own staff members and inmates alike. The promises to send people to home confinement and then taking it away, then possibly reinstating it, is cruel. Locking minimum security inmates in high security prison cells for weeks and calling it a “quarantine” is something that needs to be investigated. Directives that have now caused the cutting of communication with family (in-person visits, reduced telephone time and little access to email) is beyond comprehension at a time when people need some social interaction to keep their sanity. Many of these inmates have close family ties and what little correspondence they have had with family has relayed fear, sadness and oppression....

I have given up on prosecutors being a part of any criminal justice reform. They create narratives, many of them farfetched, to justify long prison terms for crimes that may not have even occurred. While I’m not saying that “nobody did the crime” what I am saying is that once a prosecutor gets a guilty plea, they exaggerate the crime, usually through inflation of the dollars associated with the crime and enhancements, to get longer sentences. Judges, who make the ultimate determination of the amount of time a person spends in prison, could be the saving grace to reducing prison populations. It only took a global pandemic to get them engaged.

Defendants would rather be in front of a judge on July 2020 than one on July 2019. Judges are going to re-think their sentences. Their courtrooms are currently jammed with motions for compassionate release, civil rights violations by BOP, and pre-trial pre-sentencing release motions. Center stage at these hearings are BOP conditions, its policies, its care of inmates and how it treats those employed at these institutions. In short, federal judges are seeing firsthand how the BOP executes the sentences they impose ... and it is ugly.

Federal judges may hold the key to real criminal justice reform because COVID-19 will make them think about the consequences that their sentences have on the lives of defendants and their families. They will not be able to un-remember these tragic stories ... and that might be a good thing.

As always, I would be eager to hear (in comments or via email) from persons actively involved in federal sentencing work in this COVID era about whether they think judges are already starting to "re-think their sentences" and whether they are hopeful that federal judges are forever more going to think more "about the consequences that their sentences have on the lives of defendants and their families." Though I sincerely hope that this current era proves to be "game-changing" for all judges (state and federal, trial and appellate), I am not all that optimistic for a number of reasons (which somewhat echo some points well-made in the great commentary I flagged here this past weekend).

First, as this notable recent Cato report detailed, a remarkably large number of current federal judges are former prosecutors. As Palvo highlights, a lot of prosecutors get in the habit of assuming defendants are far worse than their convictions reflect and of believing long prison terms effectively achieve serve deterrence and incapacitation goals. Once acclimated as prosecutors to viewing defendants as generally worse than they seem and tough punishment as critical for public safety, it is easy to take comfort in the notion that all defendants have "earned" whatever terrible prison fate might await them.

Second, judges always have an ultimate "trump card" to get folks out of dangerous prisons by being able to declare prison conditions unconstitutional in violation of the Eighth Amendment. This commentary mentions the significant ruling by Judge James Gwin (discussed here), but does not note its outlier status. There have been lots of other rulings nationwide, from federal and state judges, refusing to find constitutional violations and refused to push prison authorities to release inmates from environments where COVID is spread wildly. (To reinforce my first point, I am pretty sure Judge Gwin never served as a prosecutor, but the federal judge in Louisiana (Judge Terry Doughty) who dismissed a similar suit around the same time served as a state prosecutor for over two decades.)

Third, the federal judicial agency that is supposed to help federal judges do their sentencing jobs better, namely the US Sentencing Commission, has so far failed to say "boo" about the COVID disruption and the ways federal judges are responding (and might be able to better respond). Of course, this agency has been crippled now for the better part of two years by the failure of Prez Trump and the GOP-led Senate to come together on a slate of new Commissioners so that the agency could be operating at full force. Still, the USSC staff has managed publish at least three major research documents in the last two months along with a number of smaller publications. Federal judges might be more emboldened and feel more supported in taking new approaches to sentencing in the COVID era if the USSC was doing more than just whistling its standard sentencing tunes while federal prisons continue to burn.

That all said, my review of dozens of judicial grants of sentence reductions using § 3582(c)(1)(A) (examples here and here and here and here and here and here) reveals that there are indisputably some — perhaps a good many — sitting federal sentencing judges who "get it" and recognize that the usual horrors and harms of prison are now even more horrible and harmful. But I still fear that those judges now most concerned with COVID in federal prisons and BOP's inadequate response are just those same judges who have always been most attentive to "the lives of defendants and their families." I sincerely hope the large number of former-prosecutors-turned-federal judges are starting to look at sentencing issues differently, but my hopefulness ability has been dampened by waiting for former-prosecutor-turned-Justice Samuel Alito to start looking at sentencing issues differently.

