Yes, he was convicted on obstruction, but the jury hung on three perjury counts. Enough already.
I'm not sure why a prosecutor should be able to retry a case after he couldn't convince a jury to convict. Isn't that reasonable doubt? To force someone to defend against two federal trials is impossible in every way -- financially and emotionally. The government had its shot in what was a controversial prosecution. Now time to go after a real criminal.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Wednesday, April 13, 2011
Quick hits
1. En banc 11th Circuit, per Judge Pryor, rules that Orlando can place limits on feeding homeless without violating First Amendment. CSM coverage of the case here:
In a decision announced Tuesday, a federal appeals court ruled against the group, Orlando Food Not Bombs, and gave a green light to city officials to enforce an ordinance restricting weekly feeding of the homeless in downtown parks.
“The city is in a far better position than this court to determine how best to manage the burden that large group feedings place on neighborhoods in the city,” Circuit Judge William Pryor wrote for the unanimous decision of the 11th US Circuit Court of Appeals in Atlanta.
2. Still no Bonds verdict. Day 4 of deliberations today.
3. Via Jay Weaver, ICE chief on paid administrative leave. AOL snitched him out:
The head of Immigration and Customs Enforcement for South Florida has been placed on paid administrative leave, as federal agents investigate four images of child pornography he allegedly received on his home computer via an AOL e-mail account, according to sources familiar with the probe.
4. Front page story about my friend Alfred Spellman and his partner Billy Corben, who are just tearing it up at age 32! Their latest flick, Square Grouper, looks great:
He and Alfred Spellman, both 32, started filming documentaries with their friend David Cypkin when they were in high school, Corben at New World School of the Arts and Spellman and Cypkin at North Miami Beach Senior High School. Now their formerly self-staffed group rakontur employs six full-timers in their Miami Beach house-cum-office.
Even with that growing staff, it’s hard to believe they’ve produced half a dozen award-winning feature-length documentaries, including The U, part of ESPN’s 30 for 30 series. Or that the Miami premiere of their new documentary Square Grouper on Thursday is the first of five premieres set for 2011. Another five full-length features are planned for 2012. Up until now, the group had released about one a year.
In a decision announced Tuesday, a federal appeals court ruled against the group, Orlando Food Not Bombs, and gave a green light to city officials to enforce an ordinance restricting weekly feeding of the homeless in downtown parks.
“The city is in a far better position than this court to determine how best to manage the burden that large group feedings place on neighborhoods in the city,” Circuit Judge William Pryor wrote for the unanimous decision of the 11th US Circuit Court of Appeals in Atlanta.
2. Still no Bonds verdict. Day 4 of deliberations today.
3. Via Jay Weaver, ICE chief on paid administrative leave. AOL snitched him out:
The head of Immigration and Customs Enforcement for South Florida has been placed on paid administrative leave, as federal agents investigate four images of child pornography he allegedly received on his home computer via an AOL e-mail account, according to sources familiar with the probe.
4. Front page story about my friend Alfred Spellman and his partner Billy Corben, who are just tearing it up at age 32! Their latest flick, Square Grouper, looks great:
He and Alfred Spellman, both 32, started filming documentaries with their friend David Cypkin when they were in high school, Corben at New World School of the Arts and Spellman and Cypkin at North Miami Beach Senior High School. Now their formerly self-staffed group rakontur employs six full-timers in their Miami Beach house-cum-office.
Even with that growing staff, it’s hard to believe they’ve produced half a dozen award-winning feature-length documentaries, including The U, part of ESPN’s 30 for 30 series. Or that the Miami premiere of their new documentary Square Grouper on Thursday is the first of five premieres set for 2011. Another five full-length features are planned for 2012. Up until now, the group had released about one a year.
Tuesday, April 12, 2011
Looking for guest blogger for Judge Cohn talk
I'm bummed I won't get to see Judge Cohn speak tomorrow at the Federal Bar luncheon. He gives a very entertaining speech and it is a sold out event. If anyone is there and would like to guest blog about the talk, please email me at dmarkus@markuslaw.com
Monday, April 11, 2011
Wow
Jay Weaver just broke a big story -- "FBI agents searched the home and office of Anthony V. Mangione, the head of Immigration and Customs Enforcement in South Florida, over the weekend in a criminal investigation focusing on child pornography allegedly stored on his computer, according to federal sources familiar with the case."
