More on Ben

Some interesting points --


1. The Southern District of Florida U.S. Attorney's Office did not sign the indictment. It recused.


2. Ben's legal team has already filed a motion to ask for an early status conference to address "unprecedented" issues.

3. Lots of coverage around the blogosphere and the press. TalkLeft, AbovetheLaw, Discourse, WSJ.

4. Did Ben's politics have something to do with it? Some have contended that because Ben is a liberal Democrat, he may have been targeted. Others disagree. What do you all think?

I note here that I previously posted quotes from Jeff Weiner, a nationally respected criminal defense lawyer who is actively defending Ben publicly and privately. Jeff had one quote in the DBR about his perception about the prosecutor in this case. It did not occur to me that someone -- especially anyone that knew Jeff -- could misread the quote as defending the prosecutor or the prosecution. Apparently, some people did misinterpret Jeff's quote. For that I am sorry, and I wanted to clear this up -- Jeff believes that Ben is innocent and that the prosecution is unjust. He also believes that Ben is being prosecuted because he is a prominent criminal defense lawyer, not a prominent Democrat. The quote from the DBR unfortunately only had this last part and may have left the reader with the wrong impression. I hope this update clears that up.

Sad day

Typically I try to blog objectively and just report what is occurring in our District.

Today I can't do that because what happened this morning in magistrate court should not have happened.

Ben Kuehne, one of the pillars of this community, was indicted on money laundering charges. (read indictment here)

The government's theory of prosecution is outrageous. According to Jay Weaver's article:

Justice Department officials allege that Kuehne broke the law in 2002-03 when he vouched for millions paid by one-time Medellín drug lord Fabio Ochoa Vasquez to his high-profile trial attorney, Roy Black.
Kuehne's research gave Black the confidence -- in the form of legal opinion letters -- to accept payments totaling $3.7 million in fees and $1.3 million in expenses from Ochoa, according to several sources. Kuehne earned a portion of the expense payments -- $220,000 to $260,000 -- from Black for vetting Ochoa's payments.

**

Federal prosecutors face a formidable challenge in proving the case against Kuehne. They will have to prove that Kuehne knew Ochoa's money came from the sale of family assets to drug-trafficking associates...

This means that Ben had to have knowingly and willfully lied to Roy when telling him that the fee was okay. But what motive would Ben have for doing this? The money certainly wasn't enough to risk all of this. And Ben Kuehne of all people wouldn't have done these things for a million dollars. He's as ethical a person and lawyer as I know. I'll comment a lot more on the charges once I've had a chance to digest the indictment which was unsealed this morning in mag court.

We all know the real reason for this prosecution -- to discourage lawyers from taking these kinds of cases.

I went to court to support Ben. Half of the legal community was there to show their support. (He was released on a $250,000 personal surety bond.) Watching this unfold really stuck in my gut. I am still in disbelief. I actually had a case in the past with the lead prosecutor from DOJ. I went up to him to say hello and he exclaimed without prompting: "This is a wonderful day for the government." The comment was unnecessary and it sickened me.

I walked away from him thinking just the opposite. This is a terrible day for our country. Ben will be acquitted. But at what cost to him? And our justice system? Now, more than ever, it's critical to fight for our Constitution and our justice system.

In court, Ben commented to Magistrate Judge Brown: "since I am completely innocent of these charges, I am entering a plea of not guilty.'' He is represented by John Nields and Jane Moscowitz.

A bit of good news -- the case was assigned to Judge Marcia Cooke. As I have commented before, she is as fair and just.

UPDATED -- here's a DBR story about the case.

A good argument for cameras in the courtroom.

Check this out.

The real action occurs at 7:06 on the video counter, followed by moaning from the lawyer (off-camera).

Inspectors at Dyer building today

The David W. Dyer building will be inspected today by lawyers and experts for Ted Klein's family.

I have been informed that, contrary to recent news articles, the Judge did *not* order the cleanup to stop. Instead, he simply permitted the plaintiff's team in the building before the 6 month period for filing a federal tort claim act lawsuit ran.

"Absolved of terrorism, Haitian still in limbo"

Jay Weaver's article on Lyglenson Lemorin's plight can be read here. Lemorin is the acquitted defendant from the Liberty City 7 case who remains jailed by imimgration authorities based on the same conduct even though he is a lawful permanent resident with no prior convictions.

It's not too late

The South Florida Federal Bar Association Judicial Reception is this Thursday night at the Hyatt from 5:30 to 8. RSVP now to Lourdes Fernandez at: Lourdes_Fernandez@flsd.uscourts.gov

Opening statements in Liberty City 6 case

Here's a nice article by the AP's Curt Anderson summarizing today's openings. Here's some of the back and forth:

Ana M. Jhones, an attorney for alleged ringleader Narseal Batiste, told the new, racially mixed jury of seven men and five women that the FBI agents and prosecutors sought to build a case at any cost against the men from Miami's impoverished Liberty City neighborhood.

"This was about desperation - desperation to justify something that never happened," Jhones said in her opening statement. "We have a fabrication, a setup, of six young black men from Liberty City."

Prosecutors, however, said the FBI was right to aggressively follow tips that the group was discussing the overthrow of the U.S. government through the bombings and forming alliances with Islamic extremist groups. Although the men never obtained any weapons or explosives to carry out any attacks, prosecutors said the crime was in their agreement to do so.

"They had the will, they had the heart, they had the soul to do harm to this country," said Assistant U.S. Attorney Jacqueline Arango. "All they needed was assistance, and al-Qaida was that ticket."

The picture at the upper left is from the Herald article. Pictured are:

Don't clean that mold!

That's what Judge Story ruled in the Dyer mold case (via Julie Kay). From the article:

According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story — sitting in the Miami case — issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein. Klein died of a mysterious respiratory illness that his family believes was caused by years of working at the old courthouse building. "There is a reasonable risk that material evidence located in and around the David W. Dyer Federal Courthouse, relating to a future claim by the Kleins, against governmental entities and/or private entities, will be modified, altered, mitigated, destroyed and/or remediated and that such change will significantly prejudice the Klein family, causing immediate, irreparable and continuous harm because the contaminants, toxins and/or other evidence will be permanently lost," stated Story's order. Story also authorized Klein family attorney Alan Goldfarb and his experts to "inspect, photograph and videotape" the Dyer Building.