On the topic of hope, I would love to hear from readers (in comments or via email) that I am too pessimistic, that lots of judges are likely to look at lots of sentencing issues differently now. Gosh knows we could all benefit from some small silver linings these days.

from RSSMix.com Mix ID 8247011 https://sentencing.typepad.com/sentencing_law_and_policy/2020/05/are-federal-judges-approaching-prison-sentencing-differently-now-that-they-see-bop-ugliness-up-close.html via http://www.rssmix.com/

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legalseat · 7 years

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Expert Witnesses in High-Profile Litigation: Three Defining Trials

Expert witness testimony can oftentimes make or break a case. In particularly publicized trials, with high stakes both in and out of the courtroom, an expert witness can sway the jury while also garnering favorable (or unfavorable) public opinions. From product liability to criminal law, expert witnesses have left their mark in some of the country’s most famous (and infamous) trials. Below are just some of the ways experts have affected the outcomes in cases throughout different practice areas.

Criminal Law: The O.J. Simpson Trial

The trial of O.J. Simpson for the murder of his wife, Nicole Brown, and Ronald Goldman is arguably one of the most infamous criminal trials of the 20th century. Ample DNA evidence at the inception of the case and the notorious white Bronco car chase amplifying media attention pointed to Simpson’s guilt. As the trial progressed however, defense experts and the superb cross examination skills of Simpson’s counsel managed to turn the tide, resulting in one of the most famed acquittals in recent history.

One of the prosecution’s intended star witnesses was Dennis Fung, a forensic scientist from the Los Angeles Police Department who was responsible for collecting the blood and DNA evidence from the scene of the crime. The defense’s case theory ‒ which was quite unorthodox for the time ‒ argued that Simpson was being framed by the Los Angeles Police Department. With this theory as a backdrop, Barry Scheck, one of Simpson’s defense attorneys, questioned Fung extensively on his preservation methods during cross examination. While being cross examined, Fung admitted that he stored blood samples on the floor of a warm evidence truck for seven hours, had left a vial of Simpson’s blood unrefrigerated overnight, and failed to collect blood stains from the gate of the crime scene until three weeks after the murders. After nine grueling days on the witness stand, Fung famously shook hands with Simpson and his defense counsel.

The defense team called their own expert, famed forensic scientist, Henry Chang-Yu Lee, who pointed out a number of issues surrounding the collection and preservation of the prosecution’s key pieces of evidence. For example, Lee testified that a pair of socks found at Simpson’s home came in contact with blood while they were lying flat, opposed to while they were being worn, suggesting that the police may have tampered with the evidence. Lee also testified that a paper holder which contained evidence had exhibited an inexplicable smudge, further bolstering the defense’s case theory that blood evidence was tampered with in the laboratory. Lee’s testimony was considered damaging to the prosecution’s case and proved critical in solidifying the theory that more than one attacker was involved in the murders. Lee also became a star in his own right, with the media recognizing that the jurors enjoyed his “chipper self” and jovial quips. Even though it has been over twenty years since the acquittal that rocked the world, Lee’s testimony still lives in infamy and he is often interviewed about the trial. Lee credits the Simpson trial as being one of the first cases to call into question evidence preservation. As he stated: “There were so many issues with the major crime scene in that case…This case set the landmarks for crime scene and laboratory handling of evidence.”

Big Tobacco: Decades of Lawsuits and Experts

Few industries have seen such deterioration in public opinion as the tobacco industry. But unlike other products liability claims, it wasn’t just one case that led to the tobacco industry’s downfall. Rather, the sharp decrease in cigarette smoking throughout the United States was many years and many experts in the making. As early as the 1950s, medical experts began positing that smoking cigarettes leads to lung cancer and other serious health conditions. Some tobacco companies were sued but most won in court, claiming that there was no proof that smoking was the sole cause of cancer and that consumers assumed any risks associated with cigarettes. Fast forward thirty years to the 1980s: despite mounting evidence to the contrary, the tobacco industry still refused to admit proof of its product’s hazards, holding that it took time to establish a scientific consensus.

