BREAKING -- APPLICANTS FOR FEDERAL BENCH

Thanks to one of my favorite tipsters, I finally got the list of applicants for Judge Rosenbaum's seat.  Here you go:

Frederick Pfaeffle Arana
Ricardo J. Bascuas
Martin J. Bidwell
Beatrice A. Butchko
Peter Chavkin
Jeffrey J. Colbath
Theodore M. Cooperstein
Jack Schramm Cox
Mary Barzee Flores
David A. Haimes
Migna Sanchez-Llorens
Peter R. Lopez
Steven H. Meyer
Thomas Rebull
Lornette A. Reynolds
Meenu Sasser
Barry S. Seltzer
Michele Towbin Singer
Edward N. Stamm
John W. Thornton, Jr.
Daryl E. Trawick
Jack Tuter
Melissa Damian Visconti
Marina Garcia Wood

Will the 11th Circuit hear the cell-site case en banc?

The government has asked for rehearing en banc in Quartavious Davis' case, which held that acquiring historical cell-site data is a Fourth Amendment search.  The government frames the issue this way in its petition:

Whether the government’s acquisition of historical cell site records from a cellular telephone service provider pursuant to a court order authorized by the Stored Communications Act, 18 U.S.C. § 2703(c)(1)(B), (d), constitutes an unreasonable search or seizure in violation of the Fourth Amendment.

Orin Kerr thinks that the panel got it wrong and that the Court should take the case en banc.  I disagree with my old classmate.  It will be interesting to see what the Court does here.

Judge Gold taking inactive senior status

Judge Gold just announced that as of October he will be an inactive senior judge, take no more cases and close his chambers.  This is very sad as Judge Gold is one of the finest judges, not only in the District, but in the country.  I wish him well.


Meantime the District is busy as ever.  Our new Chief Judge, K. Michael Moore, tried 3 cases in a week.  Judge Altonaga just tried a case with two juries.  And Judge Scola interestingly had a trial with a deaf juror. 


Of course, the marathon trial involving former Mayor Pizzi is slogging forward.  The Herald has the update on that trial.  I wonder how much this trial -- about a supposed bribe of $6,000 -- is costing.  Anyway, here's the update:

Candia testified that he gave the $1,000 bribe to Pizzi in December 2012, arranged another $2,000 payoff at a Miami Lakes billiard club in Feburary 2013 and, after he flipped for the feds, gave the mayor a final $3,000 bribe in a storage closet at Medley Town Hall in July of last year.
Pizzi’s defense team claims the mayor never received the $1,000; accepted the $2,000 in a cigar bag but gave it away without realizing the money was stuffed inside; and took the $3,000 as a reimbursement for a personal expense on behalf of a Miami Lakes political action committee.
Pizzi’s defense strategy has been to raise critical doubts about his accepting the bribes in return for political favors. It has also aimed to discredit Candia and the lead FBI undercover agent. Both admitted on the witness stand that the mayor had not been involved in any actual corrupt activity before the undercover operation was launched against Pizzi and numerous other South Florida mayors and officials in 2011.
The sting operation originated when the FBI retained a Miami-Dade lobbyist, Michael Kesti — code name “Stingray” — as an informant. Kesti directed them to Candia, who was close to Pizzi and other small-town mayors.
Last week, Candia testified in detail about his role in the three alleged bribes. The lobbyist said that Pizzi, after getting “spooked” when the undercover agents described the federal grant program as a “money grab” in February 2012, agreed to reconnect with them after his re-election victory that November.
Candia, who had raised thousands of dollars for Pizzi’s campaign through the lobbyist’s own political action committee, testified that the mayor approached him about getting involved again in the grant program.
“Mr. Pizzi brought it up with me,” Candia testified.
That led to a dinner at Shula’s steakhouse on Dec. 13, 2012, where Candia, Kesti, the FBI informant, the undercover agents and Pizzi discussed the federal grant scheme. It was pitched as a no-cost way for municipalities to obtain government funds for a jobs study and economic development.At dinner, Pizzi told the lobbyist and the undercover agents posing as the Chicago businessmen that he wanted them to donate money to his upcoming Christmas toy drive that weekend. FBI recordings of the meal revealed that they did not take the mayor seriously.
Later that night at the nearby billiard club, Pizzi told Candia that he wanted $1,000. And the lobbyist relayed that message to the undercover agents.
Candia told them that Pizzi wanted the money to “buy toys for kids,” according to the undercover recordings.
Pizzi’s attorney, Shohat, confronted the lobbyist about his statement on the tape, saying it showed that the mayor did not want anything for himself.
Although Candia admitted saying that, he testified he meant it “sarcastically.”
The next day, Candia, still a target of the probe, met with the undercover agents at a Holiday Inn in Miami Lakes. They gave him 10 $100 bills in a white envelope to give to Pizzi, the lobbyist testified. He also said they gave him an endorsement letter for the federal grant application in Medley, so Pizzi could sign it.
According to the undercover recordings, Candia later spoke with the FBI informant, Kesti, who asked: “Was [Pizzi] happy with the, uh, the gift?”
Candia’s response: “Abso-, absolutely.”

Cloture invoked for Jill Pryor...

...but the Senate is now in recess till September.  So her final vote will happen then.

Jill Pryor a step closer to the 11th Circuit (Updated)

Senator Reid has called for a cloture vote on Jill Pryor's nomination. It will be up for a vote on Friday morning, which means barring some craziness, she should be our newest 11th Circuit judge by early next week.

She will fill Judge Birch's seat which has been vacant for 1436 days!

HT Glenn Sugameli

Update-- the actual confirmation may by happen till September because the Senate takes its summer break this Friday.