Judge Carnes quotes Macbeth in USA v. Davis

Hot off the presses, he starts the opinion this way:

The defendant himself described the events leading up to this appeal when he told the judge, “Sir, I don’t see how you’re going to go forward with this trial. It’s turmoil.” But there was more than just turmoil. With two troubled jurors wanting to be excused and no alternates to replace them, and with a problem defendant stirring the brew, there was “[d]ouble, double, toil and trouble.”* The pot began to simmer in jury selection and boiled over during the trial, after jeopardy had attached. The double trouble produced a mistrial over the defendant’s objection, raising the specter of double jeopardy.

* William Shakespeare, Macbeth, act 4, sc. 1.

The conclusion: "This case having strutted and fretted its hour upon the appellate stage, we conclude that the curtain should be dropped, at least on this Act of it."

"The legal system in this country, it’s not a joke. It’s not a toy for rich idiots to play with."

That's Bill Maher discussing the $5 million lawsuit filed by Donald Trump against him:



The letter from the Cooley lawyer is absurd.

In local news, Curt Anderson covers the Pakistani Taliban case:

Testifying via video from Pakistan, a man accused by the U.S. of conspiring with an elderly Miami-based Muslim cleric to funnel thousands of dollars to Taliban terrorists insisted Monday the money was for innocent purposes, including a potato chip factory run by the cleric's son-in-law.
Ali Rehman was the first of as many as 11 witnesses expected to testify from an Islamabad hotel in defense of 77-year-old Hafiz Khan, who faces four terrorism support and conspiracy counts. Rehman is named in the same indictment and refused to come to the U.S. Other witnesses were unable to get U.S. visas in time. Rehman said he handled three separate $10,000 transactions for Khan in 2008 and 2009. Most of the money, he testified, went to Anayat Ullah, who is married to Khan's daughter Husna and started the potato chip business with his father-in-law as an investor.
Rehman said he has known Ullah since they were children in Pakistan's Swat Valley and wanted to do him a favor. "That favor was that his father was sending him some money, and I used to deliver it to him or sent it to him," said Rehman. He spoke in Pashto that was translated into English for the 12-person jury watching him on flat-screen televisions.

Monday morning

Hope everyone had a nice weekend.  Not much doing in SDFLA. 

What's left of Judge Scola's Pakistani Taliban trial continues today with the defense case.  Curt Anderson is covering it here:

Defense witnesses are set to testify from Pakistan in the South Florida trial of a Muslim cleric charged with financially supporting the Pakistani Taliban.

The first of up to 11 witnesses will testify Monday from an Islamabad hotel. The testimony will be beamed to a Miami federal courtroom via video hookup. Defense lawyers will ask questions in Pakistan, with prosecutors doing cross-examination using the video feed.

 There were a bunch of press conferences last week in the District about a new IRS crackdown on identity theft and tax fraud.  Apparently we are #1 again in this sort of fraud with the highest number of complaints of any state and the highest number for any city.

Also last week, there were a number of really good CLEs.  There was the appellate seminar, which ended up with a party at Judge Barkett's house for all the attendees.  Very cool move by Judge Barkett. 

The DCBA had a huge corporate law seminar at the Coral Gables Country Club, which was well attended.  The guest speaker was Brad Meltzer, who was excellent. 

And FACDL, along with FIU, had Tom Mesereau speak as part of its fantastic trial lawyer seminar series.  All reports say Mesereau (who was Michael Jackson's lawyer) was dynamic.

  Out of District -- this week will be oral argument in the Barry Bonds case.  And the Ninth Circuit has agreed to cameras in the courtroom.  I don't think it will air live, but it's a start.

Read more here: http://www.miamiherald.com/2013/02/11/3227991/testimony-from-pakistan-in-fla.html#storylink=cpy

"Sonia Sotomayor No Longer Interested in Bringing Cameras Into the Supreme Court"

That's the headline from this NY Magazine article. Although Justice Sotomayor testified before Congress that she was in favor of cameras in the High Court, she has changed her mind. Her rationale:

"There's no other public official who is required by the nature of their work to completely explain to the public the basis of their decision," she said, when asked about the hotly debated issue by moderator Thane Rosenbaum.  

"Every Supreme Court decision is rendered with a majority opinion that goes carefully through the analysis of the case and why the end result was reached. Everyone fully explains their views. Looking at oral argument is not going to give you that explanation. Oral argument is the forum in which the judge plays devil's advocate with lawyers.” “I think the process could be more misleading than helpful,” she added. “It's like reading tea leaves. I think if people analyzed it, it is true that in almost every argument you can find a hint of what every judge would rule. But most justices are actually probing all the arguments."

That makes absolutely no sense to me. People may be misled by actually watching oral argument instead of hearing someone else describe it or reading the transcripts? Really?

Meantime, Justice Ginsburg gave a talk at Harvard, which was covered by the Harvard Gazette.

A snippet:

[Dean Martha] Minow inquired about collegiality on the court, which is often deeply split. Ginsburg responded that over the years her husband’s culinary skills have helped foster a friendly atmosphere. He baked birthday cakes for members of the court, she said, and catered their quarterly meetings.

Ginsburg told Harvard Law School Dean Martha Minow that she looks back on her Harvard years with fondness.

In addition, the justices like to hold regular soirees, said Ginsburg, where they forgo work and “just listen to beautiful music.”
But are there times, Minow pressed, when, despite their ritual handshakes before they take the bench, a little animosity breaks through?
Ginsburg said she may occasionally bristle at a “nasty dissent” penned by another justice, but “we are all in this together, and we do revere the institution for which we work.” Still, she said she hoped the court someday will return to the “spirit of bipartisanship which prevailed in the early ’90s.”

"We Found Love In a Hopeless Place"

Not sure Rihanna had this in mind when she wrote that song:

He was one of the most notorious criminals in New York’s recent history, whose execution-style murder of two undercover police officers led a jury to issue the first federal death sentence in the city in more than a half century. 

 Ronell Wilson, right, in 2003, after appearing in court to face charges in the shooting of two undercover police detectives. She was a lonely correction officer, assigned to guard the cell block at the Metropolitan Detention Center in Brooklyn, where he was being held. 

 Inside the federal jail, Ronell Wilson, the convicted killer, and Nancy Gonzalez, his nighttime guard, would talk for hours, according to other inmates. They would disappear together for minutes at a time, behind closed doors. Several times, they were seen kissing, confirming suspicions of an illicit romance. 

 Ms. Gonzalez later admitted that the two had sex repeatedly, with the goal of having a child together. She was aware, she said, of the many possible complications, from the prospect of facing jail herself to the difficulty of telling her child the truth about his father. She explained her motivations to another inmate: “Why not give him a child, as far as giving him some kind of hope?” 

 On Tuesday, Ms. Gonzalez, 29, displaying the full contours of a pregnancy now in its eighth month, was arraigned in federal court on charges of sexual abuse of a person in custody, because an inmate cannot legally consent to sex. The charge carries a maximum sentence of 15 years in prison. She stood before the judge in a black overcoat and sweat pants, softly answering procedural questions while dabbing her eyes with a tissue. 

The press surged around Ms. Gonzalez the instant she stepped out of the courthouse, and she put her head on the shoulder of her lawyer, Anthony L. Ricco. “She’s had a very tragic life and as this case proceeds, you’ll learn more about it and how these affected her judgment,” Mr. Ricco said. He added, “People find love in the strangest places.”