In the Touro Law Journal, Judge Alvin Hellerstein, an Orthodox Jew who graduated the Bronx High School of Science and Columbia Law, once wrote “As a judge, and as a Jew, I consider that everything I do reflects God and affects His image. It is as if my orders and rulings, my decisions and opinions, stand before me in heaven, to judge me when I am to be judged. Justice is elusive, but it must be sought by passion and intelligence, so that the finished result reflects not only being Jewish, but being righteous, just, and correct. Let others pick the strands; I will stand by the results.” Frum Jews in Brooklyn need to heed the words of Judge Hellerstein when they double and triple park their minivans on 13th Avenue, block traffic, and nearly run you over as you cross the street in Boro Park.
Judge Hellerstein stood up to the powerful Department of Justice and ordered the release of Michael Cohen, finding that the Bureau of Prisons had sent Cohen back to prison in retaliation for Cohen exercising his First Amendment rights. Judge Hellerstein is not the first Federal Judge, in this country’s 200 year history, to recognize that inmates actually have rights under the First Amendment. The Bureau of Prisons has 200 years of standard boilerplate forms that they force inmates to sign, taking away every guaranteed right in the Constitution. Judge Hellerstein is one of the few Federal Judges who didn’t rubber stamp the Government’s tortured explanation and justification to incarcerate and torture an inmate in a shoe box with no air conditioning during a heat wave, no commissary, no human contact, showers once a week, no lawyer visits and limited food.
US Attorney Allison Marie Rovner, a graduate of University of Pennsylvania Ivy League Law school, vigorously defended the Department of Justice before Judge Hellerstein. Rovner argued that Hellerstein had no authority to rule in Cohen’s case because Cohen was a prisoner in Federal custody, outside of his jurisdiction, regardless of whether Cohen was locked up or out on furlough. When a lawyer tells a Federal Judge that the Judge has no power to rule in a case that lawyer is just looking for trouble. You don’t tell a Judge that he is not G-d. There is an old expression in the legal biz: State Court Judges think that they are gods, Federal Court Judges know that they are gods. The laws of man do not apply to the laws of gods. Judge Hellerstein wasn’t going to let this goyishsa shiksa lawyer insult Him in his Zoom courtroom. US Attorney Rovner should have withdrawn from the case, just as US Attorney Aaron Zelinsky and his buddies did when they found the positions taken by William Barr in the Roger Stone case to be against their “moral” compass. Zelinsky wanted 9 years incarceration for a guy who threatened his friend’s therapy dog while Barr wanted 3 years. Rovner is one of many defenders of Police State USA.
Judge Hellerstein’s recognition that inmates have First Amendment rights under the Constitution could open the floodgates to other Constitutional rights long denied to inmates, such as the Constitutional right to be free from cruel and unusual punishment. When I was released from Otisville and at home on Probation my probation officer told me that the people “downtown” didn’t like my blog. I told her that the people “downtown” didn’t like my blog because I was critical of the Federal government. I told her to tell the people downtown that I had the right under the First Amendment to write a blog critical of the US government. My blog also exposed a local pedophile rabbi, ie., Daniel Greer. I only mention this for the benefit of readers who subscribe to the conspiracy theory that the world is ruled by a gaggle of Democratic pedophiles who like to eat pizza at the Comet Ping Pong pizza restaurant in Washington DC. I should have told my probation officer to say “hi” to then Attorney General Eric Holder, just as Cohen allegedly did when they hauled him away.
With a straight face, US Attorney Rovner argued to Judge Hellerstein, “Petitioner’s book played no role to take Petitioner back into custody, as Officer Gustin was not even aware that Petitioner was writing a book. Rather, Gustin’s decision to remand Petitioner was based on his understanding that Petitioner had refused to acknowledge and sign the conditions of his transfer to home confinement.” Did Rovner expect Hellerstein to believe that Officer Gustin had no idea that Cohen was writing a book about Trump, a fact that has been constantly in the media ever since Cohen agreed to rat out the Donald? FUHGETABOUTIT! Judge Hellerstein went to high school in the Bronx. Rovner grew up in cloistered White privileged Wesleyan University, in Middletown, CT.
