Monday, June 12, 2023

Two orders issued in Trump's case

1. The first is by Magistrate Judge Goodman, who will be handling the initial appearance.  He denied a motion by a bunch of press organizations who wanted to take pictures insider or outside the courtroom.  Here's the order, written in Judge Goodman's style -- including this line: "I follow the 'stay in your lane' philosophy."  I understand why Judge Goodman denied the motion, but I wish the public had greater access to the courtroom.  In fact, I wrote this piece today saying we should have cameras in the courtroom.

2. The second is by Chief Judge Altonaga, who issued an order saying that journalists cannot bring their cell phones into the courthouse.  Wow, it's going to be a very long day for them inside waiting for the 3pm hearing.  I love the Chief, but I don't think this is right.  We rely on our cell phones. We need to be in touch with our families, our offices, and so on.  Journalists are people too!

All things Trump

 From the SDFLA clerk's office:

First Appearance in this case will be held at 3:00 p.m. on Tuesday, June 13, 2023, in Courtroom 13-3 of the Wilkie D. Ferguson Jr. United States Courthouse, 400 North Miami Avenue Miami FL 33128. Entry into the courtroom will be permitted on a first come, first served basis. Overflow viewing will be provided.


Southern District of Florida Local Rule 77.1 and Administrative Orders 2018-79 and 2019-87A limit the use of electronic devices in buildings housing federal courthouses. If authorized, news reporters are limited to use their electronic device inside the District’s courtrooms only in text function mode consistent with these Administrative Orders. News reporters are not authorized to record or transmit in any way audio, still photography, or video from anywhere inside courthouses nor from inside courtrooms, including any lobby areas, of any building housing a federal court, and agree to not transmit a live feed of any of the aforementioned at any time. Nor may reporters create a verbatim record of any proceeding. This applies to hearings held telephonically or using any video platform such as a live feed, Zoom or WebEx. A knowing or willful violation of the agreement will result in contempt of court.

District and Magistrate Judges retain the discretion to maintain order in their courtrooms should the entry and exit of news reporters become disruptive in a particular proceeding.


Court security will begin allowing members of the press and the public into the Wilkie D. Ferguson Courthouse at 8:30 a.m. Tuesday morning. All individuals planning to attend the initial appearance scheduled to take place in courtroom 13-3 at 3:00 p.m. will be directed to the central jury room on the 5th floor. Rows will be reserved for the public. There will be open seating for all media. The central jury room will serve as overflow space where the proceedings will be available for viewing.

The 13th floor will be sealed until the U.S. Marshals Service opens courtroom 13-3. Anyone attempting to access the 13th floor will be turned away. Seating for approximately 20 people will be reserved in the courtroom for media and members of the public. Once the U.S. Marshal advises that courtroom seating is available, press outlets will be selected to occupy those seats. Please be mindful that other Court proceedings may be taking place in the Ferguson Courthouse.

"We Need Cameras in Trump’s Courtroom"

This is the title of my latest piece.  Here's the intro:

Donald Trump is about to make his first appearance in federal court in Miami. It’s an historic case, and there is wall-to-wall coverage of it. And yet, the public will not see any of the proceedings from inside the courtroom; instead, we will have to rely on the few reporters who are able to get seats inside and a sketch artist, who may have all the talent in the world, but will not be able to do it the justice that a cellphone camera would.

We will not be able to see the former president’s expression when the charges are read. We won’t be able to hear him if he speaks. We won’t be able to view the judge when she releases Mr. Trump on bail. And that’s too bad. We have a right to see it all.

Forget about cameras, reporters won’t even be permitted in the courtroom with their phones, tablets or computers. That means no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable.