By the 1990s, however, plaintiffs began seeing some success in lawsuits against tobacco manufacturers after leaked documents indicated that the companies were aware of the addictive nature of these products and failed to disclose this health information to consumers. In 1998, attorneys general from 46 states, armed with ample medical opinions, alleged that tobacco companies created a product that adversely affected consumers’ health and created significant costs for the public healthcare systems. As a result, a massive settlement was reached with the four largest United States tobacco companies, requiring them to cease the use of deceptive marketing practices and pay more than $206 billion over the course of the next 25 years.

In 1999, the United States Department of Justice followed suit and sued several major tobacco companies for fraudulent and unlawful conduct. Brought under the Racketeer Influenced and Corrupt Organization Act, the DOJ alleged that the tobacco companies engaged in a decades-long conspiracy and deceptive marketing practices to mislead the public about the risks of smoking, secondhand smoke, and nicotine addictiveness. After six years of litigation and nine months of trial, Judge Gladys Kessler of the United States District Court of the District of Columbia found the companies liable. The verdict, which consisted of nearly 1,700 opinions, cited an abundance of medical testimony, most notably, a landmark 2006 Surgeon General’s Report detailing the hazard of secondhand smoke. In comparison, defense experts for the tobacco companies focused on a historical narrative, with historians testifying that throughout the decades, the hazards of smoking was “common knowledge,” and thus, was not concealed from consumers.

Around this time, individual lawsuits against tobacco companies began picking up steam as well. A major win occurred in February 2000, when a California jury ordered that tobacco giant Philip Morris pay $51.5 million to a plaintiff who had developed terminal lung cancer. More recently, in 2015, a $100 million settlement was reached in 400 Florida lawsuits against three tobacco manufacturers. As the scientific evidence and expert research continues to advance, it is likely that these lawsuits will become more and more difficult for the manufacturers to win.

General Motors Ignition Switch Case: A Recent Expert Ruling

In late 2017, General Motors Co. won a key court ruling in two bellwether cases before Judge Jesse Furman of the United States District Court for the Southern District of New York. Numerous lawsuits were filed against the automobile manufacturer after its defective ignition switches were linked to 124 deaths, 275 injuries, and a recall. Judge Furman oversees a multidistrict litigation of over 200 cases, two of which were dismissed due to a lack of expert testimony. According to court filings, the plaintiffs alleged that the GM ignition switches on their vehicles rotated from “run” at the moment of the crash impact to “accessory” or “off,” which caused or worsened the accidents. As per the expert testimony submitted to the court, the switches then may have turned back to “run” before the airbags deployed. However, Judge Furman ruled that the expert testimony concerning double switch rotation was unreliable and dismissed the two cases.

Judge Furman writes in his 25-page opinion that: “Significantly, neither plaintiffs nor their experts cite any evidence suggesting that double ignition switch rotation has occurred in the real world…Nor did (or could) they conduct any experiments that would tend to show that double switch rotation is anything more than a theoretical possibility.” Judge Furman recognized that his decision “may have a significant impact” on the swatch of pending cases, but noted that the court’s role is “to ensure the reliability and relevancy of expert testimony and to make certain that an expert…employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field.”

While GM has already paid more than $2.6 billion in penalties and settlements in connection to their ignition switches, in light of expert testimony issues the dismissal of these two cases certainly raises the stakes for both sides when it comes to future case strategy and expert witnesses. As evinced in Judge Furman’s holding, the GM litigation will likely be a case swayed by the strength or weakness of experts.

The post Expert Witnesses in High-Profile Litigation: Three Defining Trials appeared first on The Expert Institute.

Expert Witnesses in High-Profile Litigation: Three Defining Trials published first on https://divorcelawyermumbai.tumblr.com/

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legalroll · 7 years

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Expert Witnesses in High-Profile Litigation: Three Defining Trials

Criminal Law: The O.J. Simpson Trial

Big Tobacco: Decades of Lawsuits and Experts

General Motors Ignition Switch Case: A Recent Expert Ruling

The post Expert Witnesses in High-Profile Litigation: Three Defining Trials appeared first on The Expert Institute.