Rovner set forth, in detail, the ridiculous third grade Bureau of Prisons home confinement conditions, and the objections raised by Cohen: “Cohen objected to the first condition, which related to his contact with the media. Cohen stated that he was writing a book and that he was going to do that ‘no matter what happens.’ Cohen asked that the probation officer to say ‘hello’ to Mr. Barr, Cohen objected to the second condition, which required that his employment be approved in advance by the BOP and the Probation Office. Cohen posed various hypothetical employment positions and asked whether they would be approved. For example, Cohen asked whether he could appear as a political correspondent on television or the radio. Cohen objected to the third condition, which prohibited him from contact with convicted felons or anyone under investigation by the U.S. Attorney’s Office, noting that he wished to contact individuals he knew at FCI Otisville, Cohen objected to the fifth condition, arguing that he should be able to do his own grocery shopping, Cohen objected to the seventh and eighth condition, arguing that their wording was confusing. At some point Cohen’s attorney objected to Cohen’s placement on electronic monitoring, stating, in substance, that it was only for violent criminals.”
Cohen wanted to talk to his friends in Otsiville, which is against the rules. A completely ridiculous condition. Rovner was clearly lying when she stated that Cohen wished to talk to his friends in Otisville. Cohen had no friends in Otisville. Michael “the Situation” Sorrentino didn’t like Cohen. Nobody liked Cohen. The Bureau of Prisons wouldn’t let Cohen do his own grocery shopping. Lock him up in solitary because he got caught stealing tomatoes at the midtown Whole Foods! Outrageous! The only justification for this ridiculous condition is that inmates in Otisville are accustomed to steal food from the prison kitchen, the prison warehouse and the prison storage closets. Its the only way to survive. When I got out of Otisville I found it very difficult to resist the temptation to hide a banana and a tomato in my pants at the Stop and Shop.
Cohen objected to the condition that he be subjected to electronic monitoring. What is the point in electronic monitoring when every street corner in America is outfitted with a digital camera? The Federal government needs to step into the 21st Century. Idiots! Attorney Rovner repeatedly mentioned in her court filings that Cohen asked to say “hello” to US attorney Barr. Since when did saying “hello” to the United States Attorney become a Federal crime? Lock him up! The self righteous arrogance of these government employees, law school graduates of Ivy League institutions is mind numbing. These law school graduates should remain locked in these Ivy League institutions and not be exposed to the public, let alone given the power to lock guys up in solitary confinement during a heat wave with no AC, no food, no human contact and no daily showers.
US Attorney Rovner tried to make Police State USA look like the good guys on their white horses when she argued to Judge Hellerstein: “Petitioner may work on his book while incarcerated at FCI Otisville to the extent allowed by BOP policy applicable to all inmates. The BOP has instituted a policy to encourage inmates to use their leisure time for creative writing and to permit the direct mailing of all manuscripts as ordinary correspondence. Inmates do not need staff approval to do this.” Rovner attached a copy of the BOP policies relating to inmate manuscripts. One directive states: “The Warden may limit, for housekeeping, fire prevention, or security reasons, the amount of accumulated inmate manuscript material.” Another states: “An inmate may not circulate his manuscript within the institution.” Ridiculous! That rule is never enforced. When I was in Otisville billionaire biotech king inmate David Blech constantly circulated his manuscript for inmates to review. Nobody cared. Blech read my blog in Otisville. Blech said I was a mediocre writer. I told Blech I thought his life story was boring. Blech has a sister who used to do stand up comedy in the New York frummie world. I attended one of her shows. Talk about boring. Boring must run in the Blech family. How much money did you lose in the stock market crash of Thursday, September 22, 1994, known as “Biotech Thursday,” the day David Blech shut down his Wall Street operations. You know you made it in the Otisville criminal world when you have a stock market crash named after you. Moshiach Now!
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