Judge Alicia Valle's "Divestiture"

 By John R. Byrne

This past Friday, the Court held a retirement reception for Magistrate Judge Alicia Valle. She dubbed the event her official "divestiture." Magistrate Judge Hunt was the master of ceremonies for the event, which featured several speakers, including retired Magistrate Judge Barry Seltzer, Magistrate Judge Matthewman, Chief Judge Altonaga, and Holland & Knight partner (and former Valle law clerk), Cary Aronovitz. The speakers did an excellent job conveying Judge Valle's work ethic and heart. We also learned that, for years, Judge Valle and Judge Hunt coordinated their Halloween costumes (some great pairings, including Gomez and Morticia Addams of Addams Family fame).

Judge Valle was an excellent magistrate judge and universally respected by attorneys, civil and criminal alike. We're going to miss her. 

Alexander Brothers trial to start

 The Miami brothers will be starting trial tomorrow with opening statements after a week of motions and picking the jury in SDNY.  Howard Srebnick and Jackie Perzcek have one of the brothers.  Marc Agnifilo and Teny Geragos (of Diddy fame) have another.  The judge is known for being as pro-prosecution as they come and has already precluded the defense from putting in basic evidence -- for example, that one of the brothers got married (which evidence would show withdrawal from any supposed conspiracy and is just basic background evidence that is always admissible).  That's what I like about trying cases here in SDFLA -- most judges (even the most prosecution friendly) will at least let you try your case.  

Here's CNN with a preview of the trial:

Federal prosecutors accuse two of New York’s top real estate brokers, and their brother, of sexually assaulting over a dozen women and young girls over a period that spanned more than a decade.

During the trial’s opening statements, which are scheduled for Monday, prosecutors are expected to describe to a jury how they believe the three brothers — Oren and Tal Alexander, the real estate brokers to the ultra-wealthy, and Alon, an executive at the family’s security company — used their wealth and position to lure women to lavish parties or vacation destinations, drug them with cocaine and club drugs, and violently rape and sexually assault them.

Law enforcement allege the brothers identified women they found attractive on dating apps through party promoters and chance encounters, and often would pool financial resources to pay for the women’s travel expenses, according to court filings. The alleged assaults occurred from 2008 until 2021 in luxury locations in the Hamptons, Aspen, Las Vegas, Manhattan, and during a Caribbean cruise, according to court filings. 

Judge Valerie Caproni, who is presiding over the trial in the Southern District of New York, ruled that several of the accusers can testify using pseudonyms, including women who were minors at the time of the alleged assaults. More than 20 women could be called to testify in the case.

Prosecutors have argued in court that they have text messages between the brothers and others arranging travel in addition to photos and videos. 

As of Friday, a jury of six women and six men was selected for the trial, which is expected to last at least a month.

 

 

Congress and DOJ Seek to Get Rid of Judges and Warrants

Two explosive stories this week reveal how the Department of Justice and its allied political forces are undermining judicial independence and constitutional checks on law enforcement.

1. House Leadership Backs Impeaching Federal Judges

House Speaker Mike Johnson publicly announced support for impeaching federal judges whose rulings block the Trump administration’s agenda. Johnson signaled he is “for it” when asked about impeachment resolutions targeting at least two judges accused by senators of “egregious abuses” of power. The push is centered on judges who have issued orders adverse to the administration’s immigration and other policies. Pretty troubling.

This isn’t just rhetorical bluster — Legislators have introduced resolutions against judges like James Boasberg and Deborah Boardman, and Johnson’s willingness to embrace impeachment raises the specter of legislative retaliation for judicial rulings, undermining the separation of powers that anchors our constitutional system.

2. ICE Can Enter Homes Without Judicial Warrants

Across the law enforcement landscape, another alarming shift is unfolding: an internal ICE memo disclosed this week authorizes Immigration and Customs Enforcement officers to forcibly enter private homes without a judge-signed warrant, using only an administrative immigration document for individuals with final deportation orders. This breaks with long-standing Fourth Amendment norms requiring a judicial warrant for residential entries and seizures.

Whistleblowers say the memorandum, drafted in May 2025, is being used to train new ICE officers, even though it conflicts with previous training that limited administrative warrants to public arrests. Critics contend this policy effectively instructs agents to bypass constitutional safeguards, and legal challenges are already brewing.

Orin Kerr has a lengthy post explaining the law here. 

Who is going to stand up for our judges and our Constitution?

Israel's Impending Constitutional Crisis

By John R. Byrne

I hope everyone has recovered from the Miami's heartbreaking loss in the national title game (or, at least, the Hurricane fans out there). Still a great season, and I foresee the Hurricanes clocking in at #1 in the prestigious SDFLA Blog 2026 Pre-season Poll.* 

Separately, sharing Judge Altman's review of Yonatan Green's book "Rogue Justice: The Rise of Judicial Supremacy in Israel." In the review, Altman highlights the sweeping power of the Israeli Supreme Court and, in particular, its relatively unconstrained power of judicial review. 

*Prediction will hinge on the Hurricanes landing Duke QB Darian Mensah in the transfer portal (Duke is trying to stop that).

Hammer Time

A number of sources inside the U.S. Attorney’s Office for the Southern District of Florida tell me that the entire office was summoned yesterday at 4:00 p.m. 

Mandatory attendance. 

No agenda disclosed. 

