Report from the Rivera Trial

By John R. Byrne

I couldn't stop by the King building to catch the action myself. But a few SDFLA blog "special correspondents" were on the scene and reported the following:

AUSA Harry Schimkat's direct examination of Secretary Rubio was well-done--"concise, direct, efficient, and organized." It also produced some moments of levity. Take the following:

Question:  "Sir, are you employed?" (Laughter)

Answer: “Yes, I actually have two jobs. Secretary of State of the United States of America and National Security Advisor for the President of the United States." (More laughter) 

Later, Secretary Rubio testified that he served as a U.S. Senator for Florida until he was confirmed by the Senate as Secretary of State “99-0.” That prompted this line from Judge Damian: “Better than me.” (Laughter again)

On cross, defense attorneys scored some points too. In response to questioning from David Markus, Rubio agreed that Esther Nuhfer, Rivera's co-defendant, was "trustworthy," "acted in good faith," was "generous as a person," and was "strongly opposed to socialism in Venezuela." And, more specific to the charges, Rubio agreed that Nuhfer never lobbied him for anything. Jay Weaver for the Herald covers it here.

Still a lot more to come in this case. But yesterday made some history. According to Newsweek, Secretary Rubio is the first sitting member of the president's Cabinet to testify in a criminal trial in 43 years. The last one? Labor Secretary Raymond Donovan, who testified at a mafia trial in 1983.

Secretary of State Testifies Today

By John R. Byrne

We have a Secretary of State testifying this morning. Marco Rubio will be at the King building to testify in the trial of David Rivera. Rivera is accused of unregistered lobbying for the Venezuelan government during the first Trump administration. David Markus and Ed Shohat for the defense. CBS covers it here. This has to be the first time a sitting Secretary of State has testified in a SDFLA trial, but maybe one of our SDFLA historians will say otherwise.

I hear space in Judge Damian's courtroom is at a premium, so good luck to those trying to get a seat. 

Miami's Women in Leadership

By Jordi C. Martínez-Cid

Miami is unique in that it is the only major U.S. city founded by a woman. Julia Tuttle, the Mother of Miami, would be proud to know that Miami is (probably) the only major U.S. city with a woman in nearly every leadership role. On Friday at Amal in Coconut Grove, the Cuban American Bar Association recognized those women, including Chief Judge Altonaga. The other honorees were: Ariana Fajardo Orshan, Chief Judge of the Eleventh Judicial Circuit (and former U.S. Attorney for our district); Daniella Levine Cava, Mayor of Miami-Dade County; Eileen Higgins, Mayor of Miami; Rosie Cordero-Stutz, Miami-Dade Sheriff; Katherine Fernandez Rundle, Miami-Dade State Attorney; and Alina Garcia, Miami-Dade Supervisor of Elections. Congratulations to all the honorees.

(Left to right: Haydee Sera, Chief Judge Altonaga, Amanda Fernandez)

Judge James W. Kehoe

 By John R. Byrne

Happy Friday, everybody. Today we remember Judge James Kehoe, who served on our court for nearly twenty years (from 1979 to 1998). Before his federal judicial service, Judge Kehoe had a long career on the state court bench. He served fourteen years as a state circuit court judge (1963-1977) and two years as a state appellate judge on the Third DCA (1977-1979). 

Then there was football. Judge Kehoe attended the University of Florida on a football scholarship and served as a college football referee during his years of judicial service. I'm thinking the penalty flags he threw may have carried a bit more heft than those thrown by his fellow crew members. 

At the time of his death, one of his law clerks recalled that, while on the state court bench, Judge Kehoe commented that he hoped to have earned the following inscription on his gravestone:  “Good Lawyer, Nice Guy.” By all accounts, he did. 