Expert Witnesses in High-Profile Litigation: Three Defining Trials published first on https://medium.com/@SanAntonioAttorney

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racingtoaredlight · 7 years

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The degenerate’s guide to 2017 college football TV watch ‘em ups: week 3

I’ve heard all of the complaints about this week’s games but you can all go to hell. One great game is all it takes to have a great week.

But there will be others! Just have faith, some of these off brand games are gonna be a hell of a lot of fun. Trust yourself to the degeneracy. Going outside and/or talking to people is a lost cause that will bring you nothing but pain and confusion. The scorch is alive with the sounds of gambling!

We don’t have enough site visitors for you to not know the deal already. All times are listed in EST because that’s how they come from FBSchedules. Following my gambling advice is likely to make your life exponentially worse. Drink more. If you’re reading this you need a drink. And some drugs.

If you ask what time or what channel a game is on in the comments you deserve to be banned. Absolutely brilliant header image pilfered here.

If you need something besides football to fill your time, go back and watch this classic episode of Geraldo featuring the guy Macauley Culkin played in Party Monster as well as a young RuPaul.

youtube

Saturday, Sept. 16, 2017

Matchup Time (ET) TV

Air Force at (7) Michigan Noon BTN

I’ve been joking all week that Air Force is gonna spring the upset here. I don’t believe that at all but I would totally take them to cover +27 if you can still get that anywhere. +23 is getting a little dicey, though.

Delaware State at West Virginia Noon ROOT SPORTS

I’m not opposed to horrific beatdowns as entertainment. If WFV is up by 40 in the first half I might switch to this.

Iowa State at Akron Noon CBSSN

Pretty sure I’ve met my quota of Iowa State football this year and my MAC quota is however much Miami plays a MAC team.

Kansas at Ohio Noon ESPNU

Ohio is a bottom 10 team in the country but are they “lose to Kansas” bad? Only one way to find out: by reading the box score after the game is over.

NIU at Nebraska Noon FS1

Fuuuuuuuuuuuuuuuuuuuck. Bear with me here, we haven’t gotten through the noon games yet.

(9) Oklahoma State at Pittsburgh Noon ESPN

Here, here, look! A top 10 team can lose a big upset to an unranked team that isn’t even any good. That isn’t something that interests you? No? Really? OK, well we aren’t friends in real life.

(25) UCLA at Memphis Noon ABC

Memphis might be better as a team than UCLA. Not more talented, mind you, because UCLA is actually very talented. But better as a team because they aren’t coached by Jim Mora Jr. He’s the worst. Memphis is thoroughly OK and it’s not inconceivable to me that Riley Ferguson ends up as a better pro than Josh Rosen.

UConn at Virginia Noon ESPN2

This is a fucking abomination. Pray for the poor pro scouts stuck watching this bullshit because of the 7 or so NFL prospects involved.

UL Lafayette at Texas A&M Noon SECN

I don’t hate Kevin Sumlin but this job might kill him. I want him back in the AAC tier of coaching jobs. He coached some fun teams at Houston, I hope he’s saved up enough that a move back to that level won’t cause him any real pain.

Furman at NC State 12:20 pm ACCN

Holy fuck. Don’t watch this.

Baylor at Duke 12:30 pm RSN

I don’t know how to choose sides between the athletics department that is basically the embodiment of the evil that men can do in the name of protecting the runaway cash cow that “amateur athletics” can become on one side and Baylor on the other.

Coastal Carolina at UAB 1:00 pm Raycom (local)

I think Raycom is the name of one of the lead characters in the Left Behind books. And now he’s out here broadcasting nearly football games for his friends and family.

Northern Colorado at Colorado 2:00 pm Pac-12N

I’ve come to realize that the Pac-12 added Colorado just for schedule coverage on Saturdays. It worked out really well last year when they had four NFL defensive backs but I’m not recommending that you watch Rocky Mountain Iowa for fun.

Tennessee Tech at Ball State 3:00 pm ESPN3

It’s awesome that some games don’t get to play on TV at all and this one is on some version of ESPN.

Utah State at Wake Forest 3:00 pm ACCNExtra

Hell, there’s only got to be one half decent game on at a time. This isn’t one of those but I mean to say stick with it and don’t leave me alone here watching all day college football by myself and talking to my walls.

