Should Obama be doing even more with his commutation power?

The WP says yes.  From the intro:

PRESIDENT OBAMA began August by commuting the sentences of 214 federal inmates, and he ended the month by commuting 111 more. Generally the pardon and commutation power is used sparingly and gets attention only when presidents use it to help cronies or former staffers. Now it is being used to commute the sentences of people who could not spare a dime to donate to a political campaign. This is a historic milestone — but it is also not nearly enough.

Mr. Obama’s August tally is the highest one-month presidential commutation total ever — even including those last-minute flurries of commutations and pardons presidents typically unleash during their final days in office. In a single month, Mr. Obama doubled the number of sentences he has shortened since taking office — to 673. His accelerating pace reflects an initiative to use the commutation power with more ambition than any modern president. His cumulative total is higher than that of the past 10 presidents combined.
The president has the power to shorten sentences in order to compensate for inequities in the justice system, an authority and responsibility that most neglect. Two years ago, the Obama Justice Department announced a program to encourage certain types of federal prisoners to petition for clemency. Mr. Obama chose to target inmates who are serving long sentences for nonviolent crimes, mostly drug-related, and who would be sentenced more leniently under current rules. The White House points out that more than a third of those the president has commuted were serving life sentences, even though they were relatively low-level offenders.

You have the right to confront an actor against you.

Another "terror" trial and another set of witnesses allowed to testify in disguise.  From the Herald:

The federal government’s secret informant and undercover agents who helped catch a suspected Key West terrorist last summer may testify at trial using fake names and even disguises, a judge has ruled.
***
Two FBI agents and one confidential informant “may testify under their undercover pseudonyms at trial without disclosing their true identities,” Magistrate Judge Lurana Snow wrote in an Aug. 17 ruling. “The defense shall be prohibited from asking any questions seeking personal identifying information from or about [them].”
Also, the witnesses may enter and leave the courthouse from a non-public doorway and their voices and pictures may not be publicly disclosed through any recordings or images, Snow ordered.

Election Tuesday

Thank goodness we don't elect judges in federal court. I'm not saying it's a great system we have, but I think it beats elections. Asking the lawyers that appear before you for money... Ads that have nothing to do with judging... Yuck. 

Anyway, I was very proud of having the blog after lasts week's comments and posts about Hogan and Richey. People wrote such beautiful tributes and memories. Speaking of which, there is a memorial this Friday for Jay Hohan at the Biltmore at 11am. 

Judge Gayles' new clerk was just married and it's in the NYT

Here.


 

Shahrzad Daneshvar, the daughter of Afsaneh Pournaderi Daneshvar and Farhang Daneshvar of Fair Oaks, Calif., was married Aug. 25 to Travis Viola, a son of Teresa Viola and Vincent Viola of New York. Judge Ann Claire Williams of the United States Court of Appeals for the Seventh Circuit officiated in her chambers in Chicago.

On Sept. 17, A. Reza Sheikholeslami, emeritus professor of Persian studies at Oxford, is to lead a traditional Persian ceremony at the Waldorf Astoria in New York.

Ms. Daneshvar, 28, is keeping her name. Next month, she is to begin a clerkship in Miami for Judge Darrin H. Gayles of the United States District Court for the Southern District of Florida. She graduated summa cum laude from George Washington. She also received a master’s degree in education from the University of Miami and her law degree with honors from the University of Chicago.

Her father retired as an industrial engineer in Fair Oaks.

Mr. Viola, also 28, is the vice president for hockey operations for the Florida Panthers of the National Hockey League. He graduated from Fordham. His father is owner, chairman and governor of the Panthers.

The couple were originally supposed to meet on a blind date in 2010. Though that date was canceled, they kept in touch, and met in person five months later in New York.

Jay Hogan obit in the Herald

Jay Weaver starts with a story I just love hearing about every time it's told:

Everyone seems to have a story about courtroom legend James Jay Hogan, who died this week at age 82, but no one will ever forget this surreal moment: In the mid-1980s, the Miami defense attorney got a key government witness to testify that in his previous life he was Hollywood icon Jean Harlow.

The credibility of the witness, it is safe to say, was instantly in serious question.

During the federal trial, Hogan unveiled a blown-up photo of the Roaring Twenties blonde bombshell, who died in 1937 of a brain infection. The man testifying was born five years later. Hogan’s client, a Miami lawyer accused of preparing phony real-estate documents for the witness, was acquitted.

