Magistrate Judge Selection Panel

There is a new Magistrate Judge Selection Panel, to make a recommendation as to reappointment of Magistrate Judge Jonathan Goodman and the upcoming vacancy due to the retirement of Magistrate Judge William Turnoff.  Here is the committee:

Chair: Thomas E. Scott, Jr., Esq.
Members: Jerry Blair (non-attorney)
Raoul Cantero, III, Esq.
Laura Maria González-Marqués, Esq.
Markenzy Lapointe, Esq.
Tiffani Lee, Esq.
Abigail Price-Williams, Esq.
Nikki Lewis Simon, Esq.
H. T. Smith, Esq.
Rodolfo Sorondo, Esq.
Ryan Stumphauzer, Esq.
Dr. Jose Szapocznik (non-attorney)

Two wonderful magistrates.  Judge Turnoff will be missed... more on that to follow.

Mary Barzee Flores is running for Congress

Mary Barzee Flores is running for Congress. Ileana's seat. Mary is a former federal defender and was nominated by Obama to be a federal district judge. But Marco Rubio blocked her by not signing the blue slip. So she is fighting back. From her email this morning:

After a few years serving clients in private practice, I again answered the call to public service when President Obama nominated me to serve as a Federal District Court Judge for the Southern District of Florida. Although I enjoyed strong support from Democrats and Republicans, Senator Marco Rubio blocked my nomination. He complained about my support of progressive organizations like the ACLU and EMILY’s List.
Marco Rubio disagrees with my political views. I disagree with his.
So I can understand why Marco Rubio would not want me on the federal bench. He won’t want me in Congress either.
Petty partisan politics prevented me -- like Judge Merrick Garland and so many other Obama federal court nominees -- from fulfilling President Obama's call to public service. But I’m persistent and I don’t give up easily. I remain committed to serving this community and this country.

News & Notes

1. Richard Strafer's memorial service will be held on August 6 at 10am at Kendall Mt. Nebo, 5900 SW 77th Avenue. Miami, FL 33143.

2. We filed an emergency petition in the Supreme Court for former Panamanian President Ricardo Martinelli. Jay Weaver covers it here:

Attorneys for former Panamanian President Ricardo Martinelli, who is being detained in Miami on an extradition request to his homeland, filed an emergency petition with the U.S. Supreme Court on Monday that asserts his constitutional rights have been violated because his bid for bond was denied.

Martinelli’s legal team argued that federal courts nationwide have “misconstrued” a 114-year-old Supreme Court decision “as having erected a heavy presumption against bail in such [extradition] cases.”

“The belief that [this decision] imposed an unlawful presumption has prevailed [in extradition cases] for so long that it is now binding across the country,” Miami attorneys David O. Markus and Ricardo Bascuas wrote in Martinelli’s emergency petition for a writ of habeas corpus. “Only this court can resolve the confusion at this point.”

Markus and Bascuas, who were added to Martinelli’s legal team led by attorney Marcos Jimenez, said the U.S. Supreme Court was the former president’s only recourse because bond denials cannot be appealed in extradition cases in the federal district or appeals courts.

3. David Lat is blogging about Katherine Magbanua's case. Magbanua is represented by Chris DeCoste and Tara Kawass. Full disclosure, we represent Charlie Adelson.

4.  SCOTUS protestors get a taste of jail.  Via WP:

Five protesters who disrupted a session of the U.S. Supreme Court by shouting disapproval of its rulings on campaign finance law were sentenced to one or two weekends in prison Monday after losing a bid to overturn a 1949 law restricting public protest at the court.

U.S. prosecutors had asked U.S. District Judge Christopher R. “Casey” Cooper in Washington to order 10-day jail sentences for the defendants, members of an organization called 99Rise. They had stood and spoken one-by-one just after the court was gaveled into session April 1, 2015, about a year after the justices had struck down overall limits on campaign contributions.

RIP Richard Strafer

RIP Richard Strafer.

What a tragedy. Richard was a friend. A really great guy. Brilliant lawyer. He could spot a great issue and crank out a 50-page perfect brief faster than anyone I knew. Here's the DBR obit:

Miami criminal appellate lawyer G. Richard Strafer died Friday after contracting a mystery infection on a European cruise and letting his colleagues know before going into a coma in Britain. He was 66.