Central Michigan at Syracuse 3:30 pm ACCNExtra

When Syracuse fucked up the Big East they should have joined the MAC. Dino Babers is a perfect MAC coach.

FIU at Indiana —Canceled

No word yet if this game was cancelled due to infrastructure issues or a general lack of interest.

Morgan State at Rutgers 3:30 pm BTN

This is very grim. Is Rutgers able to lose to Morgan State? I don’t know. Probably.

Middle Tennessee at Minnesota 3:30 pm BTN

Here we go, Richie James versus the Row the Boat guy. This could have some fun highlights. Has PJ Fleck actually gotten anything going at Minnesota or is still way too early? I’m honestly asking.

North Carolina at Old Dominion 3:30 pm Stadium

Reminder: Stadium is an app. You have to download it to watch. It’s free which is still way too much to pay to watch this game.

North Texas at Iowa 3:30 pm ESPN2

I might honestly hate football by the time the Lamar Jackson game starts.

Notre Dame at Boston College 3:30 pm ESPN

Notre Dame will be playing for revenge after Boston College tricked them into hiring Brian Kelly. I’ll keep an eye on the score but the expected entertainment value in watching this game is negative.

SMU at (20) TCU 3:30 pm ESPNU

I’m not going to go so far as to say I’m intrigued by this game but I’m maybe pre-intrigued. Like Courtland Sutton is huge and could go off at any time but there’s a realistic chance that TCU wins by 60, also.

(23) Tennessee at (24) Florida 3:30 pm CBS

It’s been 20 years since that stretch where this rivalry was contending for best game each year. Now, UF has an offensive guru head coach who is leading them to a third straight season of worse than top 100 offense and Tennessee has a head coach who’s actually even more inexplicably still employed. Feel the excitement!

(16) Virginia Tech at East Carolina 3:30 pm CBSSN

Justin Fuente was a really great hire by Virginia Tech. It seems to have re-energized Bud Foster, the offense looks good. I absolutely fucking hate it.

(10) Wisconsin at BYU 3:30 pm ABC

BYU used to have all kinds of big name opponents every year, back in the days before Don Juan Alvarez turned Wisconsin into a really good program. I like the idea of this matchup, in large part because it’s being played in Utah. BYU isn’t great right now but this is a tough spot to win on the road. If Wisconsin does blow the doors off BYU, I hope it’s behind a bunch of carries from Jonathan Taylor. I’m mulling over having him on the RTARLsman list next week.

Mercer at (15) Auburn 4:00 pm SECN Alt.

This is a very SEC kind of game. Good job scheduling this as the follow up to being mauled by Clemson. I’m not even being snarky, this is perfect. Not even the least bit watchable but should be great for the team.

Purdue at Missouri 4:00 pm SECN

Missouri is favored by 7 and I kind of feel like that’s a mistake. Jeff Brohm is a low key contender for best coaching hire of 2017.

Army at (8) Ohio State 4:30 pm FOX

The last time I felt this unsure about Ohio State Spencer started railing about Tom Herman being the best OC in the country, the Buckeyes went on a 13-game winning streak and won a national title. Now Spencer hates sports, Tom Herman is a shitty head coach in Texas and if Ohio State’s offense continues the way it’s gone so far this year then Urban Meyer will be forced by god to spend some time with his family. Go Army.

Oregon State at (21) Washington State 5:30 pm Pac-12N

This is probably not going to make any sense to anybody that didn’t watch the game but Washington State actually looked kind of shitty even while they were coming back from a 21-point deficit last week. Luke Falk got hurt but I didn’t follow up to see the severity of it. I mean all this to say this is a game only a gambler can love.

Colgate at Buffalo 6:00 pm ESPN3

Can the bison avoid having their teeth cleaned?

North Carolina A&T at Charlotte 6:00 pm WCCB/CUSA.TV

I’ll say this for UNC, Larry Fedora does put together an interesting game plan. I’m not really sold on any of their talent this year but I’m still not sold on Mitch Trubisky, either, and that turned out pretty well for them.

