I love that Bonnie Tyler is performing Total Eclipse of the Heart today.
But the eclipse isn't enough for Judge Merryday out of the Middle District to allow a continuance so that a government agent could go see it:
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13 comments:
What a jackass.
He should be referred to the ethics committee.
Great Order. Crappy outcome.
Great order? Are you kidding me? What an abusive judge. Isn't he the one with the DUI?
And I bet he felt so clever in writing this. He should be called Judge Meanday. He broke a lot of hearts with this, not just the agent involved. I bet lots of people including his staff would love to have the day off to watch this historical event.
This isn't a mean order. Give me a break.
How about showing some professionalism, for crying out loud? Do you think blue collar workers get to take a day off to watch the eclipse? This is why so many people hate lawyers and government employees--such a sense of entitlement.
Judge is a jackass? Seriously? You want people to incur (potentially) thousands of dollars in costs from attorneys sitting around, inconvenience everybody that would need to reschedule to accommodate the delay and pushing their calendars back a day, hold witnesses over who may have traveled to be at this trial in response to subpoena, AND push back the court's docket to accommodate one guy who decided he wanted to roll the docket dice??? I think the court was quite restrained. Good on this judge for not
Cutesie opinions are almost always annoying. But on the merits, the relevant questions are (1) when was the trial date set, (2) was it after consultation with parties, (3) when did AUSA file motion to reschedule. If the motion was filed closer to the trial date than to the date on which the trial setting was announced, then denial of motion to continue was totally reasonable. The mildly-interesting insider questions would be whether AUSA fucked up by not communicating with his case agent about the trial date earlier.
The agent made a request. The purpose of the order was to demean and embarrass the agent. If you're going to deny the motion, just deny it. Tough guy with lifetime appointment. Jackass.
Most agents have multiple cases set for trial at the same time, sometimes on the exact same trial period with the same judge. They are repeatedly reset, usually at defense request. They often plea out last minute, despite promises that the case will 'definitely' be a trial. Case agents prep cases a million times and then are told with no notice the case is reset. Case agents are people, and have a difficult time scheduling vacation. No one works around their schedule. So they are forced to schedule a vacation and hope you don't get a trial. The judge on the other hand can plan whatever vacation he or she wants, so the tone of the order is a bit too much for my taste.
And if the motion to continue were granted, the jury called in could absolutely be used for a different trial.
When this case pleas out last minute, will the judge have another cutie speech to make?
Rule of thumb: when you become a federal judge with lifetime tenure and can do whatever you want, don't be a smartass....nobody thinks it's witty...this order says a lot more about the judge than it does about the agent whose spouse is probably giving him/her hell for a broken promise
He wouldn't have denied it if he ever saw one.
Lots of tough talking prosecutors and agents whining like delicate, sensitive snowflakes because the tin badge from which they obtain their identity and behind which they hide, has its limitations. Not unlike when they impugn jurors (and the rule of law) after an acquittal.
Go find a safe space, tough talkers.
@3:21 PM, agreed.
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