Rothstein Rothstein Rothstein!

Everyone was a buzz yesterday over Scott Rothstein testifying before Judge Hurley in West Palm Beach.  Paula McMahon covered it well.  Here are some highlights:

• With a white goatee and closely cut hair that was grayer than the last time he was seen publicly some three-and-a-half years ago, Rothstein, 51, took the witness stand handcuffed and shackled, wearing a bright blue, collared T-shirt and jeans.
  Rothstein — who was subpoenaed by defense attorney Valentin Rodriguez Jr. to testify in the wire fraud trial of Christina Kitterman, a former attorney who worked at the Rothstein Rosenfeldt Adler law firm — appeared in court much earlier than expected because of security concerns.

• Additionally, Rothstein testified he had a sexual relationship with Kitterman.
  “We were two friends who fooled around from time to time, Rothstein testified, alleging Kitterman “pulled me into a bathroom stall to make out with me” at Runway 84 in Fort Lauderdale.
  “We were friends, there's no polite way to say this — we were friends with benefits,” he said. “I loved her and cared about her and I believe she loved and cared about me.”
  “I am NOT happy about being here,” Rothstein said, saying he wished he didn't have to testify about someone he cares about.
• “What ended up happening ... My ego and, at that particular time, my desire for power and money and some of my partners' desire for power and money” led to Rothstein starting his fraud to try to keep his failing law firm afloat, he testified.
  “We grew before we should have grown,” Rothstein told the jury. “I refused to fail and I let this Ponzi scheme explode.”
  “At that time, I had an ego that was out of control,” he continued.
  
• “My wife was indicted for things that she did and also things that I told her to do.”
  He said he told her, during a phone conversation after he briefly fled to Morocco in late 2009, to hide some expensive watches from the government.
  “At a later point in time, before the government took everything, I had had conversations with her [Kim] about making certain that we did not end up on the street ... I didn't tell her what to take, other than the watches.”
• Was Rothstein upset about the length of the sentence imposed by Cohn, Kitterman's lawyer Valentin Rodriguez Jr. asked.
  “That would be an understatement, yes sir,” Rothstein replied.
  Prosecutors filed a court document on June 8, 2011, saying Rothstein should qualify for a sentence reduction for his cooperation. The final decision would lie with Cohn.
  No further action has been taken on the request, Rothstein said, because his cooperation is not complete yet.
  
  
• A second hitch, he testified, is: “I understand there's been an issue pertaining to my failure to tell” the truth to federal authorities about the fact he knew and was involved in Kim Rothstein's efforts to criminally hide some of their assets.
  He still hopes he will get a sentence reduction because he hopes prosecutors and the judge will accept he only lied about hiding jewelry with his wife Kim and that it was a mistake he made under duress, he said.
  He said he hopes prosecutors and the judge will eventually grant him a sentence reduction and agree “that I don't deserve to die in prison for what I've done.”

President Obama officially nominates Beth Bloom and Darrin Gayles

Here's the press release:

“Throughout their careers, these distinguished men and women have demonstrated a steadfast commitment to public service,” said President Obama. “I am confident they will serve the American people with distinction from the District Court bench.”
Judge Beth Bloom:  Nominee for the United States District Court for the Southern District of Florida
Judge Beth Bloom has served as a Circuit Judge in the Eleventh Judicial Circuit of Florida since 2010.  From 1995 to 2010, she was a County Judge in the same Circuit and served as the Associate Administrative Judge of the Criminal Division in 2010.  From 1988 to 1995, Judge Bloom worked at Floyd Pearson Richman Greer Weil Brumbaugh & Russomanno, P.A., where she handled a broad range of civil litigation.  While in private practice, she also served as a Traffic Magistrate Judge from 1992 to 1993.  Judge Bloom received her J.D. cum laude in 1988 from the University of Miami School of Law, her B.S. in 1984 from the University of Florida, and her A.A. in 1982 from Broward Community College.
***
Judge Darrin P. Gayles:  Nominee for the United States District Court for the Southern District of Florida
Judge Darrin P. Gayles has served as a Circuit Judge in the Eleventh Judicial Circuit of Florida since 2011.  From 2004 to 2011, he was a County Judge in the same Circuit.  From 1999 to 2004, Judge Gayles served as an Assistant United States Attorney for the Southern District of Florida, and from 1997 to 1999, he served as an Assistant District Counsel at the United States Immigration and Naturalization Service.  Judge Gayles began his legal career as an Assistant State Attorney in the Miami-Dade State Attorney’s Office from 1993 to 1997.  Judge Gayles received his J.D. in 1993 from George Washington University Law School and his B.A. in 1990 from Howard University. 

Congrats!

Justice Alito speaks in WPB

Curt Anderson of the AP covered it here:

"It's fine if we are not all that popular," Alito told an audience of more than 1,100 lawyers and business people. "There is a reason why the Constitution gives federal judges life tenure. We are supposed to do our jobs without worrying whether our decisions are pleasing to anybody."

Alito spoke to a joint meeting of the Forum Club of the Palm Beaches and the Palm Beach County Bar Association, drawing the largest audience ever for such an event, organizers said. His staff did not permit the speech to be videotaped or audio recorded, and Alito noted that the justices remain somewhat behind the times in terms of using such common technologies as email.

The court also does not permit oral arguments to be televised. All the arguments are released on audio by the end of the week they occur, and on rare occasions, a recording is released the same day.

"We are an old-fashioned institution, and in my opinion that is a good thing. We are not exactly on the cutting edge of technology," Alito said.

Do the readers out there agree that it's a good thing not to be on the cutting edge of technology?

Here's a picture from a helpful reader:

In other news, Dean Alex Acosta (a former Alito clerk) has made the short list of 3 for the UF Dean slot.  Good luck Alex!

Wrong Rosenbaum

So, Judge Robin Rosenbaum's confirmation hearing for the 11th Circuit is coming up, and John Pacenti has a nice, informative piece covering it. But the DBR has posted a picture of Richard Rosenbaum (unrelated) with the article.

These things happen, and of course it isn't the reporter's fault, but Pacenti (a good reporter) must be apoplectic:

Update-- Judge Martinez has your quote of the day with his comment at the DBR:

JOSE_MARTINEZ@FLSD.USCOURTS.GOV
Feb 03, 2014
That is not a very good picture of Judge Rosenbaum. She is much more attractive and does not have a mustache.

Zzzzzzzzzzzzzzzzzzz

That's the headline from yesterday's Superbowl.  There were two highlights in my book.  This ad:



And Frank Caliendo's bit was also fantastic.

Better yet, Howard Stern's birthday bash was a blast.