More:
Mangione, 50, has headed ICE’s regional office since 2007. The agency has aggressively targeted child pornography, with Mangione frequently speaking out against “predators’’ who illegally share images through their computers. ICE also investigates migrant smuggling, illegal weapons exports, counterterrorism and drug trafficking.
***
As special agent in charge of ICE’s South Florida office, Mangione’s name often graced press releases lauding the agency’s efforts to fight child pornography, in both the cyber and real worlds. In statements, he talked about using technology to combat child pornography and his agency’s resolve to combat the crime.
“Too many children are victimized by predators that target the most vulnerable among us -- our children," Mangione said in a 2009 press release announcing that a 20-year-old Palm Beach County man was sentenced to more than 12 years in prison on child porn charges.
More:
Mangione, 50, has headed ICE’s regional office since 2007. The agency has aggressively targeted child pornography, with Mangione frequently speaking out against “predators’’ who illegally share images through their computers. ICE also investigates migrant smuggling, illegal weapons exports, counterterrorism and drug trafficking.
***
As special agent in charge of ICE’s South Florida office, Mangione’s name often graced press releases lauding the agency’s efforts to fight child pornography, in both the cyber and real worlds. In statements, he talked about using technology to combat child pornography and his agency’s resolve to combat the crime.
“Too many children are victimized by predators that target the most vulnerable among us -- our children," Mangione said in a 2009 press release announcing that a 20-year-old Palm Beach County man was sentenced to more than 12 years in prison on child porn charges.
Barry Bonds verdict today? UPDATE -- nope
I hate waiting for a verdict over the weekend. It's just torture. I'm reminded of this great opinion by Judge Kozinski about human nature and lying:
Saints may always tell the truth, but for mortals living means lying. We lie to protect our privacy (“No, I don’t live around here”); to avoid hurt feelings (“Friday is my study night”); to make others feel better (“Gee you’ve gotten skinny”); to avoid recriminations (“I only lost $10 at poker”); to prevent grief (“The doc says you’re getting better”); to maintain domestic tranquility (“She’s just a friend”); to avoid social stigma (“I just haven’t met the right woman”); for
career advancement (“I’m sooo lucky to have a smart boss like you”); to avoid being lonely (“I love opera”); to eliminate a rival (“He has a boyfriend”); to achieve an objective (“But I love you so much”); to defeat an objective (“I’m allergic to latex”); to make an exit (“It’s not you, it’s me”); to delay the inevitable (“The check is in the mail”); to communicate displeasure (“There’s nothing wrong”); to get someone off your back (“I’ll call you about lunch”); to escape a nudnik (“My mother’s on the other line”); to namedrop (“We go way back”); to set up a surprise party (“I need help moving the piano”); to buy time (“I’m on my way”); to keep up appearances (“We’re not talking divorce”); to avoid taking out the trash (“My back hurts”); to duck an obligation (“I’ve got a headache”); to maintain a public image (“I go to church every Sunday”); to make a point (“Ich bin ein Berliner”); to save face (“I had too much to drink”); to humor (“Correct as usual, King Friday”); to avoid embarrassment (“That wasn’t me”); to curry favor (“I’ve read all your books”); to get a clerkship (“You’re the greatest living jurist”); to save a dollar (“I gave at the office”); or to maintain innocence (“There are eight tiny reindeer on the rooftop”).
And we don’t just talk the talk, we walk the walk, as reflected by the popularity of plastic surgery, elevator shoes, wood veneer paneling, cubic zirconia, toupees, artificial turf and cross-dressing. Last year, Americans spent $40 billion on cosmetics—an industry devoted almost entirely to helping people deceive each other about their appearance. It doesn’t matter whether we think that such lies are despicable or cause more harm than good. An important aspect of personal autonomy
is the right to shape one’s public and private persona by choosing when to tell the truth about oneself, when to conceal and when to deceive. Of course, lies are often disbelieved or discovered, and that too is part of the pull and tug of social
intercourse. But it’s critical to leave such interactions in private hands, so that we can make choices about who we are. How can you develop a reputation as a straight shooter if lying is not an option?