Tulane at (2) Oklahoma 6:00 pm FSOK PPV

Somebody who fucks mud, please explain why this is only on PPV? Is that a mistake on the schedule or Oklahoma really trying to become the flyover version of Hawaii? For what it’s worth my impression of Oklahoma bashing Ohio State last week is that every single reaction to that game was outsized. Oklahoma is not the 2nd best team in the country.

Bethune-Cookman at Florida Atlantic 6:30 pm beIN SPORTS

Go Wildcats.

Kent State at Marshall 6:30 pm CUSA.TV

The bad part is almost over.

Alabama A&M at South Alabama 7:00 pm ESPN3

USA has been a disappointment so far but there isn’t even a line for this game so what the hell does information even do for you here?

Appalachian State at Texas State 7:00 pm ESPN3

When you look at every game all lined up one by one like this it seems like the bad stretches on for miles in every direction but the truth is you don’t even have to think about these games at 7pm because there’s other better stuff on.

Colorado State at (1) Alabama 7:00 pm ESPN2

Colorado State isn’t a complete patsy but they’re enough of a patsy that a 28.5 point line is enticing. The under seems close to safe if you get it at 54.

Idaho at Western Michigan 7:00 pm ESPN3

Idaho’s farewell to 1-A tour continues its journey through the worst places in college football. There’s not much good that can come of this one.

Idaho State at Nevada 7:00 pm ATTSNRM

Nobody gives a shit about this game but as a mascot fight it’s a classic. A Bengal tiger versus a pack of wolves? You assume the wolves would outflank the tiger but a really huge tiger is capable of making a lot of death happen.

Louisiana Tech at WKU 7:00 pm Stadium

This was a pretty cool talent showcase the last few years (even though WKU was actually boring to watch under Jeff Brohm) but I don’t know about it this year.

(12) LSU at Mississippi State 7:00 pm ESPN

Arden Key vs. Nick Fitzgerald is interesting on both sides. Key’s build and jersey call to mind nightmares of Barkevious Mingo but you’ve got to keep trying for it with athletic talent. Fitzgerald is pretty athletic in his own right. On the other side this should be a pretty good chance for Derrius Guice to get his stats to start looking impressive.

Oregon at Wyoming 7:00 pm CBSSN

I’ve got a sadistic interest in this game. Oregon may not be good on defense but they are really fast and that should be enough to make Josh Allen look ridiculous again.

Southern at UTSA 7:00 pm KCWX-TV/CUSA.TV

It took a little longer than I’d hoped but it looks like UTSA has reached the pinnacle of mediocrity that Larry Coker dreamed of when he started the program.

Southern Miss at ULM 7:00 pm ESPN3

I won’t see a second of it but this is the kind of unloved game that keeps me invested in football. I don’t know if there’s any single player in this one that I want to see but it’s so indie.

Tulsa at Toledo 7:00 pm ESPN3

I can’t explain what it is that make me love Southern Miss-ULM and hate this one but I hate this one.

UAPB at Ar(18) Kansas State 7:00 pm ESPN3

Haha - I’m leaving this typo because it’s amazing. FBSchedules inserted the 18 into Arkansas State’s name and made this much weirder and worse than it actually is.

Bowling Green at Northwestern 7:30 pm BTN

Thank god there’s no reason to be stuck watching this.

Georgia State at (5) Penn State 7:30 pm BTN

James Franklin is horrible and wants everything to be terrible and that’s why he doesn’t let Saquon Barkley touch the ball more than 10 times per game.

Georgia Tech at UCF —Canceled

I’m going to look around one day and I won’t even be an oddity for loving the triple option the way I do and then it will lose its magic.

(18) Kansas State at Vanderbilt 7:30 pm ESPNU

This is somehow boring and exciting at the same time. I think Vanderbilt is actually the better team but maybe I’m overselling them in my mind now to make up for how little I thought of them before the year?

Kentucky at South Carolina 7:30 pm SECN

I’m not getting sucked into this garbage pile.

Samford at (13) Georgia 7:30 pm SECN Alt.

This is a practice game. You don’t need to watch this even if you love UGA.

Arizona State at Texas Tech 8:00 pm FSN

I guess Arizona State fans are going berserk on social media calling the players names, asking for the coaches to be fired. They’re taking that into a Big XII game which could be just what the doctor ordered! If the doctor wants Arizona State to keep getting shitty @s from their fans. That’s a very cruel doctor but not the worst that I’ve ever heard of.