FBA write up below:

Judge Kehoe was nominated to the district court by President Carter; he served on the court from 1979 to 1998. He served as a sergeant in the U.S. Army Air Corps from 1943 to 1946. In Meek v. Martinez, 724 F. Supp. 888 (S.D. Fla. 1987), Judge Kehoe held that Florida’s intrastate funding formula for allocating Older Americans Act funds violated both the Act and Title VI of the Civil Rights Act by failing to adequately target services to low-income minority elderly and by producing a racially disparate impact, and accordingly enjoined further implementation of the formula until it was revised to comply with federal law.

Court Event for Women's History Month

 By John R. Byrne

Back in 1978, a county in Sonoma, California came up with the idea of a "Women's History Week." It caught on, eventually leading Congress to designate the month of March "Women's History Month" in 1987.

Now, just about forty years later (yes, 1987 was almost forty years ago), the SDFLA is holding its first Women's History Month event. It's a great lineup of speakers (see below). Date is March 31, 2026 at the Wilkie D. You can register to attend by emailing FLSD_Program@flsd.uscourts.gov. 

Also, good luck to the Hurricanes and Gators in the NCAA tournament, which tips off today. I see Duke winning it this year.

Happy Saint Patrick's Day!

By John R. Byrne

I’m a little late on this post, but I wanted to wish everyone a Happy St. Patrick’s Day. While it may be hard to play hooky on a Tuesday, I hope at least a few of you managed to sneak out for a pint—whether at Duffy’s (the real one on Red Road, not the chain), John Martin’s, or your Irish pub of choice.

The holiday also offers a good excuse to reflect on the contributions of Irish-American jurists to our legal tradition. One notable example is Supreme Court Justice Frank Murphy. Though perhaps not as widely remembered as some of his contemporaries, Murphy—himself the son of Irish immigrants—authored a dissent in Korematsu v. United States. In it, he condemned the internment of Japanese Americans:

“Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. It is unattractive in any setting but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States.”

Closer to home, it appears that the St. Patrick’s Day spirit made its way into one of our courthouses as well. The attached poster—apparently displayed today at the West Palm Beach courthouse—highlights several Irish-American members of our bench, including Judge Williams, Magistrate Judge McCabe (twice, no less), Magistrate Judge Matthewman, Magistrate Judge Hunt, and retired Magistrate Judge O’Sullivan. That said, this list may not be exhaustive. I believe we're missing, at the very least, Judge Moore.

In any event, it is a reminder that even in the Southern District of Florida, a bit of Irish heritage—and perhaps a touch of Irish humor—can find its way into the law.

I start trial today...

 ... so I will be relying heavily on Mr. Byrne to pick up the blogging in my absence.  

Jury selection this week in this interesting FARA case in which Marco Rubio will be a witness.   

Ed Shohat, David Weinstein, and Buddy Bardenwerper represent Former Congressman David Rivera.

Margot Moss (who will opening for us next Monday) and I represent Esther Nuhfer.

The govt is represented by Harry Schimkat, Roger Cruz, and David Ryan. 

Event next month with Judge Singhal and Judge Artau

By John R. Byrne

Our federal judges who sit in Fort Lauderdale don't get down to Miami all that often. And the judges even farther north (West Palm Beach and Fort Pierce) generally get down even less. That's what makes an upcoming Federal Bar Association event a rare opportunity. On April 9, 2026, Judge Singhal, who sits in Fort Lauderdale, is interviewing our newest federal judge, Judge Artau, who sits in West Palm Beach. This will be at noon at the Coral Reef Yacht Club. 

Parking is easy and the food much better than the typical hotel ballroom fare. Registration link here. 

Magistrate Judge Opening in Fort Pierce

By John R. Byrne

Want to be a federal magistrate judge in Fort Pierce? The Court is accepting applications. You can apply here.

Ever wonder where Fort Pierce got its name? No? Well, I'll tell you anyway. It's named after an Army post which was built near the city in 1838 during the Second Seminole War. And that Army post, in turn, had been named after Benjamin Kendrick Pierce, a career United States Army officer and, notably, the brother of President Franklin Pierce.