Sunday, June 11, 2023

Trump isn't the only one making news in South Florida

 Soon-to-be presidential hopeful and current Mayor Francis Suarez is under investigation.  From Jay Weaver:

The FBI and Securities and Exchange Commission have opened parallel investigations into developer Rishi Kapoor’s business dealings in South Florida, focusing separately on his hiring of Miami’s mayor as a consultant on local projects and his raising of funds from investors, the Miami Herald has learned. Sources familiar with both probes say the FBI’s criminal investigation centers on $10,000 monthly payments made to Mayor Francis Suarez from a subsidiary of Kapoor’s company, Location Ventures. Special agents with the FBI’s public corruption squad began questioning witnesses this week, according to sources, zeroing in on whether the payments constitute bribes in exchange for securing permits or other favors from the mayor for Location Ventures’ mixed-use project in Coconut Grove. Meanwhile, the SEC confirmed that it is also looking into Location Ventures in a response denying the Herald access to public records related to the agency’s inquiry. Sources say its investigators are digging deeper into whether Kapoor and his company were selling investment contracts without registering them as securities, misrepresenting potential profits to investors or misappropriating funds for personal expenses. The regulatory agency’s probe has been under way since early this year. The heightened federal interest in Kapoor’s business and his relationship with the mayor comes after the Miami Herald exposed Location Ventures’ consulting payments to Suarez and detailed internal corporate records that indicated the mayor and his office helped Kapoor overcome a significant permitting hurdle threatening his $70 million Coconut Grove development. The Miami-Dade Commission on Ethics and Public Trust and the State Attorney’s Office have also opened inquiries.

Friday, June 09, 2023

Trump indictment unsealed

 Here it is.

Judge Cannon assigned to Trump case, ABC reports

 Here's the article:

The summons sent to former President Donald Trump and his legal team late Thursday indicates that U.S. District Judge Aileen Cannon will be assigned to oversee his case, at least initially, according to sources briefed on the matter.

Cannon's apparent assignment would add yet another unprecedented wrinkle to a case involving the first federal charges against a former president: Trump appointed Cannon to the federal bench in 2019, meaning that, if Trump is ultimately convicted, she would be responsible for determining the sentence – which may include prison time – for the man who elevated her to the role.

A federal grand jury voted to indict Trump on at least seven federal charges late Thursday as part of an investigation into his handling of classified documents, sources familiar with the matter told ABC News. The indictment comes after more than 100 documents with classified markings were found at Trump's Mar-a-Lago resort in August 2022.

Thursday, June 08, 2023

Trump Indicted

By John R. Byrne

The shoe has officially dropped. CNN covers it here. Initial appearance will be next Tuesday. Going to be a busy courthouse. No word yet on judge assignment. 

Judge Raag Singhal shows us what real judging is like... issues sentence of time served.

 Check out the sentencing transcript below.  We need more judges like Judge Singhal, who recognizes that not every conviction requires jail or even probation:

It's the judgment the Court that on this particular

case Mr. Cherenfant not be placed in custody, be technically

sentenced to a sentence of time served.

With regard to probation, what I'll do just for record

purposes, I'm going to place him on one day probation with no

special conditions. And I'm going to automatically early

terminate it once I finish what I have to say.

So Mr. Cherenfant, the other people in this courtroom

have heard this before, but you come to me, and I'm in a

position where I've presided over just about 10,000 sentencing

hearings. That's a lot more sentencing hearings than most

people. Between being a lawyer and a judge, I've been in the

criminal court system every day since June 5th, 1990. So this

is actually my 33rd anniversary of being in a criminal court.

And you did something wrong, but I've never had a

defendant appear before me who has had such an exemplary past.

And one thing that criminal lawyers know is that you try to

take the full measure of a man when you sentence them, and you

don't judge them by their worst day. And frankly, that

argument's designed for people that have had a lot of bad days.

And so that's why they talk about the worst day. You don't

even have a lot of bad days. I mean, I'm stretching to find

another bad day. I don't think the traffic ticket's

necessarily a bad day. I mean, it caused you to make positive

changes in your life.

But, you know, you did a lot of things here to try to

help you. You worked with the government in the sense that

this case came before the Court via an information, not an

indictment, and you worked with your lawyer, and you admitted

your guilt. And I know that you and your children and your

wife will be very successful going forward. You just have to

keep doing the things that you've been doing. And, of course,

if you travel to Haiti again, you know what these requirements

are. And I do wish you the best of luck. 


Cherenfant Sentencing by David Oscar Markus on Scribd