UPDATE -- no verdict today. Interesting. Will it hang?
What else is going on today?
The government is still "operating".
Awesome op-ed by John Thompson in the NY Times.
In Kansas, judges live to 103.
I don't think Justice O'Connor has crossed any ethical lines, but she is taking some heat.
Saints may always tell the truth, but for mortals living means lying. We lie to protect our privacy (“No, I don’t live around here”); to avoid hurt feelings (“Friday is my study night”); to make others feel better (“Gee you’ve gotten skinny”); to avoid recriminations (“I only lost $10 at poker”); to prevent grief (“The doc says you’re getting better”); to maintain domestic tranquility (“She’s just a friend”); to avoid social stigma (“I just haven’t met the right woman”); for
career advancement (“I’m sooo lucky to have a smart boss like you”); to avoid being lonely (“I love opera”); to eliminate a rival (“He has a boyfriend”); to achieve an objective (“But I love you so much”); to defeat an objective (“I’m allergic to latex”); to make an exit (“It’s not you, it’s me”); to delay the inevitable (“The check is in the mail”); to communicate displeasure (“There’s nothing wrong”); to get someone off your back (“I’ll call you about lunch”); to escape a nudnik (“My mother’s on the other line”); to namedrop (“We go way back”); to set up a surprise party (“I need help moving the piano”); to buy time (“I’m on my way”); to keep up appearances (“We’re not talking divorce”); to avoid taking out the trash (“My back hurts”); to duck an obligation (“I’ve got a headache”); to maintain a public image (“I go to church every Sunday”); to make a point (“Ich bin ein Berliner”); to save face (“I had too much to drink”); to humor (“Correct as usual, King Friday”); to avoid embarrassment (“That wasn’t me”); to curry favor (“I’ve read all your books”); to get a clerkship (“You’re the greatest living jurist”); to save a dollar (“I gave at the office”); or to maintain innocence (“There are eight tiny reindeer on the rooftop”).
And we don’t just talk the talk, we walk the walk, as reflected by the popularity of plastic surgery, elevator shoes, wood veneer paneling, cubic zirconia, toupees, artificial turf and cross-dressing. Last year, Americans spent $40 billion on cosmetics—an industry devoted almost entirely to helping people deceive each other about their appearance. It doesn’t matter whether we think that such lies are despicable or cause more harm than good. An important aspect of personal autonomy
is the right to shape one’s public and private persona by choosing when to tell the truth about oneself, when to conceal and when to deceive. Of course, lies are often disbelieved or discovered, and that too is part of the pull and tug of social
intercourse. But it’s critical to leave such interactions in private hands, so that we can make choices about who we are. How can you develop a reputation as a straight shooter if lying is not an option?
UPDATE -- no verdict today. Interesting. Will it hang?
What else is going on today?
The government is still "operating".
Awesome op-ed by John Thompson in the NY Times.
In Kansas, judges live to 103.
I don't think Justice O'Connor has crossed any ethical lines, but she is taking some heat.
Friday, April 08, 2011
11th Circuit to remain open if government shuts down
From their website:
Notice to Parties and Counsel
In the event of a government shutdown, the Court of Appeals will continue to conduct business during its normal hours of operations. Counsel are expected to appear at oral argument as usual and parties are expected to meet all filing deadlines.
So what exactly will close? From CNN:
In the short term, a shutdown -- the first since 1996 -- would frustrate anyone who wants to go camping in a national park, get a passport to leave the country or receive a visa to come in.
***
Should the government shut down, operations from national parks to veterans' clinics would close. The White House visitor center would go dark. Even some government websites would blink out, replaced by virtual closed signs.
But not everything would close.
Essential services such as defense, air traffic control and law enforcement would continue largely unabated, as would Social Security enrollments and payments. The Social Security Administration said a backlog of applications would be crippling.
Medicare payments would also continue, as would health benefits for government employees. Electronically filed tax returns would be processed. And although paper returns wouldn't be reviewed, a shutdown wouldn't equal a tax holiday -- returns would still be due April 18.