Judge William Hoeveler

 By John R. Byrne

I never practiced before Judge Hoeveler but he's another judge whose name often comes up when I hear lawyers talk about great trial judges. His claim to judicial fame, of course, was presiding over the trial of General Manuel Noriega. And even Noriega was impressed. He told the judge, "The one shining light through this legal nightmare has been your honor. You have acted as honest and fair as anyone can hope for."

Some other quotes about the judge:

• Judge Eugene Spellman: “I call him the biblical judge. He has the wisdom of Solomon and the patience of Job.”

• Judge Fay (on Hoeveler as a trial lawyer): "Smart, witty, and extremely handsome, he was impossible to deal with in front of a jury. Always the courtly and courteous lawyer, he was adored by judges and jurors alike. Try making a living trying cases against a guy like that!”

• Attorney Aaron Podhurst: "He acted like Abe Lincoln. He never raised his voice, and he was a fabulous lawyer, and he was a great trial judge."

• The Miami Herald called him "The Court's Mister Clean" and The Miami News rated him the "The Best Judge in Town."

And then there's this story, recounted in this excellent FBA profile on the judge: 

"Before one of the many drug importation trials he presided over, a defense attorney told the judge that the defendant was still in a jail uniform and needed a few minutes to change. The judge stood up, took off his sweater and handed it to the attorney, saying 'Make sure he’s seated when the jury comes in, and he’ll look fine in this. I hope he likes blue.'" 

So, yes, Judge Hoeveler was the kind of man who'd give you the shirt off his back.

FBA write-up below:

Judge William Hoeveler was nominated by President Carter to the district court, where he served from 1977 to 2017. Hoeveler enlisted in the U.S. Marine Corps during World War II and served a tour of duty in the Pacific as a lieutenant from 1942 to 1946. Judge Hoeveler presided over several notable matters, including the Elian Gonzalez proceedings and the 1991 trial of former Panamanian dictator Manuel Noriega, who was convicted on multiple counts of drug trafficking, racketeering, and money laundering. United States v. Noriega, 746 F. Supp. 1506 (S.D. Fla. 1990), aff'd, 117 F.3d 1206 (11th Cir. 1997). 

Trial starts today in the case involving the murder of Haitian President Jovenel Moïse

Jury selection starts with Judge Becerra this morning.  The AP covers it here:

Arcangel Pretel Ortiz, Antonio Intriago, Walter Veintemilla and James Solages are charged with conspiring in South Florida to kidnap or kill Haiti’s former leader, plus related charges. They face possible life sentences. They all pleaded not guilty.

Christian Sanon was set to go on trial, but his attorney confirmed Monday that Sanon’s case was severed from the others because of medical reasons. A separate trial for Sanon will be scheduled for a later date.

The trial against all five defendants was previously set for last year, but U.S. District Judge Jacqueline Becerra in Miami agreed to delay the case because of discovery challenges and the large volume of evidence.

Five others have already pleaded guilty in the conspiracy and are serving life sentences. A sixth person, who officials believe didn’t know about the assassination plot, was sentenced to nine years behind bars after pleading guilty to providing body armor to the conspirators.

Lindsey Halligan is NOT under investigation by the Florida Bar!

 That's what the Florida Bar is saying after first saying she was under investigation.  How odd.

Here's Bloomberg discussing the about-face:

The Florida Bar said it mistakenly wrote in a letter last month that it was investigating former Virginia US Attorney Lindsey Halligan.

The reversal Friday comes a day after the ethics nonprofit Campaign for Accountability announced having received a Feb. 4 letter from the state’s attorney disciplinary authority confirming an “investigation pending” in response to its complaint about Halligan.

“The Florida Bar wrote a letter to the complainant erroneously stating that there is a pending Bar investigation of member Lindsey Halligan. There is no such pending Bar investigation of Lindsey Halligan,” said spokesperson Jennifer Krell Davis. “The Florida Bar received a complaint against Lindsey Halligan and, consistent with standard practice, the Bar is monitoring the ongoing legal proceedings underlying the complaint.”

