Chief Justice Roberts speaks at 11th Circuit Conference in Atlanta

 There was a question about whether he would still attend the conference after everything that has happened in the last few days (Alito, for example, cancelled his appearance at another Circuit conference).  To his credit, the Chief showed up.  CNN reported:

Chief Justice John Roberts said Thursday that the leak of a draft opinion that would strike down Roe v. Wade is "absolutely appalling" and stressed that he hopes "one bad apple" would not change "people's perception" of the nation's highest court and workforce.

In his first public appearance since the leak on Monday, Roberts also said that if "the person" or "people" behind the leak think it will affect the work of the Supreme Court, they are "foolish."

Roberts was speaking at a meeting of lawyers and judges at the 11th Circuit Judicial Conference, while the court is on a brief recess. The justices will meet together again during their closed-door conference in Washington on May 12.

 

 Closer to home, there were two acquittals this week in federal court -- one health care fraud case in front of Judge Cooke (Frank Schwartz and Martin Roth were the defense lawyers) and one gun case in front of Judge Seitz (AFPDs Julie Holt and Ashley Kay).

May the 4th be with you

 I think Fane Lozman might be a Jedi Knight.  His Supreme Court victories are legendary.  And now he has entered the trial court arena, fighting the Sith prosecutors who tried to take him down.  Of course, he won.  And with a judgment of acquittal no less.  Here's the coverage:

Fane Lozman has made a name for himself literally fighting city hall. 

He beat Riviera Beach in the U.S. Supreme Court twice. 

Now, Lozman says he is being targeted by State Attorney Dave Aronberg because he has fought corruption in his city and county. 

Tuesday, Lozman went to trial on a criminal charge and again it went his way, as the Singer Island activist turned the tables and tried to put Riviera Beach and Palm Beach County’s state attorney on trial.  

“This is a waste of your time,” Lozman told jurors at the start of his trial on criminal mischief charges for kicking and damaging a gate on a Singer Island dock near his home. “This is about retaliation for fighting corruption in Riviera Beach.” 

Lozman attacked prosecution witnesses, including dock owner Davender Kant, a former Riviera Beach city building official.  

“Have you committed homestead fraud?” Lozman asked Kant. 

Riviera Beach police arrested Lozman last February.  

***

“This case is about destruction,” countered Assistant State Attorney Nicholas Kaleel. “It is not about who owns the dock.”  

However, that argument didn’t wash with Circuit Court Judge Ashley Zukerman, who ordered the charge against Lozman dropped right after prosecutors finished their case. 

Familiar Faces Recognized by Attorney General

By John R. Byrne

Each year the Attorney General hands out prestigious "Attorney General Awards" to DOJ employees who have made extraordinary contributions to law enforcement.  Some familiar faces received awards this year, including Trial AUSAs Chris Clark and Lisa Miller and forfeiture AUSAs Nicole Grosnoff and Peter Laserna.  That team prevailed in a six-week health care fraud trial before Judge Cohn.

Also receiving an award was Betty Alfarez.  If you've worked at the USAO down here, you know how essential Betty is to the work of the office.  Without her, the trains don't run on time.  She's a special woman and well deserving of the award.  Congrats, everybody! 

Who leaked the draft Alito opinion?

SuperSurvey

6th Circuit issues crazy ruling...

 ... saying judges can't reject appellate waivers in plea agreements.  

Appellate courts seem to be okay when trial judges reject deals that see to be too lenient (like the Michael Flynn matter).  It should be the other way around, of course.  Court are there to check the government, not to act as another branch of the U.S. Attorney's office.  

Carissa Byrne Hessick agrees that the 6th Circuit opinion is bonkers:

It is clear that the 6th Circuit—which invoked the separation of powers and stated that trial judges must exercise their power to reject plea bargains “with due regard to prosecutorial prerogatives”—wants to give more power to prosecutors. But giving prosecutors the power to unilaterally demand lopsided plea bargaining terms and curtailing the power of judges to reject those bargains doesn’t “separate” powers; it concentrates power in the hands of prosecutors. Limiting the ability of judges to reject plea bargains—especially plea bargains that are unfavorable to defendants—not only weakens judges’ ability to serve as a check on prosecutorial power, but it also infringes on the constitutional power of judges as the officials tasked with entering judgments.

Our system is more and more geared toward convictions and affirmances.  Sad.