Former law partner Hy Shapiro recalled how Hogan dug up the tidbit about Harlow from a little-known book written by the witness, a revelation that drew gapes and howls from jurors. He said Hogan’s secret weapon was his work ethic.

“He would eat, sleep and breathe a case when he got into it,” Shapiro said on Thursday. “He would delve more deeply than anyone into a witness’ life.”


Here's the newspaper story from the time, which is fun to read.

Judge Cooke rules for Jason Pierre-Paul against ESPN

The NYP covers the story here:

A Florida judge has green-lighted Giants defensive end Jason Pierre-Paul’s invasion-of-privacy lawsuit against ESPN and its reporter Adam Schefter for posting his private medical records online to millions of readers.
The ruling by Miami federal Judge Marcia G. Cooke sets the stage for the state’s second high-profile legal battle in a year between a sports star and a media organization over privacy issues. In March, wrestler Hulk Hogan won a record-breaking $140 million victory over Gawker for publishing his sex video.
***
Cooke agreed in a ruling she issued from the bench Thursday morning after an hour of arguments.
“This just went beyond the pale,” sports law expert Daniel Wallach said of Schefter’s decision to post the private records.
“If this is not where the line is, where would it be?” said Wallach, of the law firm Becker & Poliakoff. Wallach, who is not involved in the case, expects the decision will mean a quick settlement.
“The judge has the case on fast track with discovery cutoff in Februrary, meaning in-season depositions,” Wallach explained.
Lawyers for ESPN and Schefter had asked the judge to toss the case, citing First Amendment protections.
Pierre-Paul is suing for unspecified damages. He is also represented by lawyers Kevin Fritz and John C. Lukacs.

Meantime, I wanted to thank all of the readers who posted comments yesterday about Hogan and Richey.  This is what the blog is all about.  Thanks.  --dm

RIP Jay Hogan and Bill Richey

I'm so sorry to report that two great men and great lawyers passed away yesterday. Please share your memories/stories in the comments and I will post them. Sad.



From Judge Bob Scola on Jay Hogan:


"One of the true legal legends passed away last night. I tried a seven month long trial with him in Tampa and he was the real deal. It was like participating in a legal seminar every day ( and morning since we met at 5:30 am each day to get ready for that day's session). He invited me to share space with him after the trial and I was with him for 4 years until taking the bench. He was an invaluable resource and had the rare combination of exceptional talent coupled with an incredible work ethic. He was generous with his time, advice and in all other ways. He will definitely be missed."


From Judge Vance Salter on Bill Richey:

I saw your piece on Bill Richey and Jay Hogan this morning—tragic, shocking, I have to say. Bill was an associate at Steel Hector & Davis, following Janet Reno there from the State Attorney’s office (before Janet ran for the office herself). A trial lawyer’s trial lawyer, laser-guided but unfailingly polite and professional. Harlingen, Texas to HLS—big jump. He will be missed.


From Steve Bronis on Jay Hogan:

I was so saddened to learn of passing of Jay Hogan. Like Judge Bob Scola, I was honored to share office space with Jay for many years. He was a cherished mentor. He was a true gentleman and a masterful trial attorney. He had an uncanny ability to foster a great rapport with the jury. Jay was the most skillful cross-examiner I have ever known. I was privileged to be co-counsel with him on many cases including the famous Court Broom federal trial. Jay’s cross-examination of Ray Takiff in that case was absolutely stunning. It should be required reading for every trial attorney. He was one of a kind and will be greatly missed.


From Robert Kuntz on Jay Hogan:

I was a reporter then and covered Court Broom from voir dire to the verdict.

Jay Hogan was just amazing to me. Tall, long elegant hands, big-toothed smile -- and that unlit cigar that I don't think they'd let you walk around with in the courthouse these days. He was a consummate gentleman of the old school. He was totally at ease in the well of that imposing Central Courtroom and when he was up, every eye in the enormous place was on him. Judge Gonzalez didn't exactly defer to Hogan, but Hogan very certainly had the run of the place.

