Latest SDFLA order

Here is the order referenced in the previous post.  The most important part:

All jury trials in the Southern District of Florida scheduled to begin on or after March 30, 2020, are continued until July 6, 2020. The Court may issue other Orders concerning future continuances as necessary and appropriate.

Same thing with grand juries. Prosecutors, how will you be bringing cases in the meantime? Through criminal complaints? And then preliminary hearings?

Here's a bit of good news... David Lat is home and better. He was on the Today Show:

@DavidLat did a great job on the @TODAYshow this morning. https://t.co/lSAFSOiPCt

— David Oscar Markus (@domarkus) April 6, 2020

And for another bit of zen, check this out:

john krasinski and emily blunt surprising a hamilton fan by having the entire original broadway cast join their zoom and sing for her is absolutely the best thing i have ever seen. pic.twitter.com/TLmCsbIk6n

— d (@melissafumeros) April 6, 2020

All jury trials and grand jury proceedings continued until July 6 (UPDATED WITH BARR MEMO)

The court issued another corona-order today, postponing all jury trials and grand jury proceedings until July 6.  The order is not up on the website yet, but I will link to it as soon as it is.

UPDATE Friday (4/3) evening — AG Bill Barr issued this memo, urging the release of at-risk prisoners to home confinement.  Serious question to the prosecutors who read the blog — why are so many prosecutors stridently opposing the requests?

Judge Milton Hirsch on "emergencies"

This order has it all: a Judge Edward Davis story, Shakespeare, and a dose of reality during the virus.

Not a real legal emergency ... by David Oscar Markus on Scribd

BOP to Phase 5 — full lockdown

Here’s the update from BOP:

Today, the Director of the Bureau of Prisons (BOP) ordered the implementation of Phase 5 of its COVID-19 Action Plan, effective tomorrow, April 1, 2020. In response to a growing number of quarantine and isolation cases in our facilities, the BOP will take the following actions immediately to further mitigate the exposure and spread of COVID-19. 

• For a 14-day period, inmates in every institution will be secured in their assigned cells/quarters to decrease the spread of the virus. This modification to our action plan is based on health concerns, not disruptive inmate behavior.

• During this time, to the extent practicable, inmates should still have access to programs and services that are offered under normal operating procedures, such as mental health treatment and education.

• In addition, the Bureau is coordinating with the United States Marshals Service (USMS) to significantly decrease incoming movement during this time.

• After 14 days, this decision will be reevaluated and a decision made as to whether or not to return to modified operations.

• Limited group gathering will be afforded to the extent practical to facilitate commissary, laundry, showers, telephone, and Trust Fund Limited Inmate Computer System (TRULINCS) access.

Starting in January 2020, the BOP implemented its Pandemic Influenza contingency plan, modified as an Action Plan for COVID-19. The BOP continues to revise and update its action plan in response to the fluid nature of the COVID-19 pandemic, and in response to the latest guidance from experts at the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC) and the Office of Personnel Management (OPM).

News & Notes

1.  Our District continues to shut down operations.  No more grand juries until April 27.  And, in general, no more in person hearings in criminal cases for 90 days. Video conferencing instead.  For pleas and sentencings, defendants can opt for continuances or video hearings.

2.   In California, Elizabeth Henriquez will proceed to her sentencing in the Varsity Blues case by video conference.

3. The 11th Circuit is in session this week, but it will be conducting oral argument by teleconference (not video). You can listen live here. I will be arguing on Friday. Should be interesting.

4. BOP suffered its first prisoner death over the weekend. Patrick Jones was 49 at FCI Oakdale in Louisiana. He had applied for a sentence reduction under the First Step Act but was denied. I wonder how prosecutors who are opposing these motions will feel when these people get sick and die in prison.

5. Okay, okay, enough with the bad news. Some good news! Former SDFLA AUSA Michael Sherwin, who has been working as Associate Deputy Attorney General on national security matters, has been named Principal Assistant U.S. Attorney in DC. It's a big deal. Congrats to one of the good guys!

Good news re David Lat!

He's off the ventilator, thank goodness!  And he's even posting on social media:

I don’t want to be presumptuous, since my condition is stable but still serious. I require 24/7 oxygen, I need a nurse’s help for even the simplest tasks, and I only just now progressed to solid foods. So I’m not out of the proverbial woods yet. A number of patients released from the hospital after seemingly successful fights with #Covid19 aka #coronavirus have been readmitted (and some of these patients have even died).
At the same time, I do have some good news to share (especially since a bunch of “fake news” websites in the Philippines have issued reports of my death - greatly exaggerated, I can assure you).
First, I was just transferred out of the ICU - to a floor that’s not nearly as nice, but the transfer bodes well because they save ICU beds for the sickest patients. Second, I’m doing worlds better than I was this time last time last week, when I was unconscious and intubated, having a machine breathe for me because I couldn’t do so myself.
I also don’t want to be ungrateful. And no matter how my story ends, I know that I will be forever thankful for all of the prayers and thoughts that you have sent me and my family over the past few weeks. I will also be eternally grateful to all the wonderful doctors, nurses, and other dedicated healthcare professionals who are on the front lines of our battle with #Covid19 aka #Coronavirus, here at NYU Langone Health and elsewhere.
As mentioned earlier, I’m not out of the woods yet. But I’m upbeat and optimistic, strengthened by all your thoughts, prayers, and wishes for a speedy recovery.
Much as my parents love looking after Harlan - grandparents are the babysitters who thank YOU at the end of the experience - I look forward to checking out of here before too long and being reunited with Harlan, Zach, my family, my-in-laws, and all of you, my dear friends and loved ones. Thank you once again for everything, and see you soon!
With Much Love,
David

What a great update. Here's to a speedy recovery!

“Before filing this response, though, defense counsel may want to brush up on the concepts or karma, goodwill, grace, compassion, equity, charity, flexibility, respect, spirituality, selflessness, kindness, public spirit, social conscience, and empathy.”

That was Magistrate Judge Goodman in an order where he rightfully could not understand a lawyer opposing a motion for extension of time and for a continuance.  The whole order is below.  Judge Goodman has issued a number of good orders this week, urging lawyers to be kind hearted during this time.  Unfortunately, for many lawyers, that’s simply not possible.

Even AG Bill Barr issued a memo today saying judges should release non-violent offenders from prisons and place them on home confinement.  Come on judges.  Let’s do this.  Let’s be leaders on this issue and release prisoners who are non-dangerous.

PAPERLESS ORDER re [47] MOTION for Extension of Time to Mediate MOTION for Extension of Time to Conduct Discovery re [46] Scheduling Order,, filed by …..

Given the global COVID-19 pandemic, it is hardly surprising that Plaintiff filed [ECF No. 47] a motion to extend the mediation and discovery deadlines and all related deadlines and to reschedule the special set trial date.

Plaintiff's motion represents that Defendant objected to the request. That's right. Defendant objected to what appears to be a realistic and common sense motion to reschedule the trial and other deadlines. I had to read the certification twice in order to make sure that I was reading it correctly. 

If the motion is correct, then Defendant wants to push forward with the existing trial date and all trial-related deadlines even though no one has any idea when the Court will be able to safely resume jury trials (or when it will be safe to travel by air, to return to work or to get closer than ten feet to anyone).

Rather than guess at defense counsel's motivation, the Undersigned requires defense counsel to by March 26, 2020 file a double-spaced memorandum explaining (1) whether he did, in fact, oppose the motion to reschedule the trial and enlarge trial-related deadlines and the mediation deadline, and (2) all the reasons justifying his opposition (assuming that he did actually advise Plaintiff's counsel that he opposes the motion).

If defense counsel opposed the motion, then he is best advised to provide a comprehensive and rational explanation. Before filing this response, though, defense counsel may want to brush up on the concepts or karma, goodwill, grace, compassion, equity, charity, flexibility, respect, spirituality, selflessness, kindness, public spirit, social conscience, and empathy.

No reply absent further Court Order. Signed by Magistrate Judge Jonathan Goodman on 3/25/2020. (J

Venezuelan President Nicolas Maduro indicted for narco-terrorism

Big news while DOJ has been pretty quiet during the virus.

There was a virtual press conference with Barr, U.S. Attorney Berman from SDNY, and our very own U.S. Attorney Ariana Fajardo Orshan.  She gave a nice shout out to Michael Nadler, Michael Berger, and Peter Forand.

From the Miami Herald:

In a stunning announcement amid the coronavirus pandemic, the Justice Department plans to announce Thursday that Venezuelan President Nicolás Maduro and other government officials have been charged with turning Venezuela into a narco-state by collaborating with a leftist Colombian guerrilla group that exported tons of cocaine to the United States.

An indictment, to be unveiled at a “virtual” news conference in Washington, D.C., accuses Maduro and other top officials in his socialist regime of conspiring with the U.S.-designated terrorist group known as the FARC so that Venezuela could be used for narcotics shipments to finance a long-running civil war against the Colombian government.

Charged along with Maduro are Diosdado Cabello, a former speaker of the National Assembly who is considered the second most powerful political figure in Venezuela, and Vladimir Padrino Lopez, the country’s minister of defense. All three Venezuelan officials face allegations of narco-terrorism, drug trafficking and weapons violations in a scheme initiated in the mid-2000s that was meant to help the Colombian rebel group while enriching themselves with cocaine-tainted bribes, according to federal authorities.