Strafer was known for his compelling appellate writing, including a 2012 petition that persuaded the U.S. Supreme Court to hear arguments in the Kaley v. United States on the constitutionality of pretrial asset freezes. The court later found them legal.

Strafer had his own firm for many years and last summer became of counsel at Black, Srebnick, Kornspan & Stumpf.

"He is one of the finest legal writers in this country," Black Srebnick senior partner Roy Black said while Strafer was hospitalized. "He has a brilliant and incisive mind and understands and resolves thorny legal problems better than anyone I know."

Strafer fell ill last month after contracting an infection on a Viking Cruises trip during a vacation with his husband, Jon Rick. Strafer was quarantined in his cabin, given antibiotics by the ship's doctor and taken to a hospital after the cruise ended.

At the hospital outside London, Strafer suffered cardiac arrest. That night, colleagues said his medical records show the hospital staff removed him from oxygen for nearly 10 minutes, and he lapsed into a vegetative state shortly afterward around June 22.

About a week later, he was flown to Baptist Hospital in Miami, where he was visited by his husband, 26-year-old daughter Jordan, friends, colleagues and his two dogs. Strafer trained the dogs as therapy pets so they could cheer up hospital patients, particularly children. In his final days, the dogs were allowed to climb onto his hospital bed and snuggle in his arms.

Under conditions of his living will, Strafer was removed from life support Monday. The source of the infection has not been determined.

And here is the Herald obit:

Richard Strafer, a brilliant, behind-the-scenes appellate lawyer at the marquee criminal-defense firm in Miami, has been a fanatical runner and bicyclist for years. He competed in two World Championship Duathlons, finishing eighth in his age group in Spain in 2011 and 22nd in Hungary in 2007.

So when he set off on a leisurely European cruise in early June, his colleagues and friends thought it was a tad ironic.

Days after departing from Stockholm, Sweden, on a cruise to Norway, the 66-year-old Strafer caught a chest cold. It soon flared up to a 104-degree fever and pneumonia.

By mid-June, when the ship sailed into Greenwich, England, Strafer had already been under medical supervision for the latter half of the cruise. After being transferred to an English hospital, doctors gave him antibiotics for a worsening lung infection that they could not diagnose, but the medication proved ineffective. As his lungs deteriorated, Strafer went into cardiac arrest that cut off oxygen to his brain. Within a week, he slipped into a coma.

Strafer, considered to possess one of the sharpest legal minds in South Florida, never awoke from it. After being flown in a private air ambulance to Miami in early July, he was taken to Baptist Hospital, where a stream of family and friends visited his bedside. Baptist doctors concluded his coma was irreversible.

***

“Everyone is heartbroken,” said attorney Scott Kornspan, managing partner of Black, Srebnick, Kornspan & Stumpf, where Strafer worked for more than 15 years. “How does this happen on a cruise line to a perfectly healthy man? We're all in shock and dumbfounded about what happened.”

Kornspan said he communicated with Strafer on June 17 just after he was transferred from the Viking Cruises ship to the English hospital. Strafer expressed alarm over his prognosis after doctors immediately told him in the hospital’s ICU that if he had arrived three hours later he would have died. They also told him that because of the seriousness of his condition, he should contact next of kin and a spiritual adviser.

#SeersuckerDay at the USSC meeting

#SeersuckerDay at the USSC meeting in DC. That's Judge Bill Pryor and Judge Charles Breyer.

Judges Pryor and Breyer start new USSC tradition! #SeersuckerDay pic.twitter.com/GY2Xte4TzS

— SentencingCommission (@TheUSSCgov) July 19, 2017

Judge Rosenbaum starts her opinion with a GoT quote

Judge Rosenbaum starts her opinion with a Game of Thrones quote.  And it's Tyrion Lannister, Hand of Daenerys Targaryen.  Looks like she was watching the premier with the rest of us on Sunday night.  Here's the intro:

“A wise man once said a true history of the world is a history of great conversations in elegant rooms.”1 Whether or not that may be accurate, a true history of the United States would be incomplete without a history of great political conversations, wherever they might have occurred. And great political conversations could not exist in the absence of the First Amendment. So the First Amendment generally prohibits government retaliation against a person for exercising his rights to free speech and association, including supporting the political party and candidates of his choice.

