Federal Bar Association lunch

Fun event today with Judges Gold and Jordan. (Yes, that's my terrible phone camera picture to the left.)

Some of the topics discussed:

Facebook, Blogs, and Roshambo.

And there was even a question about how Iqbal has been affecting the courts. Perhaps SFLawyer was in the audience...

I like Twizzlers

"When you have a Twizzler in your mouth, you can't have a serious conversation."

"The red-colored licorice are kinda sweet ... pleasant tasting. They put you in a good mood."

"There were two ways to eat the Twizzler: Sucking on the licorice, like a baby with a pacifier, or tearing it into small pieces and gobbling it down."

Those are quotes from federal district judge Kevin Castel on why he gave Twizzlers to the jury in the John Gotti Jr. trial. More from the article:

The Twizzlers were there to candy-coat the panel's jangled nerves.
"If you feel frustrated, you now have something to take that frustration out on," Castel said.
Juror No. 1 then carried the red-topped bucket of candy into the jury room.
A day earlier, Castel tried sweet-talking the jury - although he apparently decided that wasn't enough.
"I'm just asking you for help in being kind and considerate to all your fellow jurors," Castel told Juror 7 after her Monday spat with Juror 11.
It was the latest bit of juror animosity in the feds' fourth prosecution of the ex-Gambino family boss. With the racketeering trial in its seventh week, tensions are running high on the anonymous panel.
Earlier, the judge received a juror's letter complaining about Juror 7's abrasive conduct and her love of Gotti's lawyer, Charles Carnesi. The letter, signed "A Concerned Juror," described Juror 7 as antagonistic and foul-mouthed.
Castel is trying to keep the jury together as the trial heads into its final days. Closing arguments in the case could come as soon as Monday.
Personality clashes among jurors increase the possibility of yet another mistrial for Gotti.
If the panel benefits from the candy karma, they might hear from Gotti before the defense rests. Junior wants to testify, said Carnesi, but he doesn't want to answer questions from prosecutors about crimes involving other people.
Gotti "does not believe he should solve his problems by dumping them" on mob associates, Carnesi said.
The defense team will let Castel know by 5 p.m. today if Gotti is going to take the stand.
"Do I think there is any downside?" Carnesi asked. "No."
The second-generation gangster opted not to testify at his three previous racketeering trials. All ended in hung juries and mistrials.

Above The Law Sued by UM Law Professor Donald Jones

NLJ has the details:

It's the kind of story that tends to get big play on the legal blog Above the Law: A prominent University of Miami School of Law professor and civil rights advocate arrested on suspicion of soliciting an undercover officer for sex.
The blog had plenty of fun with the story in October 2007 with a series of posts about Donald Marvin Jones, whom it dubbed "The Nutty Professor."
The only problem was that it didn't happen that way, and the blog's coverage veered into racism, according to a lawsuit Jones has filed in federal court. He alleged that Above the Law portrayed him in a false light, invaded his privacy and infringed the university's copyright on his faculty photo. Jones seeks $22 million in damages.
An online article about the arrest by David Lat, Above the Law's managing editor, "instigated its readers not only to read the post but also to join in what was clearly a viciously racist series of rants" directed at the African-American professor, the suit claims.
Jones did not respond Monday to calls for comment on the lawsuit, which he filed pro se in the U.S. District Court for the Southern District of Florida on Oct. 27. The suit names Lat, Above the Law publisher David Minkin and parent company Dead Horse Media Inc., now called Breaking Media LLC, as defendants. Lat also declined comment on the suit.

Judge Cooke pulled the case. Here's the complaint.

Where in the world is Scott Rothstein

Thanks to a tipster, we have more evidence that bloggers are taking over the world. This time, they've tracked down Rothstein! No joke.

Key count kicked in case against former head of DEA

Magistrate Judge Robin Rosenbaum recommended (in a 43-page order*) that an obstruction count be dismissed against Tom Raffanello, the former DEA chief and then head of security for Allen Stanford. The Herald has the details here:

Two months after one of Miami's most celebrated drug cops was charged in the Allen Stanford financial scandal, a federal magistrate is recommending that one of the key charges be thrown out.
Judge Robin Rosenbaum said prosecutors failed to prove Tom Raffanello -- head of security for Stanford's worldwide enterprise -- interfered with a federal investigation by ordering the destruction of reams of company documents.
The former Drug Enforcement Administration chief, who left the agency to join Stanford's security force in 2004, was charged with ordering the shredding of records just days after federal agents shut down Stanford's empire in a massive fraud case in February.
Though prosecutors said Raffanello defied a court order by destroying the documents, Rosenbaum said the government failed to show he impeded the U.S. Securities and Exchange Commission's probe.
The magistrate fell short of rejecting the entire case, however, saying prosecutors were able to show the former drug cop destroyed records in the course of a federal investigation. Her recommendation will be taken up by presiding Judge William Zloch later this month.

You can always count on Sharpie for a good quote:

Raffanello's attorney, Richard Sharpstein, said he was pleased with Rosenbaum's recommendation.
``We hope Judge Zloch not only agrees with Judge Rosenbaum, but throws out the entire case,'' he said.
Lead prosecutor Paul Pelletier could not be reached on Monday. However, prosecutors have argued in prior hearings that Raffanello and co-defendant Bruce Perraud were aware of a judge's order to preserve all company documents when they called a shredding truck to the company's Fort Lauderdale security bunker on February 25.

UPDATED -- Here's the DBR article by John Pacenti.

*Even though it's not 90 pages, Judge Marcus would still be proud.