A New Hope

I am so bummed... Instead of watching the inauguration tomorrow, I will be stuck in state court in Broward. I kid you not. Shouldn't courts be closed tomorrow? Thank goodness for TiVo.

A big shout out to all the FOB (friends of blog) who are in DC. Please send pics and we will post them.

It's a very exciting time, no matter what political party you belong to. Some interesting questions:

1. Who will President Obama appoint to be the next U.S. Attorney? When will that happen? Any chance that it is Alex Acosta?

2. Who will President Obama appoint to fill the first open Southern District judgeship?

3. Who will sit on the federal JNC to help in these selections?

And finally:

4. Will Rumpole reveal himself?

"My innocent client is being dragged along for the ride."

That's Joel Hirschhorn on the Mutual Benefits case after two judges have recused and the U.S. Attorney and his chief have recused from the case. What is going on?

Here's Vanessa Blum's article, which is extremely interesting. The case is now assigned to Judge Jordan and Eric Bustillo is the AUSA who signed off on the indictment. From the intro:

The biggest financial fraud case in Broward County history is proving too hot to handle for several senior federal law enforcement officials and judges, who have removed themselves from having anything to do with it.Federal prosecutors announced new charges this month in the long-running investigation of Mutual Benefits Corp.--a defunct Fort Lauderdale investment firm whose managers are accused of operating a $1-billion Ponzi scheme.This week, two federal judges assigned to hear the case stepped aside in quick succession with no explanation, according to public court records.The back-to-back judicial recusals, unparalleled in recent memory, followed an unusual decision by the two highest-ranking lawyers in the local U.S. Attorney's Office to have no further involvement in matters related to Mutual Benefits.
Judges and prosecutors generally recuse themselves when they have conflicts of interest, for instance a personal relationship with someone involved or a financial stake in the litigation.Because of secrecy surrounding the recusals, it is not clear whether the Justice Department officials and federal judges have the same conflict.

Quick question -- should judges and prosecutors have to disclose why they recuse from a case?

First federal not guilty of the year?

Bill Matthewman got one yesterday before Judge Marra in a felon in possession case. First not guilty of the year in the District?

UPDATED -- Nope, Matthewman doesn't get the honors. The first NG of the year goes to Tim Day from the Federal Defender's Office before Judge Cohn.

"Nice off the bench"

Brian Tannebaum has been doing a bunch of provocative blogging over at his site. I enjoyed reading this post about Judges being "nice off the bench." Here's a snippet:

A standard description of judges is that he or she is "nice off the bench."When you say a judge is "nice off the bench," it naturally means they are not nice on the bench.Anyone in trial practice has seen this in action. See judge on bench, see judge lambaste lawyer. See judge at social event, see judge as a happy friendly person.

C'est la vie

It doesn't look like it was a good day for Gen. Manuel Noriega.

Here's the AP Report:

A skeptical panel of federal appeals judges questioned Wednesday whether former Panamanian dictator Manuel Noriega has any legal right to challenge his proposed extradition to France to face money laundering charges.
The 11th U.S. Circuit Court of Appeals judges cast doubt at a hearing on claims by Noriega's lawyers that the Geneva Conventions treaties regarding prisoners of war require Noriega be returned to Panama because his sentence for drug racketeering ended in September 2007.
U.S. Circuit Judge Ed Carnes repeatedly asked Noriega attorney Jonathan May whether Congress eliminated the legal underpinnings of Noriega's argument when it passed the 2006 Military Commissions Act. The law created judicial procedures for enemy combatants held at Guantanamo Bay, Cuba, but also could be applied to POWs and anyone else, the judges said.
"Do you disagree with the plain meaning of that language, or what?" Carnes said. "You're using the Geneva Conventions as a source of your client's right ... (the law) says you can't."
May said that was an incorrect interpretation of what Congress sought to do. He insisted the law was meant to apply solely to court proceedings, not an executive branch matter such as extradition.

The Herald article is here.

11th Circuit to hear General Noriega's case

Curt Anderson has this interesting piece about the oral argument before the 11th Circuit regarding whether Gen. Manuel Noriega should be extradited to France or whether he goes back to Panama:

As the only prisoner of war held on U.S. soil, inmate No. 38699-079 gets annual visits from the Red Cross and can wear his military uniform and insignia when he goes to court.
Gen. Manuel Antonio Noriega frequently sees his wife and children, who make the trip to his private bungalow at a federal prison near Miami from their home in Panama. The one-time CIA operative is a dedicated news junkie, reads voraciously about history and politics and is working on a memoir.
Whether the vanquished dictator's story ends in prison or freedom, at home or abroad, depends on how courts in three countries on two continents decide to punish him for his drug-running past.
More than a year ago, Noriega completed his sentence for drug racketeering and money laundering and thought he was headed home. Instead, U.S. officials dropped a legal bomb: Noriega would be extradited to France to stand trial on more money laundering charges.
On Jan. 14, a federal appeals court will hear arguments on Noriega's claim that as a POW he should immediately be repatriated, 19 years after the U.S. invaded Panama to remove him from power.
"Gen. Noriega is not a complainer," said Frank Rubino, one of Noriega's attorneys. "As a soldier, he's been schooled in such a way that he was dealt this hand, and he will play this hand."

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I've gotten a bunch of emails about the post below on Chris Hansen speaking at the federal bar luncheon. This one is my favorite:

The feds want to hear from an entrapment expert... Perhaps to pick up some tips? What's next -- William Shatner on trial advocacy? Jack Bauer on interrogation techniques? Judge Judy? Stay tuned...

Chris Hansen to speak at Federal Bar Luncheon

This month's guest speaker for the Federal Bar Association's luncheon series is Dateline NBC's Chris Hansen on January 21st at the Banker's Club. Mr. Hansen is a 7- time Emmy winner and renowned correspondent with Dateline NBC. He is perhaps best known for the "To Catch a Predator" series but his investigative reporting includes efforts to expose international identity thieves, child sex rings in Cambodia, counterfeit prescription operations out of China, and international child labor violations. He has also received numerous reporting awards for his coverage of the federal building bombing at Oklahoma City and the mass murders at Columbine, Colorado. Attendance is expected to be high so please RSVP to Celeste Higgins at (305) 530-7000, ext. 109.

"How a mother of two ended up in a plot to smuggle high-tech gear to the enemy."

The Miami New Times covers Shahrzad Mir Gholikhan here. You remember Ms. Gholikhan -- she's the woman who hung a jury before Judge Cohn and then represented herself at the second trial. The New Times has a cover story on her. It's a great read.

That's her in the picture above.