Heat

For all the credit Lebron is getting this post-season, he's not getting enough.  He's put the Heat on his shoulders in the playoffs.  Wade has been average.  Bosh has been hurt and hasn't been 100% since he's been back.  Miller can't hit the side of a barn.  The only role player doing anything is Battier.  Lebron has really been unstoppable. 

My personal email account (Hotmail) got hit with a virus this weekend.  What a pain.  How does that happen anyway?  I'm trying to figure out how to stop it in the future, but the advice on the net (change your password often and check your computer for viruses) doesn't seem like it will prevent the hack.

We're nearing the end of the SCOTUS Term.  Here are the remaining cases to be decided, which obviously includes the health care cases.  I'm betting that Michael Caruso gets cert in the Padilla case.  We'll see...

Rajat Gupta was convicted pretty quickly.  The over-under line on his sentence is ten years.  Any bettors?

For those who are bored and looking for some summer reading, check out this NY Times article about a guy who crossed Niagra on a wire.  If you are looking for a good beach book, try Ender's Game, which I just finished and recommend. 

Willie and Ben answering questions from Michael Caruso and the CJA lawyers

The annual CJA conference in Naples

That's appellate specialist Paul Rashkind giving the Supreme Court update.

"When in doubt, affirm."

That's what Judge Moreno told Judge Jordan at his investiture yesterday, to much applause and laughter. Justice O'Connor spoke, as did Judge Dubina and U.S. Attorney Willie Ferrer.

Meantime, big news in the District. The U.S. Attorney's office has dismissed its case against Irfan Kahn, a case originally assigned to Judge Jordan but transferred to Judge Scola. Kahn was represnted by Federal Public Defender Michael Caruso and AFPD Sowmya Bharathi. Here is the press release from last year from the U.S. Attorney's office, which discussed taking down the Pakistani Taliban. There was much fanfare, including news reports around the world (and on this blog). Here's the NY Times article from last year detailing the arrest.

I wonder what press there will be about the dismissal.

Adalberto Jordan to be invested

It's today at 3:30 at the Wilkie Ferguson Jr. Courthouse and it's going to be packed.  I hear there are at least 3 overflow courtrooms set up.  How big will his Supreme Court investiture be?

Some other good news to report -- Wilkie Ferguson's son, Wilkie Ferguson III, is pictured below holding the Tony Award for best revival of a musical for 'Porgy and Bess,' which he currently appears in on Broadway. Very cool.

Ho hum Monday

School's out, camp started, and the Heat made the Finals (take that Rumpole!).

Other than that, the SDFLA is pretty quiet.

-- Clarence Thomas is now taking the position that oral argument should be done away with altogether (via Charlotte Observer):

Earlier, Sentelle and Thomas discussed the law before a luncheon audience at the Charlotte City Club. Somebody asked Thomas what he’d change about the process.
Do away with oral arguments, he said.
Thomas hasn’t spoken during the high court’s oral arguments for more than six years.

Read more here: http://www.charlotteobserver.com/2012/06/08/3302996/justice-honors-fellow-displaced.html#storylink=cpy

-- Paul Clement guards his oral argument prep time "jealously."

-- The WSJ blog reports that Rajat Gupta will not testify even though his lawyers said in open court on Friday that it was "highly likely."  Anything wrong with making the prosecutors work over the weekend to prepare the cross even though Gupta probably knew before the weekend that it was highly likely that he was going to take the stand?

Alicia Otazo-Reyes...

... will have her investiture today at 3pm in the new courthouse on the 13th Floor. 

Congrats to Judge Otazo-Reyes!

Does anyone miss, like I do, the investitures in the courtyard of the Dyer building with Christy's catering?

Trust us!

That's the message from Deputy AG James Cole's testimony before the Senate Judiciary Committee yesterday, in which he speaks out against Sen. Murkowski's (R-Ala) bill to require more disclosure under the federal criminal discovery rules.  Here are his comments.

In addition to the "trust us" argument (who needs changes to the rules when the internal guidelines say disclose!), the DOJ resorts to the unfortunate fear argument.  People will DIE if the discovery rules are changed.  The argument gets absurd:

Legislation requiring earlier and broader disclosures would likely lead to an increase in such tragedies.   It would also create a perverse incentive for defendants to wait to plead guilty until close to trial in order to see whether they can successfully remove identified witnesses from testifying against them.

 Really?  This is why prosecutors shouldn't be required to disclose Brady and Giglio well in advance of trial -- because defendants are going to wait to see if the witnesses are killed?

I've spoken out before about the need for discovery reform. But I never thought we'd see this sort of argument.  I hope that the Senate sees through it.