1. Tyrion Lannister, speaking of himself. “Oathbreaker,” Game of Thrones (2016), as quoted by http://m.imdb.com/title/tt4131606/quotes?item=qt2914807 (last visited June 20, 2017).

Judge Jordan concurs.  Instead of recent pop culture, he cites Shakespeare:

If a jury were to find that Chief Gomez did not have the City Manager’s blessing, then maybe everything that took place after the delivery of the letter to Mr. Rodriguez was just “sound and fury, [s]ignifying nothing.” William Shakespeare, The Tragedy of McBeth, Act V, scene 5 (1606).

SDFLA Summer

1. The SDFLA is pretty quiet right now.  There's a 4-5 trial nearing its end in front of Judge Gayles for the interns who want to see some good lawyering.  

2. Former SDFLA AUSA Michael Brown has been nominated to the district bench in the NDFLA.  Brown is a good guy, who currently works at Alston & Bird:

It's been a good month for Alston & Bird partner Michael L. Brown.
President Donald Trump nominated Brown July 13 to fill a long-vacant post on the federal court bench in the Northern District of Georgia. Brown's nomination came only 23 days after he and his New York law partner secured the acquittal of a bond trader in a federal trial in Connecticut closely watched by Wall Street.
Brown—a former federal prosecutor and co-leader of Alston's government and internal investigations practice—teamed up with Alston New York partner Brett Jaffe in a successful defense of Tyler Peters, a former vice president at international broker-dealer Nomura Securities International Co.
The jury convicted only one of Peters' co-defendants in the securities fraud conspiracy and gave Brown's client a clean sweep after the Alston team presented Peters as a junior trader who was simply doing what he had been trained by his supervisor to do and who did not know that the misstatements the traders made when making securities sales were illegal.
The court record included scrappy—and lengthy—letters Brown wrote to the judge on the defense team's behalf flatly accusing federal prosecutors of misconduct. The at times pugnacious letters were indicative of Brown's style. He is not afraid of a legal brawl.
"Mike is a great lawyer," said Atlanta attorney Page Pate, who has known Brown since the two were first-year law students at the University of Georgia. "If he is representing the government, he's going to be a hard-ass for the government. If he's representing a client, he's going to fight like hell for his client. He is one of a select group of people who can literally go either way."

3. This is a pretty funny tweet for you GoT fans:

The R+L=J Theory is SO last season... #GameOfThrones  #GoTS7 pic.twitter.com/t3dkAeo5h3

— DavidCaspi (@DavidCaspi) July 17, 2017

Judge Milton Hirsch's Constitutional Calendar

If you haven't subscribed to Judge Milton Hirsch's Constitutional Calendar, you should. To subscribe, send an email to is Milton-Hirsch-constitutionl-calendar+subscribe@googlegroups.com.

[UPDATE -- I had the unsubscribe email up earlier. Sorry about that, but it is fixed now.]

Here is today's entry:

On July 18, 1949, Jackie Robinson, the first African-American to play major league baseball in the modern era, appeared before the House Un-American Activities Committee. Robinson was not suspected of being a communist or “fellow traveler.” But communists at home and abroad were in the habit of making much of the hypocrisy of an America that preached democracy and equality, but practiced Jim Crow. HUAC wanted assurances that the American black community was not tempted by communist blandishments.

Robinson began his testimony with a brief statement. (This was a good sign. Many witnesses were denied the privilege of making any statement before answering questions.) It included the following:

"I have had a great many messages come to me, by wire, phone and letter, urging me not to show up at this hearing. And I ought to make it plain that not all of this urging came from Communist sympathizers. Of course most of it did. But some came from people for whom I have a lot of respect and who are just as opposed to Communist methods as I am.

"And so it isn’t pleasant for me to find myself in the middle of a public argument that has nothing to do with the standing of the Brooklyn Dodgers in the pennant race – or even the pay raise I am going to ask Mr. Branch Rickey for next year!

"So you’ll naturally ask, why did I stick my neck out by agreeing to be present and why did I stand by my agreement in spite of the advice to the contrary."

Robinson went on to assure the committee members that the African-American community would not be seduced by the communist sales-pitch. Apparently the committee was satisfied. Robinson never heard from them again.