The Campaign for Accountability had sought a probe into Halligan’s potentially false statements while prosecuting former FBI Director James Comey and New York Attorney General Letitia James (D), as head of the Eastern District of Virginia’s US Attorney’s Office.

“CfA has not heard directly from the Florida Bar, but it’s hard to reconcile this latest statement with the bar counsel’s previous letter saying there is an investigation pending,” said the group’s Executive Director Michelle Kuppersmith, in a statement. “If there is no longer an investigation into Halligan, the question is why not, given that three judges indicated she engaged in conduct that appears to violate ethics rules.”

Congrats to Jordi Martinez-Cid on his CABA Presidency!

 By John R. Byrne

Congrats to blog contributor Jordi Martinez-Cid who is now president of the Cuban American Bar Association. The gala--considered one of the best annual "lawyer" parties in Miami--was this past Saturday at Jungle Island. Judge Becerra introduced the event, and Judge Moreno, whom Jordi clerked for, swore in the new board.

The event also made news based on comments made at the gala by Mike Hammer, currently the top US diplomat in Cuba. Hammer predicted that Cuba's dictatorship will end this year. Herald covers it here. 

Judge Sidney Aronovitz

 Guest Post By Cary Aronovitz 

Sidney Aronovitz – 1976-1997 – Southern District of Florida

It is an honor to write a post about my Grandfather, Sidney Aronovitz.  He was the descendent of Romanian Jews who fled persecution in Europe seeking life, liberty, and the pursuit of happiness.  A proud Conch—born and raised in Key West—he went to law school at the University of Florida before serving as a Captain in the United States army during World War II.  He married my Grandma Eleanor, raised three children Elaine, Tod, and Karen, and then worked in private practice and as a City of Miami Commissioner: always believing in the importance of public service.  He was then appointed in 1976 by President Gerald Ford as the first Jewish judge in the Southern District of Florida.  When my Dad, Tod Aronovitz, served as President of the Florida Bar in 2002 he wrote a page to honor our judges, focusing on Sidney Aronovitz and Bill Hoeveler.  That article—as true today as ever—summarizes it best:

Judges, all too often, are misunderstood. More times than not they toil in solitude, silently wrestle with difficult decisions, quietly seek truth and fairness in their courtrooms, and receive no fanfare.

In 1976, U.S. Senators Lawton Chiles and Robert Stone recommended Sidney Aronovitz to President Gerald Ford to become a United States District Court Judge for the Southern District of Florida. My father was a Key West native, a highly regarded local Miami general corporate practitioner, and an active community leader. It took President Ford two long years to make the appointment. My father made President Ford, the U.S. Senate, his family, and his community proud by his dedication to judging.

He was a compassionate man, a legal scholar, and was fair to everyone who entered his courtroom—attorney, litigant, witness, or a person being sentenced. He truly loved being a judge, including the challenges, the demands, and the results achieved in completing a task well. Most judges exhibit the same qualities and the same judicial goals.

During his 22 years on the bench, he brought home a stuffed briefcase six days a week and would labor over complex cases and difficult criminal sentencing issues. He would only speak of the outstanding, well-prepared, articulate attorneys who came before him. The poorly prepared lawyers were never the subject of his conversations. His pride in his judicial colleagues was noteworthy. I see in the eyes of Florida’s judges the same pride.

Four-month multi-defendant criminal trials with a sequestered jury were grueling, especially when a literal mountain of heavily footnoted briefs from his other pending cases awaited his attention. Receiving U.S. Marshal Service protection 24 hours a day—and even moving from Miami to North Carolina once for safety reasons—was a part of his job.

I asked his dear friend and “bookend” on the Southern District bench, always-admired Senior U.S. District Court Judge William Hoeveler: “What does being a judge mean to you?” He responded, “I love the law and all of the collateral requirements that go with it. . . . Being a judge is hard work, long hours, and attention to the rights of the parties. It involves cases in which we have to make difficult decisions, often in situations where you find it difficult, but necessary, to rule. All in all, however, I go home satisfied with my effort to seek the truth.”