At the meeting, the U.S. Attorney reportedly said that defense counsel* in a recent trial unearthed old tweets by Will Rosenzwieg criticizing Donald Trump. He then said that the defense "forced" the government's hand in firing Rosenzweig. Losing the trial after being "forced" to fire a prosecutor was not an option.

So the Office assembled its “dream team” of prosecutors—David Turken, Roger Cruz, and Rob Moore—to try the case.

In front of the entire office, the trio was presented with the first-ever “Golden Hammer” awards. Actual, oversized, shiny golden hammers. ...

 * Defense counsel vehemently denies it, says it's completely untrue, and it didn't come from them.

SCOTUS decides a 4th Amendment case

It's been a while! The decision is Case v. Montana, which held: Brigham City’s objective reasonableness standard for warrantless home entries to render emergency aid applies without further gloss and was satisfied in this case. From SCOTUSblog:

The Supreme Court on Wednesday upheld the conviction of a Montana man who was convicted of assaulting a police officer. In a unanimous decision written by Justice Elena Kagan, the court ruled in Case v. Montana that police officers in Anaconda, Montana, did not violate the Fourth Amendment when they entered William Case’s home without a warrant, rejecting Case’s contention that the police officers needed “probable cause” to go into his house. Under the Supreme Court’s earlier cases, Kagan wrote, it was enough that the police officers reasonably believed that Case – whose former girlfriend had called them to tell them that Case had threatened to commit suicide – needed emergency assistance.

The case began in 2021, when Case told his former girlfriend, identified in court papers as J.H., that he “was going to kill himself” and would also shoot any police officers who came to his house. J.H. called 9-1-1, which sent three police officers to the scene for a “welfare check on a suicidal male.”

Although Case did not answer when police officers knocked on the door or yelled into an open window, the police officers saw empty beer cans, an empty handgun holster, and what they believed to be a suicide note in the house. The police officers were also aware that Case had threatened to commit suicide before; on another occasion, police officers believed that Case was trying to goad them into shooting him.

Roughly 40 minutes after they arrived, the police officers entered the home. Case was hiding in a closet in an upstairs bedroom, where he was holding a black object that officers believed was a gun. One officer shot Case in the abdomen; another officer discovered a handgun in a laundry hamper near Case.

Case asked the trial court to exclude the evidence that law enforcement officials obtained after they entered his house, arguing that police officers should have had a warrant. But the state courts rejected that argument, prompting Case to come to the Supreme Court.

Case contended that if police officers enter a home without a warrant to provide emergency assistance, they must have probable cause “to believe someone is in urgent need of help.” On Wednesday the Supreme Court disagreed. In an 11-page opinion, Kagan acknowledged that the sanctity of the home is at the core of the Fourth Amendment, which protects the people from “unreasonable searches and seizures.” As a general rule, she explained, “[w]hen the intru­sion is into that most private place, ‘reasonableness’ usu­ally means having a warrant.” But there are exceptions to that general rule, she continued, including “the need to provide an occupant with emergency aid.”

Speaking of SCOTUSblog, its founder Tom Goldstein started his trial this week. I think they opened today. More on that soon.

First Amendment and UF

Really interesting First Amendment order out of the 11th Circuit involving a UF law student and some really horrible speech.  2-1 in favor of UF.  Branch write the opinion, Lagoa joins, and Newsom dissents.

From the introduction:

The University of Florida ("UF") expelled Preston Damsky,
a law student, for posts he made on X (formerly Twitter), including
one post that stated, "Jews must be abolished by any means necessary." Damsky then sued Chris Summerlin, UF's Dean of Students, arguing that UF violated his First Amendment rights. UF
now appeals the district court's order granting Damsky a
preliminary injunction and requiring UF to reinstate him as a
student. We find that UF is likely to succeed on the merits because
Damsky' s speech was likely not protected by the First Amendment.
UF was allowed to regulate Damsky's speech because, particularly
when read in context, his statements were reasonably interpreted
as a call for extralegal violence that caused a serious disruption to
other students' educational experiences and the school's ability to
provide its services. Accordingly, we grant UF's motion for a stay
of the district court's injunction pending appeal.

From the dissent:

Based on a post that Preston Damsky published on his
personal "X'' account,* the University of Florida ("University" or
"UF") expelled him from its law school, just a semester shy of his
expected graduation. Damsky sued on the ground that his
expulsion violated the First Amendment, and he sought a
preliminary injunction requiring the University to reinstate him. In
a thorough opinion, Judge Allen Winsor granted Damsky
preliminary injunctive relief, prohibiting the University from
"continuing to take adverse actions against" him and ordering him
returned to "normal standing" at the law school. Dist. Ct. Order,
Nov. 24, 2025, at 28.
Today, this Court stays Judge Winsor's order. I respectfully
dissent. The University hasn't shown a reasonable likelihood that
it will succeed in its effort to vacate or modify the injunction,
which, to my mind, correctly concludes that Damsky's posthowever
disgusting- enjoys constitutional protection. 

 

*Both the majority and the dissent explain that Twitter is now X.  I think everyone knows that now, just like we all know that opinions from the old 5th Circuit control per Bonner!

Magistrate Judge News

 Congratulations are in order for two good people -- first to Detra Shaw-Wilder on her investiture. 

And second to Yeney Hernandez, who the judges voted on at their judges' meeting today to be our newest magistrate judge.  

Have a great weekend and GO CANES!