UPDATE--
The Supreme Court will remain open as well:
In the event of a lapse of appropriations, the Court will continue to conduct its normal operations through the week of April 11. The Court building will be open to the public during its usual hours
Notice to Parties and Counsel
In the event of a government shutdown, the Court of Appeals will continue to conduct business during its normal hours of operations. Counsel are expected to appear at oral argument as usual and parties are expected to meet all filing deadlines.
So what exactly will close? From CNN:
In the short term, a shutdown -- the first since 1996 -- would frustrate anyone who wants to go camping in a national park, get a passport to leave the country or receive a visa to come in.
***
Should the government shut down, operations from national parks to veterans' clinics would close. The White House visitor center would go dark. Even some government websites would blink out, replaced by virtual closed signs.
But not everything would close.
Essential services such as defense, air traffic control and law enforcement would continue largely unabated, as would Social Security enrollments and payments. The Social Security Administration said a backlog of applications would be crippling.
Medicare payments would also continue, as would health benefits for government employees. Electronically filed tax returns would be processed. And although paper returns wouldn't be reviewed, a shutdown wouldn't equal a tax holiday -- returns would still be due April 18.
UPDATE--
The Supreme Court will remain open as well:
In the event of a lapse of appropriations, the Court will continue to conduct its normal operations through the week of April 11. The Court building will be open to the public during its usual hours
Steve Chaykin event
I'm told that there are still tickets left for this event. If you are interested in going, call David Mandel's office, 305-374-7771.
Thursday, April 07, 2011
Vacation for civil division!
Everyone around the courthouse -- AUSAs, AFPDs, CSOs, Marshals, courtroom deputies, FDC guards, everyone -- seems to be asking whether they will be working if the government shuts down next week.
Most of DOJ will continue to operate:
All FBI personnel will continue to work, and all 116 federal prisons will remain open, according to the department. In addition, criminal litigation will continue uninterrupted. But the department will be forced to stop or curtail activities including most civil litigation, community outreach to victims of crime and the processing of grants.
Sorry Judges, you'll have to show up too:
As most of the federal government and those who depend on it brace for a possible partial shutdown, the federal judiciary says there should be no visible disruption in its operations for two weeks.
The judiciary pays its bills in part with fees, which are outside the regular appropriations process, and it says it has enough in reserves to keep its doors open even if Congress does not agree on a budget.
***
If a shutdown were to last more than two weeks, then individual districts and judges would need to make decisions about which services are essential. Some work, such as that of probation officers, is considered essential under federal law, Carelli said. Jury trials could go forward, but payments to jurors would be deferred, according to a separate statement from the administrative office.
Probation officers essential?? Even after Booker?
The 11th Circuit can't afford to take any time off -- it's got the highest caseload in the country, but partisan bickering is already taking aim at Daisy Floyd, and she hasn't even been nominated yet.
Will we get a Bonds verdict before the shutdown?
Most of DOJ will continue to operate:
All FBI personnel will continue to work, and all 116 federal prisons will remain open, according to the department. In addition, criminal litigation will continue uninterrupted. But the department will be forced to stop or curtail activities including most civil litigation, community outreach to victims of crime and the processing of grants.
Sorry Judges, you'll have to show up too:
As most of the federal government and those who depend on it brace for a possible partial shutdown, the federal judiciary says there should be no visible disruption in its operations for two weeks.
The judiciary pays its bills in part with fees, which are outside the regular appropriations process, and it says it has enough in reserves to keep its doors open even if Congress does not agree on a budget.
***
If a shutdown were to last more than two weeks, then individual districts and judges would need to make decisions about which services are essential. Some work, such as that of probation officers, is considered essential under federal law, Carelli said. Jury trials could go forward, but payments to jurors would be deferred, according to a separate statement from the administrative office.
Probation officers essential?? Even after Booker?
The 11th Circuit can't afford to take any time off -- it's got the highest caseload in the country, but partisan bickering is already taking aim at Daisy Floyd, and she hasn't even been nominated yet.
Will we get a Bonds verdict before the shutdown?
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