Ray Takiff, lead prosecution witness and literal bag man, had been all bombast and swagger (at least as much as he was capable of while claiming to be so debilitated with a heart condition that Judge Gonzalez reduced his testimony to half days). Hogan on cross was understated, leonine, and he stalked Takiff from the start. He built Takiff up, asking about some of his exploits. (Takiff told a story about walking through a police line of a surrounded house, saying he would speak with "his client," and get him to surrender. Takiff said he then got into the house, handed the barricaded STRANGER a business card and got the case on the spot. True? Who knew? But Takiff told it like it was.)

Then Hogan smoothly went in for the kill.

I won't recall verbatim after all these years, but there was a moment. Takiff had claimed that, if not for being barred from taking the case (since he was by then in the secret employ of the government), he'd have walked General Noriega, who had been tried in that same courtroom. Part of what Hogan asked went something like:

". . . and you'd have gotten him off?"
"Yes."
"You'd would have WON that trial?"
"Yes."
"There wasn't anyone better than you?"
"No one."
"You would have saved the guy?"
"I would have."
"It would have been the case of a lifetime, right?"
[Starting to break] "Yes."
"But instead, all you are now is a rat?"
[In tears] "Yes. I'm a rat."
"You're not a lawyer anymore, you're just a rat?"
[More tears] "Yes. Yes. I'm a rat"

Anyway, that's how I remember it more than 20 years later. But I'll bet, if you pull up the transcript, it was even better than that.

From Judge Jonathan Goodman on Bill Richey:

This is the first comment I have ever posted on a blog, legal or otherwise. But Bill Richey's passing is an extraordinary event.

Bill hired me out of the U.S. Attorney's Office in 1988. I became partners with him, Kirk Munroe and Alan Fine less than a year later.

Bill taught me many things. Some of those things concerned the practice of law and being a trial lawyer.

On the law side, Bill was a master of strategy, planning and investigation. That man knew how to take a deposition, let me tell you.

But other things Bill passed on to me were about being a good person, how to deal with people, how to be a mensch and other life lessons.

I hope some of those lessons stuck, even a little.

Bill played a huge role in my life, and I will miss him dearly.

From Judge Milton Hirsch on Jay Hogan

Jay had a defendant in the famous "Court Broom" trial. Ed Carhart also had a defendant, and although "Court Broom" was tried in federal court, the case against Ed's client turned in substantial part on a question of Florida criminal procedure. Ed hired me to testify on that question as an expert, thus affording me a free front-row seat to one of the signature trials in modern Miami history.

So I testified. The government crossed. And then for no particular reason -- I honestly think it was to relieve the tedium of the moment -- Jay Hogan announced that he had a few questions for this witness.

I can, to this very day, reproduce from memory almost the entirety of his cross of me. (No, I'm not going to, but I can.) Ask me to recount a couple of highlights from my largely highlight-free career as a lawyer and a judge; at the top of the list you'll find, "I was cross examined by Jay Hogan."

I couldn't pick up my own bar tab for weeks. Every criminal lawyer in town was happy to buy my drinks just to hear me tell what it was like to be crossed by Hogan.

Judge Altonaga gives nod to IRS over Miccosukees

The Herald covers the big ruling here:

The Miccosukee Indians have lost a contentious tax case that experts say will strengthen federal government efforts to collect more than $1 billion in overdue personal income taxes.
U.S. District Judge Cecilia Altonaga found late Friday that a tribal member must pay $278,758 in taxes, interest and penalties to the Internal Revenue Service for failing to file a tax return in 2001. The judge concluded her family's gaming income — a distribution of casino profits — was not exempt from U.S. tax laws, a ruling likely to have ripple effects on many of the West Miami-Dade tribe’s 600 members.
Altonaga's decision, which will be formally filed as a judgment against the Miccosukees and tribe member Sally Jim later this week, provides the IRS with the legal power to compel other members — including Chairman Billy Cypress — to pay personal income taxes on casino gaming distributions dating back more than a decade.

In other news, The Florida Bar just approved the 5th annual anti-human trafficking conference by the Hispanic National Bar Association on Friday 9/16/16 at St. Thomas University School of Law, Moot Court from 8:30 a.m. to 1:00 p.m. for 5 CLE credits. Registration is free. Please RSVP to: mvargas@hinshawlaw.com.

The conference will cover trafficking in the Cambodia, a Congressional paper on trafficking in Latin America, religious organizations’ aid to the rescued, the correlation between environmental degradation and trafficking.