Yesterday, Judge Williams ordered him to sit for a deposition, saying that he could not just assert a blanket 5th Amendment right to silence. Instead, he would have to assert it question by question, document by document in response to IRS questioning.Then the parties can come back before the court to determine whether those assertions were valid or not.
What's the over/under on how many times in the depo he asserts the 5th? I'm putting the line at 50.
http://www.miamiherald.com/2013/11/05/3733325/after-visit-from-federal-agents.html NO NEED FOR CORRECTIONS TO "HOLD FOR MARSHALLS" WHEN FEDS CAN SIMPLY PUSH CIRCUIT JUDGE INTO SUBMISSION IN CHAMBERS. MAYBE JUDGE WORRIED FEDS WERE THERE FOR ANOTHER REASON?
ReplyDeleteYeah, that's crazy 7:28. If I were Reir, I would file some sort of mandamus/certiorari to the 3d DCA arguing that the Court's decision not to release his client on bond was based on evidence that he did not get a chance to cross examine and that, for all practical purposes, should be imputed to the state.
ReplyDeleteThe proper procedure, in my opinion, would have been for the ASA to present the Secret Service agents as witnesses in open court and have them subject to cross examination. I would also seek any and all documents from the SAO regarding any all contacts they might have had with the Secret Service or the USAO prior to the agents showing up at the Judge's chambers. That would be interesting . . .
Fed R. Crim. P, Rule 6(e) Grand Jury secrecy is inapposite in my opinion because that is meant as a "shield" not a "sword." If the Secret Service guys want to volunteer the nature and progress of their GJ investigation into Reir's client made in connection with a pending bond motion in state court, then they waive (or at a minimum are estopped from raising) those 6(e) protections. I wonder what the AUSA who is handling the fraud investigation thinks of all this.
forget all that. what is up with verde's open door policy for ex parte communications. a clear violation here. the focus should be on verde and her not protecting the process. i remember verde running into bond hearing as an ASA many, many years ago on a WSVN media case for a defendant named Aran Dan and basically bsing the bond hearing judge into giving him a no bond status because the WSVN reporter was there. I guess she she still likes the media attention.
ReplyDeleteThe tribe's chief, or maybe his lawyer, is going to wind up in jail on this. Someone is going to perp walk.
ReplyDeleteI'll bet you on that.
Details! Details! Is the chief in prison yet?!?!
ReplyDelete