Trump Sues Clinton

By John R. Byrne

It's a long complaint and you can read it here.   In short, he alleges that, in the lead up to the 2016 election, Hillary Clinton, the DNC, and Congresswoman Debbie Wasserman Schultz, among others, conspired to craft the false narrative that he was colluding with Russia.  It's a nine count complaint that includes counts for RICO, RICO conspiracy, malicious prosecution, and theft of trade secrets.  Judge Middlebrooks drew the case.  Peter Ticktin of the Ticktin Law Group signed the complaint.  

Miami attorney Richard Rosenthal testifies for KBJ

Well done, Richard!

 

What is the GOP doing at the KBJ hearings? (UPDATED)

SAD!

Political theatre at its worst.... and nothing to do with judging or being a Justice.

These two -- Cruz and Jackson -- were on law review together at HLS.  One is blowing up pictures of books that KBJ has never discussed or written about.... literally nothing to do with her. But he wants to run for president. 

The other is trying to stay poker-faced and answer questions about her record.  She's doing a wonderful job and will be confirmed.  

UPDATE -- if the first day of questioning was disappointing for those of us who want a fair and objective Senate, the second day was a total embarrassment.  Cruz, Hawley, Cotton... wow. 

Judge Bloom Rules Against Cruise Lines Over Cuban Travel

 

By John R. Byrne

It looks like four major cruise lines will be paying for ferrying passengers to Cuba.  In a 169 page order, Judge Bloom ruled that the cruise lines--Carnival, Norwegian, Royal Caribbean, and MSC Cruises--engaged in "prohibited tourism" and "trafficking activities" in Cuba during the time cruising there was briefly sanctioned by the federal government.  The lawsuit was brought under the Helms-Burton Act.  The Herald covers the case here. 

SCOTUS Updates and RIP Louis Casuso

 1. KBJ starts her confirmation hearings this morning.  Right-wing attacks seem desperate and unhinged.  Here's Erwin Chemerinsky responding to some of the worst ones:

Lacking any grounds for opposition, Republicans are resorting to slime. Some are criticizing her because she worked as a public defender, including representing a Guantanamo detainee. But in our constitutional system, every criminal defendant is entitled to an attorney, and lawyers who perform this role are fulfilling the most noble goals of the legal profession. That Jackson will be the first public defender to be a Supreme Court justice should be celebrated, not attacked.

Missouri Sen. Josh Hawley is stooping even lower. He criticizes an article she wrote as a law student and has said that when she was a federal judge there were seven child pornography cases where she gave a sentence less than the Department of Justice recommended. But as the White House has pointed out, in five of those cases, Judge Jackson imposed the sentences that were the same as or greater than what the United States probation office recommended.

Hawley criticizes statements she made when she was a member of the United States Sentencing Commission but omits that the commission was bipartisan and voted unanimously to modify the recommended sentences for possession of child pornography, where there was no proof that the person was involved in producing or trafficking child pornography.

Kyle Martinsen, of the Republican National Committee, emailed reporters that Jackson has a “pattern of advocating for terrorists AND child predators. What other criminals is Ketanji Brown Jackson an advocate for?” Senate Minority Leader Mitch McConnell said, “Her supporters look at her résumé and deduce a special empathy for criminals.”

Have they no shame? Representing criminal defendants or Guantanamo detainees reflects a desire to uphold the Constitution, not “special empathy for criminals.” One cannot help but wonder whether Jackson being a Black woman is fueling this “soft on crime” attack.

2. Justice Thomas is sick in the hospital, but should be released soon.  From CNN:

 Supreme Court Justice Clarence Thomas was admitted to Sibley Memorial Hospital in Washington, DC, on Friday evening "after experiencing flu-like symptoms," the court's public information office said Sunday evening, but he does not have Covid-19.

"It is not COVID related. The Justice does not have COVID," a spokesperson for the Supreme Court said.

"He underwent tests, was diagnosed with an infection, and is being treated with intravenous antibiotics," the court's press release said.

"His symptoms are abating, he is resting comfortably, and he expects to be released from the hospital in a day or two. Justice Thomas will participate in the consideration and discussion of any cases for which he is not present on the basis of the briefs, transcripts, and audio of the oral arguments," it added.

 3. In non-SCOTUS news, RIP Louis Casuso -- a good guy, who always had a good story.  Rumpole and David Ovalle had nice obits about him.

