Abramoff trial date

Judge Huck is apparently ready to try the Abramoff case. For those who practice in this District, you know that Judge Huck is always ready to try cases. The parties had other ideas. According to this law.com article by Julie Kay, trial is currently set for December 12. The judge initially set it for October but after Neal Sonnett (Abramoff's attorney) and Martin Jaffe (Kidan's attorney) pressed about the amount of discovery and other issues, the judge moved it a couple of months. I never understood why these cases get rushed to trial. The government gets as long as it wants (usually years) to investigate and put its case together and the defense gets mere months to review everything the government has and prepare its own case. In any event, it will be interesting to see if it actually goes in December. Any bets?

More Abramoff news...

Jack Abramoff pleaded not guilty yesterday. It made the news here, here, and here. The Sunday Washington Post also had a long article about the case.

Back on-line... (UPDATED)

No air-conditioning. No hot water. No lights. But the worst part of all -- no internet access! Now that we're back on-line, there were two important stories this morning.

1. Jay Weaver reports that "The attorney representing Gilberto Rodriguez Orejuela -- founder of the Cali cartel, which once supplied 80 percent of all the cocaine on U.S. streets -- wants a federal judge to let him withdraw from the case because of the great risk of accepting potentially tainted legal fees from his client. Today, Jose Quiñon will ask U.S. District Judge Federico Moreno for permission to step aside as the Colombian's lawyer because he does not have ''sufficient comfort to proceed with the representation,'' according to court papers.
The judge is likely to assign Rodriguez Orejuela's costly defense to a court-appointed lawyer who would be paid by the U.S. government -- a right normally reserved for poor defendants who cannot afford their own lawyer." The government has really put Quinon and Judge Moreno in a pickle. Of course, the CJA panel is not meant to provide legal services to Gilberto Orejuela. But what is the lawyer or the judge to do? This case really demonstrates the power the government has to keep a presumed innocent defendant from having the lawyer of his choice.

UPDATE-- Judge Moreno let Jose Quinon off the case. See coverage here. Orejuela has until next Wednesday to find a lawyer. If not, a CJA lawyer will be appointed. Stay tuned...

2. Julie Kay reports that the new U.S. Attorney has placed a priority on prosecuting pornography. Not terrorism. Not violent crime. Not drugs. Not white collar crime. Not CHILD pornography. But consenting adult pornography. Can this really be true? Here's some highlights from the article: "When FBI supervisors in Miami met with new interim U.S. Attorney Alex Acosta last month, they wondered what the top enforcement priority for Acosta and Attorney General Alberto Gonzales would be. Would it be terrorism? Organized crime? Narcotics trafficking? Immigration? Or maybe public corruption? The agents were stunned to learn that a top prosecutorial priority of Acosta and the Department of Justice was none of the above. Instead, Acosta told them, it’s obscenity. Not pornography involving children, but pornographic material featuring consenting adults. Acosta’s stated goal of prosecuting distributors of adult porn has angered federal and local law enforcement officials, as well as prosecutors in his own office. They say there are far more important issues in a high-crime area like South Florida, which is an international hub at risk for terrorism, money laundering and other dangerous activities. His own prosecutors have warned Acosta that prioritizing adult porn would reduce resources for prosecuting other crimes, including porn involving children. According to high-level sources who did not want to be identified, Acosta has assigned prosecutors porn cases over their objections."

News and notes

This may be the last post pending Katrina... All federal courthouses close today at 1PM, so until they reopen, check out these two interesting stories.

1. Fascinating article in the Business Review today about how e-mail is being used as a weapon against a corporate defendant in a contract dispute. John O'Sullivan and Jason Kellogg of Akerman Senterfitt are the lawyers for Quantum Communications and have dug up the e-mails that apparently sink defendant Ronald Hale. The case is in front of Judge Martinez. The DBR explained Judge Martinez's reaction when the defendant said he couldn't recall the e-mail: "Judge Martinez, a former prosecutor, did not buy that the dates of the negotiations slipped Hale’s memory. At the Aug. 3 hearing, he likened it to his days as a prosecutor, when he asked a witness if he was on an airplane that crashed in the Colombian jungle with 4,000 pounds of narcotics on it, and the witness said he could not remember. “That’s like telling me you’re asked have any of your children ever died a violent death, and you say, ‘I don’t really remember,’ ” Martinez said from the bench. Days later, Martinez granted the preliminary injunction for Qantum."