Cincinnati at Miami, OH 8:00 pm FOX 19/ESPN3

This game is so bad that it’s actually a question whether it’s better or worse than an NFL game between Cincinnati and Miami.

(3) Clemson at (14) Louisville 8:00 pm ABC

Woo! This is all that matters. If Lamar Jackson is as good in real life as he is in my mind this will be the game of the year. Somewhere in the early stages of the second quarter, the Canelo-GGG undercard will start. Hopefully that main event starts just as this main event ends. I don’t want any overlap.

(17) Miami, FL at (11) Florida State —PPD to 10/07

In purely football terms this seems like a best case scenario for both teams to postpone the game. Miami looked rough around the edges in their first game and FSU lost their starting QB in their first game.

Rice at Houston 8:00 pm ESPN3

Everything starting at 8pm is counter-programming but this is Ed Oliver’s show. Which is worth checking in for even against Rice.

Troy at New Mexico State 8:00 pm ESPN3

This is a conference game. That’s all I have to say about this one.

Texas at (4) USC 8:30 pm FOX

Hilariously, on a player for player basis, Texas is about even with USC. In theory! Realistically none of those players play well with each other and there doesn’t even seem to be an actual gameplan just yet. So the question is whether or not USC can cover a pretty huge spread. I feel like no? For some reason.

Fresno State at (6) Washington 9:30 pm Pac-12N

I’m really looking forward to people nationwide discovering that UDub is still undefeated when they play USC.

San Jose State at Utah 10:00 pm ESPN2

Late night football is supposed to be weird and this is where things start to devolve into pure late night degeneracy.

University of Mississippi, Oxford at California 10:30 pm ESPN

Duhhhhhhhh, thesche schnowfthlakes in Berkeley can’t handle conthervatiff idealsch. I want to just enjoy the oddball cross-country Power 5 matchup but now I’m just stuck here thinking of the shitty Berkeley Bears as football antifa and I have to root for them. That’s a me problem, to be sure, but I can really only ever root against Mississippi anyway. Still, fuck Ben Shapiro, fuck small government, fuck the concept of “entitlements” and fuck white supremacy bullshit dressed up in the language of intellectual curiosity or purity. Woohoo, go footballs.

(19) Stanford at San Diego State 10:30 pm CBSSN

Rashaad Penny is bulked up more than Ronald Jones II, who ran over Stanford last week, but SDSU doesn’t have anything close to the OL talent that USC does. This is going could still be on at midnight on the West Coast, hopefully it will stay competitive that long. Or SDSU can rip Stanford, I’d be good with that, too.

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#degenerate football #tv watch em ups #football #college football #geraldo rivera #michael alig #party monster #rupaul #lamar jackson #clemson #saturday post

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randomconnections · 7 years

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Good Friday Rambles – Warm Springs

I was visiting my brother, Houston, and his wife, Lynda. We were on a ramble across mid-Georgia, hoping to visit Warm Springs and tour the “Little White House.” We’d had several distractions along the way, and whether or not we would actually make it to Warm Springs was in question. Spoiler alert – we did make it. But not without a few more distractions, both coming and going.

We had spent some time in Madison and Monticello, but the day was getting away. We figured that without too many stops we could still arrive in Warm Springs with time to tour the site before closing. Yet, we were still following our route that avoided interstates.

Just outside the town of Griffin we had another distraction. As we entered town we passed through a very large cemetery on both sides of the road. To the right was a war memorial which featured the Spirit of the American Doughboy by E. M. Viquesney. We had seen one in Madison, and it was surprising to see this one relatively close.

I guess it stands to reason. When Viquesney started working on the sculpture he was living in Americus, Georgia. The first installation was at Furman University, but the original doughboy statue is in Nashville, Georgia.

I noticed that this memorial had been updated to include the “Global War on Terror.”

Next to the memorial was the Stonewall Confederate Cemetery. The land for the cemetery was donated by General Lewis Griffin, Confederate veteran and namesake of the town.

We continued on through the town then took the quickest route on down to Warm Springs. We started to see wide vistas, which surprised me quite a bit. It reminded me of the vistas of the High Hills of the Santee. We drove through the small town and found the Little White House. We got there in plenty of time for a tour of the site.