St. Patrick's Day--a trial story

Sixteen years ago I was in a 10 defendant trial in Savannah.  Ten defendants in one courtroom with out of town lawyers... you can imagine the atmosphere.

The trial started on a Monday, and my daughter was born on a Friday.  Because the judge held court on most Saturdays, I only saw her once during the six week trial (and 9 days of deliberations).  But that's a story for a different day.  This one is about St. Patrick's Day, which was in the middle of trial and which is a BIG deal in Savannah.  Like the biggest holiday of the year there.  The whole city shuts down. There are parades and drinking and beads. Businesses are closed.  Banks and schools are closed.  It's a big party.

And it was a Friday that year, so all of Savannah was looking forward to having a little fun.

Except in our courtroom.  Our judge -- B. Avant Edenfield -- said business as usual.

Now for us, mostly lawyers from out of town, it was no big deal.  We wanted to get the trial over with.

But for the jurors and staff... well, they were PISSED to say the least.

To show solidarity with them, the men all bought green ties and wore them to court.  The women also had green scarves and such.

Court started at 8:30am every morning.  But on St. Patrick's Day, all of the streets were closed off.  So one juror was late.  He showed up sometime after 9:30.  The judge had us all in the courtroom waiting, including the other jurors.  That hour, sitting in silence, seemed like a century.

And when that one juror showed up, the judge brought him back into chambers and reamed him out for being late. He was screaming so loud that we all heard him in the courtroom.  We gave the jury empathetic looks.  And when the juror came back out, we all made eye contact with him as if to apologize for the jerk judge.

That juror ended up being our foreperson.  He acquitted a number of the defendants and hugged us after the trial.  I can't help but think that a small part of why he liked us was because he really didn't like the judge, who never ruled for the defense and always sided with the government.  

So, every St. Patrick's Day, I think of that trial in Savannah, and our crazy judge and the late juror -- and of course, my daughter who is wearing green today.

Magistrate Judge Lauren Louis detains Proud Boys Leader

 The Miami Herald covers it here:

Enrique Tarrio, the high-profile leader of the Proud Boys extremist group, appeared subdued in Miami federal court Tuesday as a magistrate judge ordered that he remains behind bars for release before his trial on charges of plotting the Jan. 6, 2021 attack on the U.S. Capitol building to stop Congress’ certification of the presidential election. Magistrate Judge Lauren Louis said evidence “that he’s a danger to the community is unrebutted,” rejecting a request by Tarrio’s defense attorney to release him on a $1.25 million bond secured by his family members in Miami. She did not rule on the Justice Department’s other basis for his detention, that Tarrio, a lifelong Miami resident, is a risk of flight. Tarrio, 38, who after his arrest last week remains in custody at the Miami Federal Detention Center, will now be transferred to Washington, D.C., to face an indictment accusing him and five other Proud Boy members of conspiring to obstruct an official proceeding and related charges including destroying government property.

JOHN GLEESON FOR THE HOLLOWAY PROJECT

 FOR THE DEFENSE SEASON 4, EPISODE 7
JOHN GLEESON FOR THE HOLLOWAY PROJECT

 

Season 4 of For the Defense continues today with former federal judge and former federal prosecutor John Gleeson (top picture), who is now a criminal defense lawyer.  Gleeson started the Holloway Project -- to help vacate unjust sentences imposed under the old mandatory-minimum regime. You can check it out on all podcast platforms (including Apple, Spotify and Google. All other platforms can be accessed on this website.) 

Francois Holloway family after hearing the news about his release.

We launched a few weeks ago with Bruce Rogow for 2 Live Crew and Luther Campbell and followed up with Mark Geragos for Susan McDougal, Juanita Brooks for John DeLorean, Gerry Goldstein for Richard Dexter (Deep Throat), Geoffrey Fieger for Dr. Jack Kevorikian and last week with Brian Heberlig for Ali Sadr. 

At the end of the season, I will post the Florida CLE code.   

Our last episode of the season will be Ed Shohat (Carlos Lehder), which will air in two weeks.
 

Please send me your feedback -- and of course, subscribe, like and comment!  If you or a friend would like to receive these updates, please have them sign up here.

Thank you! --David

 

Hosted by David Oscar Markus and produced by rakontur