I then wanted to know of Judge Hoeveler: “What is the biggest misperception people have about being a judge?” He said, “The average citizen thinks that we get cases assigned and then we go off to try cases before a jury, and that is the end of it. The citizen who serves as a juror comes to realize what work there is in connection with the case.”

When my father was in failing health, I sat by his side while he was being admitted in a Miami hospital emergency room. Behind the admissions clerk we saw a news bulletin on CNN advising that Panamanian General Manuel Noriega was being transported to Miami to stand trial before Judge William Hoeveler. With difficulty breathing, he turned to me and said, “Bill will do a great job on that case.”

I knew my grandfather as Grandpa, not as a federal judge in the Southern District of Florida.  Still, his legacy continues with the lives of so many attorneys, judges, clerks, and litigants he shaped along the way.  Those judges and lawyers (including Judges Robert Mark and Federico Moreno) advocated and succeeded in renaming the Key West courthouse after Sidney Aronovitz.

FBA write-up below

****** 

Judge Sidney Aronovitz was nominated to the district court by President Ford and served from 1976 to 1997. A third-generation Key West native, Judge Aronovitz obtained both his undergraduate and law degrees from the University of Florida. He served as a captain in the U.S. Army during World War II, earning a Bronze Star for his service. 

A notable case of his was Polgreen v. Morris, 496 F. Supp. 1042 (S.D. Fla. 1982), In 1980, during the Mariel boatlift, plaintiffs—owners/captains of commercial fishing and shrimping vessels—transported Cuban refugees from Mariel Harbor to Key West. When they returned, federal authorities served them with notices of intention to fine under the immigration statutes and seized (constructively seized) their vessels, effectively grounding the boats unless substantial bonding/conditions were met.

Judge Aronovitz held that, even if the government could lawfully seize the vessels without a pre-seizure hearing, the Fifth Amendment required prompt post-seizure notice and a timely hearing at which the owners/operators could contest the propriety of the seizure, regardless of which statutory authority the government invoked. Because the government did not provide an adequate, prompt post-seizure forum, Judge Aronovitz issued a preliminary injunction allowing plaintiffs to resume lawful domestic fishing/shrimping use of their vessels (subject to bond/conditions). He wrote, in part:

"For what occurred, America is a greater nation. The manner in which the Cuban nationals were received, having been victimized by the Castro government, and being the pawns of the Cuban Freedom Flotilla, is stark evidence of that humanitarian quality which separates the United States of America from the chains imposed by those countries wherein freedom to pursue life, liberty and enjoy the fruits thereof is subjugated to the whim of the government."

RIP Frank Rubino

Frank Rubino passed away over the weekend. 

He was best known for his representation of Gen. Manuel Noriega.

 

But I also really like this story about his love of classic cars:

Now what for Tom Goldstein?

He's on house arrest.

And speaking of the house, he asked for a jury trial on the forfeiture of his house.  The jury returned a verdict for him, so at least his house is not immediately forfeited.

He's got sentencing and his appeal next.

Professor Todd Haugh discusses his prospects here:

Goldstein may have a few cards left to play. To be convicted of loan fraud, the government must prove proper venue, meaning that the criminal offense took place in the charging district. Under the US Court of Appeals for the Fourth Circuit’s recent decision in United States v. Mosby, mere “preparatory” acts to the underlying offense cannot provide a basis for venue.

The defense will argue that while prosecutors may have proven preparatory acts such as filling out loan applications took place Maryland, they didn’t prove from where he sent the documents. The Second and Eleventh Circuits would seem to agree, but language from the Tenth Circuit could create a split. That is the meatiest of a number of arguments, including over the admission of statements made in media interviews and the wording of jury instructions, that he will surely make on appeal.

Goldstein built a career managing legal risk at the highest level. Yet he’s never faced what’s happening now: being on the other side of a white-collar conviction. He undoubtedly will continue to push his chips forward.