We started with a film narrated by Walter Cronkite, which should give you some indication of the age of the film. Regardless, it was very well done, and documented FDR’s time at Warm Springs. He had been diagnosed with polio in 1939 and had come to the area because of the purported healing qualities of the hot springs. FDR’s interactions with the local citizens shaped much of his policies for the new deal.

There was a small exhibit behind the theater with items belonging to FDR and Eleanor Roosevelt, including his blue convertible with hand controls that he drove through the countryside.

From there we walked on over to the Little White House residence. Just before getting to the small cottage there were a couple of sentry posts for Marine and Secret Service guards, as well as quarters for support staff.

As for the Little White House, its simplicity struck me. It stood in stark comparison to the ostentatious demands of the current administration. It also stood in stark comparison to the amount of history made in this humble cottage.

One thing I hadn’t spotted until just now was that the park employs many persons with handicaps.

Our last stop was to view the FDR portraits. FDR was sitting for a portrait by Elizabeth Shoumatoff on April 12, 1945 when he suffered a cerebral hemorrhage and died shortly thereafter. The portrait remained unfinished. Shoumatoff later completed another portrait of FDR from memory to honor the late president. Both paintings were on display in the Legacy Room of the park.

We stopped in the gift shop, bought a couple of expensive pecan rolls, and headed on for the next adventure.

The Little White House sits at the base of Pine Mountain. We drove to the top where there were spectacular views of the surrounding area. The road up and down the mountain was four-lane but very steep. From there we drove back into town.

Warm Springs has a weird dichotomy. The main street is lined with quaint stores, now mostly antique and curio shops. A large building houses a B&B.

However, take a stroll through Eleanor’s Alley and you wind up in a totally different world. Here you will find “Old Bullochville”, which was the original name for Warm Springs.

This is basically a faux town for bikers, with several bars and restaurants and lots of…rather strange stuff. It looks like most of this has been closed up for a long time because it’s starting to deteriorate.

There were some restaurants open, but nothing that caught our eye as far as dinner was concerned. In general, apart from the main street, the entire place looked like it was just about abandoned.

From Warm Springs we drove over to Roosevelt Warm Springs Institute for Rehabilitation. We were hoping to find the eponymous springs. However, what we found instead was a rather modern facility, and no springs. Most of the FDR era buildings were gone. There were historic cottages – some preserved, and some dilapidated. Water from the springs is now pumped into an indoor pool in the Ruzycki Center for Therapeutic Recreation, built in 1996. For whatever reason, I don’t have any photos of our drive through the institute.

We left Warm Springs for the long drive back to Watkinsville. For some reason the GPS took us on a slightly different route. We stopped for a moment in the town of Concord to take photos of some scenic buildings.

We encountered another one of Georgia’s scenic courthouses in the town of Zebulon, the county seat of Pike County. Yes, the town and county were named for Zebulon Pike, of Pike’s Peak fame, even though Pike had nothing to do with Georgia. He was hailed as a war hero after dying in the War of 1812 and towns around the country were named for him in his honor. Kind of like Washington or Lincoln, but now Pike’s exploits have faded from memory, with the exception of his peak in Colorado.

We had dinner just outside of Zebulon, then ran into a bit of a problem. A bridge was out over Lake Jackson, so we were re-routed. That turned out to be serendipitous. Our new route took us past a dramatic Rosenwald School. This one was either a five or seven teacher Nashville design, rather rare. The smaller Rosenwald Schools seem to have survived better than the larger ones. These were often torn down to free up land. So it was a pleasant surprise to find this one on Highway 36 in Butts County. We drove past it, then turned around to come back and photograph it in the setting sunlight.

Given the size of the school and some of the features such as a garage door, this may have been an African-American high school with vocational training. However, I can find no record of this school. GNIS doesn’t have a school listed at this location, and the Fisk University Rosenwald Database has no listing for Butts County. The building is far too large to have been moved from another site. This one is a mystery. Here’s a view of it from Google Earth:

By this time it was starting to get dark. Having hit one detour it was time to take the fastest route back, which involved I-20. I had been driving a LONG time and I was tired. It was a great day of exploration, but we still had a full weekend ahead of us.

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