Judge Mehta goes after defense lawyers in Oath Keepers' trial for asking for an extra table

This Order isn't a good way to start trial... but the defense is right. Putting aside the normal advantages that the government gets -- sitting closer to the jury with plenty of space to spread out -- the defendants and their lawyers in a multi-defendant case should all have enough space to be in the well of the courtroom.

 

RIP Judge Marcia Cooke

Judge Cooke, 68, passed away today in Detroit surrounded by her family.  What a heartbreaking and huge loss. The first black woman federal judge in Florida, she took over Wilkie Ferguson's seat back in 2003.  She was confirmed 96-0.

I know how much we all loved her.  

She was such a nice person.

And a great judge.

Compassionate.

Fair.

Decent.

A huge heart.

Please share your Judge Cooke stories in the comments.  (Here is the Herald obit.)

She was the best.  I'll miss her very much.

The Jersey Boys

By Michael Caruso

Yesterday, a friend alerted me to this article by an enterprising young reporter covering a Senate Judiciary Committee hearing. Among the nominees, two were for the federal court of New Jersey – Michael Farbiarz and Robert Kirsch. Senator Cory Booker called the nominees from his home state of New Jersey the “great Jersey boys.” “In the judicial world, this is the Bruce Springsteen and Bon Jovi of the legal profession,” Booker said. I'm certain Senator Booker meant both as a compliment, but I'm wondering who is The Boss and who is the other guy.

In addition to the author, one of the nominees has strong ties to our district. Robert Kirsch has been a New Jersey Superior Court judge since 2010. But, at the beginning of his legal career, Judge Kirsch clerked for District Court Judge William J. Zloch here in Fort Lauderdale. I met Robert as a law student when I interviewed for a position with Judge Zloch. His nomination is an example of good things happening for good people.

Interestingly, his co-clerk and interviewer at the time—Jack Blakey—has been a district court judge in Chicago for the last eight years. And before Judge Blakey moved back to Chicago, he worked as an AUSA in our district.

Good luck to Judge Kirsch, and congratulations to Judge Zloch—quite a testament to your mentorship.

And thank you, Ms. Markus, for being our eyes and ears in the Senate!

Prosecutors pursuing Alec Baldwin for all the wrong reasons

 That's the title of my latest article, this one for the Albuquerque Journal.

Here's how it concludes:

While it is true that the rich and famous often enjoy some advantages in the criminal justice system (mostly resources), they face obstacles that are unique and challenging.

Baldwin’s case is a good example. No one really thinks that the stunt double would have been charged with manslaughter if he was in Baldwin’s shoes.

District Attorneys (unlike federal prosecutors) are elected. And perhaps the New Mexico DA believes the old motto that all press is good press, thinking that this prosecution will help her in the next election. She may also be banking on the fact that many jurors are predisposed against wealthy and powerful defendants.

She will put more resources into this case than any other in her office because she will want to win this case at all costs. And, unlike most defendants, Baldwin will be subjected to immense media scrutiny because of who he is. This is a recurrent problem faced by wealthy and well-known defendants, who often are prosecuted much more aggressively than regular people.

In the United States, we put more people in jail than any other country on Earth. Now, we are going to prosecute accidents? Nah, that’s not really what’s happening here. What’s happening is that the DA is going after the well-known Baldwin for all of the wrong reasons.

11th Circuit trying to kill substantive due process

Check out the en banc decision last week in Sosa v. Martin County, Florida, which held that there is no recourse for falsely arresting someone and illegally holding him for 3 days. The judges on this issue, unlike the last en banc, fall into party lines.  Chief Judge Pryor’s majority opinion is short and to the point and says the law is straightforward.  

Judge Newsom concurs and goes after substantive due process, saying it makes no sense and it’s time to end it.  Chief Judge Pryor and Judge Lagoa join.

Judge Jordan “reluctantly” concurred.  He is joined by Judges Wilson and Pryor.  He says it’s time for SCOTUS to take a qualified immunity case.

And Judge Rosenbaum wrote a 60 page dissent saying that there has to be a remedy for someone like Sosa who was illegally arrested and detained.  Of course she’s right — that’s why we have the law.  I hope the Supreme Court take this case.