News and Notes

1.  Former Carnes clerk, former AUSA and current Circuit Judge Robert Luck was named today to the 3rd DCA.  From the DBR:

In an earlier interview, Luck told the Daily Business Review that Carnes taught him "lawyers and judges, both orally and when we write, should speak in a way that the everyday person can understand."

During Luck's time at the U.S. Attorney's Office, he handled 19 jury trials — a rarity for a young lawyer. Luck secured a guilty plea in the largest student visa fraud to date. He also persuaded a court to impose a 20-year prison sentence on a doctor who ran a $50 million Medicare fraud scheme, and he got a guilty plea from a boat captain who tried to smuggle dozens of Dominicans into the U.S.
Luck became a circuit judge the first time he applied. In August's judicial election, he kept his seat in the circuit's criminal division by a margin of 53.5 percent to challenger Yolly Roberson's 46.5 percent.

2. Tonight is the big shindig for the Federal Bar Association at the Hyatt.  It's the "36th Annual Federal Judicial Reception" from 5:30-8:30.  Enjoy!

3.  And tomorrow is the DCBA's Bench and Bar conference. Lots of interesting panels.  They stuck mine during the lunch hour... I'll be moderating a panel at noon on "Trends in Criminal Law" with some great speakers including Judges Milton Hirsch and Nushin Sayfie, Federal Public Defender Michael Caruso, State Public Defender Carlos Martinez, State Attorney Kathy Fernandez Rundle, and U.S. Attorney Willy Ferrer.

“My life is over.”

That was Akin Gump lawyer and former prosecutor Jeffrey Wertkin after being arrested in disguise trying to sell a sealed complaint to an informer. Sad. From Bloomberg:

A Washington lawyer at a prominent firm was arrested in a disguise while trying to sell a copy of a secret lawsuit involving a company that was under investigation by the U.S. Justice Department.
Jeffrey Wertkin was picked up Jan. 31 in the lobby of a hotel in Cupertino, California, where he believed he was about to collect $310,000 for selling the lawsuit, according to the Federal Bureau of Investigation.
Wertkin, who worked in Washington for Akin Gump Strauss Hauer & Feld LLP, believed he would hand a copy of a complaint to an employee of the company, which was accused in the complaint by a whistle-blower of falsely billing the government. Wertkin, who was wearing a wig and using the name of Dan, was met instead by an FBI agent, according to arrest documents unsealed on Feb. 6.

Here's the criminal complaint, courtesy of Above the Law.

"Are you arguing then that the President's decision in that regard is unreviewable? A. Yes."

Alrighty then.  That was August Flentje, special counsel to the assistant attorney general at the Justice Department, answering questions during yesterday's oral argument, which was live-streamed (take note, 11th Circuit and Supreme Court!). Here's the argument.

Meantime, Trump was tweeting:

If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!

— Donald J. Trump (@realDonaldTrump) February 8, 2017

And Sen. Warren was being silenced:




Fun times!

The Falcons won the popular vote.

And other funny memes:

Lots of funny ones zooming around the internet. Meantime, Jason Pierre-Paul settled with ESPN in his suit about the disclosure of his medical records. The case was before Judge Cooke. From the AP:

 New York Giants defensive end Jason Pierre-Paul and ESPN have settled a lawsuit over the network's disclosure of his medical records from a 2015 fireworks accident.

ESPN announced the settlement on Friday, saying it believes that the network's reporting about the injury was newsworthy and journalistically appropriate.

Giants spokesman Pat Hanlon declined comment.

The network said despite their different points of view, the parties agreed to resolve their dispute amicably.

The case was set for trial in August after a Miami federal judge rejected ESPN's motion to dismiss the lawsuit.

Pierre-Paul was hospitalized in Miami after the July Fourth accident, which caused serious injuries to his right hand. The lawsuit claimed ESPN and a network reporter violated his privacy and Florida medical confidentiality laws by posting the records on social media.

Former U.S. Attorneys rise up! (UPDATED)

Well, well, well... what do we have here?  35 former prosecutors, including 3 former U.S. Attorneys from the S.D. Florida, have penned this open letter concerning Trump's executive order, which led to Sally Yates' firing.  The whole thing is worth a read, and it's interesting to look at all of the signatories, but here is the conclusion:

In short, the Executive Order is inimical to the values of the Justice Department and the United States, most significantly, that individuals may not be treated more harshly under the law solely on account of their religion. In our view that is exactly what the Executive Order does, and is intended to do. It would be our job, if we were representing the United States today, to say, no, this Executive Order is wrong and should not be defended.

UPDATE -- Jay Weaver from the Herald covers the letter here:

 Three dozen former federal prosecutors — many Democrats, but some Republicans — issued a statement Thursday denouncing President Donald Trump's executive order temporarily banning people from the predominantly Muslim countries of Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen from entering the United States.
“If we were called upon to defend the executive order, could we do it within the guidelines we learned and lived by as lawyers for the United States?” said the statement signed by 36 former federal prosecutors who worked in South Florida, including three U.S. attorneys in Miami. “We could not. ...
“It would be our job, if we were representing the United States today, to say, no, this executive order is wrong and should not be defended,” the statement reads.

Read more here: http://www.miamiherald.com/news/local/article130316814.html#storylink=cpy