Scalia v. Feeney

Ann Althouse has this post about Justice Scalia rebuking big fan Tom Feeney.

[Justice Scalia]: "No one is more opposed to using foreign law than I am, but I'm darned if I think it's up to Congress to direct the Supreme Court how to make its decisions."Let's have a response from the congressional Scalia fans:

Rep. Tom Feeney (R-Fla.), who has co-sponsored a nonbinding resolution against the use of foreign law, said that Scalia's comments were "like being told your favorite baseball player disagrees with your approach to hitting."Scalia's "brilliance," Feeney said, "has not convinced a majority of the court. He needs our help, even if he doesn't want it."Feeney said that Scalia's remarks may have damaged chances for his resolution's passage, since they will probably be quoted by its opponents.

What a desperate baseball metaphor!

So Feeney thinks Scalia may have undercut his resolution a tad? Perhaps -- just perhaps -- his opponents will now quote his hero against him? How hilariously embarrassing for Feeney. I was only trying to help.

Love him or hate him, Scalia is always entertaining. Whether it's the Sicilian gesture or calling his fellow Justices idiots, he makes things interesting... Plus no rationale person could disagree with him on this one -- Congress has no place telling the Supreme Court how to do its job.

Operation ____________

Based on the previous post, a FOB (friend of blog) has emailed with a contest suggestion: What is the best name of a takedown operation by the feds? We've had some pretty good ones in this District....

Operation Twin Oceans

"Federal authorities in Miami announced the takedown of a major international drug ring Wednesday following a three year investigation, known as Operation Twin Oceans.The global dragnet targeted a drug trafficking organization run by alleged cocaine kingpin Pablo Rayo-Montano. It resulted in more than 100 arrests, the capture of 52 tons of cocaine, and the seizure of roughly $70 million in assets, including three private islands off the coast of Panama and five homes in Broward County, said Justice Department officials." Here's the Sun-Sentinel article. Here's the indictment.

I always wonder who comes up with the names of these operations...

FACDL-Miami Banquet

Last night was the Florida Association of Criminal Defense Lawyers (Miami Chapter) Annual Banquet at the Biltmore. It was a great event -- over 350 guests and over 55 judges attended. We kept the event much shorter this year, allowing the band to actually play some music. Judge Federico Moreno and Richard Klugh were honored. Judge Stan Blake gave a very nice tribute to our fallen judges -- Henry Leyte-Vidal, Manny Crespo, and Linda Dakis. Judge Mary Barzee swore in the officers and directors. And the pressing question of the night was whether Rumpole was in the room... Congrats to Brian Tannebaum on a great year. I'm honored and very humbled to be taking over the reigns this year and am looking forward to it.

3rd DCA Finalists

Some of our federal practioners have made the cut to be considered for an appointment to the Third DCA, our state appellate court for Miami. The six finalists are AUSA Barbara Lagoa, Judge Israel Reyes, AUSA Lisette Reid, AUSA Hugo Black III, Sanford Bohrer and Douglas Stein. The JNC has put together a great group for consideration. This morning's DBR article by Carl Jones explores what sorts of questions are appropriate during interviews. Apparently Ms. Lagoa was asked about whether she could balance motherhood (she recently had twins) and work. Unbelievable that people are still asking these sorts of questions. Shame on them. Here is the beginning of Jones' article:

The issue of improper questioning of judicial candidates emerged anew during this week’s Judicial Nominating Commission interviews of applicants for a 3rd District Court of Appeal seat. During interviews on Tuesday, JNC member Hector Lombana, a Coral Gables lawyer, asked candidate Barbara Lagoa, a federal prosecutor who recently gave birth to twins, whether she felt she could balance motherhood and the workload of serving on the 3rd DCA. The JNC chair, Ramon Abadin, later called the question “inappropriate.” The panel subsequently chose Lagoa as one of six finalists it recommended to Gov. Jeb Bush.

Who Should Argue?

Very interesting article about whether the "solo-practioner" criminal defense lawyer should step-aside to allow a "big firm" or "experienced advocate" to argue before the Supreme Court. In fact the Supreme Court oral argument session had 22 state criminal cases this year. It seems to me that more often that not, the client wants the attorney who has fought for him to argue before the Court, regardless of where the person works or where he went to school. The question remains, however, is the solo-practioner representing the best interest of his client if he has never argued before the Supreme Court? Are the experienced folk who are trying to "take-over" these cases carnivores or justified in trying to present more articulate and persuasive arguments before the Court? Questions to ponder....

News and notes

1. Guilty on all counts for Masferrer. It was front page news for the Herald and the DBR. From what I understand, Judge Moore precluded the defense from the first trial. Start your appellate engines.

2. Fourth Circuit Judge Luttig resigned to go work at Boeing. I'm not a Luttig fan, but we have to pay our judges more or they are gonna keep leaving for higher paying gigs.

3. Tomorrow at noon is the filing deadline for state judges. Lots of coverage over at the Justice Building blog.

Take two...

The jury now has the case in United States v. Masferrer, the Hamilton Bank case. This is the second trial after the first jury couldn't reach a verdict. Ben Greenberg, Peter Outerbridge, and Andrew Levi prosecuted the case. Howard and Scott Srebnick defended.