2. Eligio Perez, a former Customs Inspector at Miami International Airport, pled guilty yesterday before United States District Court Judge Federico Moreno in federal court in Miami to a criminal indictment charging him with disclosure of confidential government information, in violation of Title 18, United States Code, Section 1905. Under the terms of the plea agreement, Perez agreed to immediately resign from his federal employment and agreed not to seek any other federal or state law enforcement employment. Perez is scheduled to be sentenced on November 2, 2005. Case was prosecuted by Daniel Fridman.

3. Finally, the JNC is accepting applications for U.S. Attorney in this District. The deadline is October 3. Should I apply?

Katrina closes federal courts tomorrow at 1PM

Chief Judge Zloch just announced that the federal courts will close at 1:00 p.m. tomorrow. Below is the text of the advisory, with a link to the court's website.

District Court Operations and Tropical Storm Katrina Chief Judge Zloch announced that all Divisions of the United States DistrictCourt for the Southern District of Florida will be open to the public at 9:00 A.M. on Thursday, August 25th. The Court’s public functions at alllocations will be suspended at 1:00 P.M. in anticipation of the onset ofwind and rain conditions associated with Tropical Storm Katrina. Thisincludes the Court’s locations in Key West, Miami, Fort Lauderdale, WestPalm Beach and Fort Pierce.No new jury trials will be started nor will jurors be called to report onThursday, August 25th. Jurors who are currently sitting on trials mustfollow the instructions of the presiding judges.Criminal duty matters in all Divisions will be conducted before Noon. Alldistrict court staff should report for work as scheduled. A determinationabout the status of continuation of non-public functions will be made bynoon Thursday. A liberal leave approval policy will be observed for staffwho are not able to report to work. Further information about the status ofthe Court’s operations for Friday, August 26th will be available on theCourt’s website: www.flsd.uscourts.gov by 1:00 P.M. Thursday.

Hoeveler assigns homework

So what to do when a law clerk hears a sitting juror bitching on the phone about her service, the other jurors, and saying that she had already made up her mind to convict the defendant? Judge Hoeveler kicked the juror off and then gave her an interesting homework assignment: he told her to read an eight-page printout of an article from the Harvard Journal of Law & Public Policy by Manhattan lawyer Gerald Walpin. Title is "America's Adversarial and Jury Systems: More Likely to Do Justice.'' Hoeveler told the juror to give him a written summary -- within 15 days. "I want you to read that thoroughly. . . . Then write me a letter telling me what you think of it and what you think of the jury system.'' Juror is Kimberly Branam-Callahan Cipolato, who was represented by Joel Kaplan. She's a legal secretary at Duarte & Ariz in Coral Gables. Hoeveler's law clerk is Mandana Dashtaki, 26 year old Harvard grad. Read the whole article by Joan Fleischman here.

New County Attorney

Today the Daily Business Review covers our new county attorney, Murray Greenberg. Everyone loves Murray:

Greenberg starts out in the county’s top legal job with a solid base of goodwill, even from lawyers who have done battle with his office over the years. “Murray is one of the finest lawyers and people I’ve ever known,” said Greenberg Traurig land-use attorney and shareholder Cliff Schulman. “Murray’s a straight shooter, and I think everyone else in that office will follow that lead.” Fort Lauderdale lawyer Bruce Rogow, who represents Citizens for Reform, a business-backed political action committee that supports Alvarez’s campaign for a strong-mayor form of government, said the county attorney’s office “has been a wonderful office with a great reputation under the kind of joint leadership of Bob and Murray.”

Congrats to Murray on this promotion.

Martinez Nelson team up

The Daily Business Review follows up on the new JNC with an article here. "The new Federal Judicial Nominating Commission formed by Republican U.S. Sen. Mel Martinez and Democratic Sen. Bill Nelson marks something of a return to the bipartisan, collaborative model employed by former Sens. Con-nie Mack and Bob Graham in the 1990s. The 56-member statewide JNC announced last week, while heavy with Republicans, includes some Democrats. Martinez, who was elected last November, oversaw the process, while Nelson, elected in 2000, picked about a quarter of the members. According to Skip Dalton, general counsel for Martinez, the two senators will also collaborate on final picks before they’re sent to the White House."
The article explains that while mostly made up of Republicans, there "are a handful of Democrats" which include: "Mark Schnapp, a former federal prosecutor and a partner at Greenberg Traurig in Miami; Michael Hanzman of Hanzman & Criden in Miami; and Steven E. Chaykin, a former federal prosecutor and a partner at Zuckerman Spaeder in Miami."