More Departures From U.S. Attorney's Office

Kenneth Blanco, Deputy Chief of the U.S. Attorney's Office is off to D.C. He has been named Chief of the Narcotics and Dangerous Drugs Section at the Department of Justice. Ken has been at the U.S. Attorney’s Office in Miami since 1998 and had recently applied for the position of the U.S. Attorney for the Southern District of Florida.

AUSA David Buckner is also moving on. After 8 years with the U.S. Attorney’s Office in Miami he is entering private practice. David’s last case was a memorable one as he argued the en banc appeal in the case of the five Cuban spies.

It goes without saying that Miami is losing two very good federal prosecutors with lots of experience. Yet strangely, it appears that they have been hiring mostly younger prosecutors as of late with a lot less trial experience. Thoughts?

More on this topics in an article by Julie Kay in Tuesday’s Daily Business Review.

News and notes

Well, we picked a jury in Savannah today. We started at 9AM and were done by 2PM. When the case is over, I will have more commentary on federal jury selection. I have posted previously on eliminating the peremptory challenge.

Busy day at the Supremes. There was a Blakely cert grant. Abortion debate is back in DC. But I know most of you were following the hallucinogenic tea case. Today, the High Court -- per Roberts -- allowed the small church to continue drinking it (to the disgust of the DEA) so that they could connect with God. Right about now, I could use some of that tea. (The Court took no action in the Padilla case, so right now it's full steam ahead for the trial to proceed in September in front of Judge Cooke).

Excuse the slow blogging while I'm in trial... I'm hoping Seitles and Anon will pick up the pace...

Padilla to remain detained

So ordered Judge Marcia Cooke. Padilla had appealed his detention (ordered by Judge Garber) to the district court. At a hearing this morning, that appeal was denied. Initial coverage here, here and here.

Issues involving Cuba

1. The en banc argument in the Cuban Spy case was today. Here's some coverage. AUSA David Buckner argued for the government and AFPD Richard Klugh argued for the defense. Two Harvard grads going at it...

2. AUSA Dexter Lee is asking Judge Moreno to dismiss the case filed by the 15 Cubans who landed on the wrong bridge (which was not considered U.S. soil by the U.S.). See here.

Padilla Challenges Detention

In depth article by Julie Kay in today's Daily Business Review about the alleged "dirty bomber." Here are some highlights. Lawyers for Jose Padilla have appealed Magistrate Judge Garber's pre trial detention order. In their appeal, his lawyers contend that Mr. Padilla's application may be a fraud. The Government argued at the detention hearing that Mr. Padilla completed the form in 2000. Defense lawyers also assert that the government did not present evidence that Mr. Padilla could speak Arabic and therefore understand the contents of the form, or that he ever adopted the Arabic name Abu Adallah al Mujahir. Justice Department lawyer Stephanie Pell explained at the hearing that the application was authenticated by a cooperating government witness. One of the most interesting assertions in the appeal is that there were apparently more than 50,000 phone calls in the alleged 8 year terrorism conspiracy, and Padilla participated in only seven conversations. Defendant's counsel believes that Padilla should be released because he has signficant family ties to this community and to the United States and that he is not a flight risk.

The case is presently set for trial in September before U.S. District Judge Judge Marcia Cooke. Hard to argue that this case should not be added to the list of one of the most high profile cases ever in the Southern District of Florida. Thoughts?

Aleman releases jailed lawyer Adam Katz...

...according to the Miami Herald.

New federal courthouse

I'm in Savannah, but found a computer and ran across this DBR article about the new federal courthouse. Here's an excerpt:

The heavily fortified and architecturally unique Wilkie D. Ferguson Federal Courthouse in Miami is scheduled to open this fall, more than a year behind schedule. Completion of the $163 million courthouse — in the works for 15 years — was slowed by change orders, contractor delays and hurricanes, according to U.S. District Judge K. Michael Moore, who has overseen the project. But the biggest reason for the setback, Moore said, is that dozens of louvers controlling air intake and exhaust had to be removed and replaced due to water infiltration from Hurricane Wilma. The issue of who bears financial responsibility for the mistake — architects Arquitectonica and HOK or contractors Dick Corp. of Pittsburgh and EllisDon Construction of Canada — is in dispute. “We have to concentrate on fixing it now and then figure out who was responsible,” Moore said.

Lawyer jailed in state court

I really don't cover the state court system and this blog is dedicated to this federal district, but I couldn't help but notice this article about Broward State Judge Cheryl Aleman jailing a lawyer for 60 days for not appearing for court. For those state practioners who think the federal judges are rough, I've never heard of such a thing. Anyone have any good contempt stories from our district?