Yeah but can they figure out a lunch spot?

 

Here's the full order.

Guest Post -- Bill Barr’s DOJ Predictions

Bill Barr’s DOJ Predictions, by an Attendee of a conference called Government Investigations and Civil Litigation Institute who asked to remain anonymous

Matt Gaetz is out for AG… but Kash Patel is in for the FBI.  What a whirlwind the past month has been.  One thing is for certain – DOJ is in for an interesting ride over the next four years.  William Barr, former AG under Presidents George H.W. Bush and Donald Trump, certainly has a lot of insights about what DOJ may soon endure.  He was the keynote “fireside” speaker at the Government Investigations & Civil Litigation Institute’s recent 10th annual meeting.  Despite current and former prosecutors comprising most of the audience, former AG Barr began his remarks by acknowledging that the “Deep State is real,” and that the DOJ has been “weaponized” by those who profess to “protect democracy” but are doing the opposite.  When did DOJ become infiltrated with the Deep State?  Sometime during his first and second stints as AG (late 1990’s to 2016-ish), when he personally saw a swing in the “politicization” within the rank-and-file. Citing the “bogus” and “fake” prosecutions of Michael Cohen and Gen. Flynn, former AG Barr was clear that “some offices,” such as the SDNY, have more “Deep State” employees than others, who needed to be weeded out to “restore the Department”.  Ironically, former AG Barr did not mention the political investigations and prosecutions of DOJ during decades prior; for example, the 1960s, when covert FBI operations and programs were aimed at discrediting and targeting prominent civil rights activists.  Nor did he mention Trump’s proposed pardoning of hundreds of January 6th rioters, which would seemingly contradict restoring justice and removing politics from the Department.  Towards the end of his remarks, former AG Barr offered some predictions, which did not seem to assuage the crowd: (1) greater controls and supervision over line AUSAs and more adherence to supervision/hierarchy; (2) elimination of DOJ programs that encourage “reverse discrimination”; (3) prohibiting DOJ’s Civil Rights Division from “allowing educators to indoctrinate kids in public schools with views diametrically opposed to popular views” and not allowing the FBI to “police our PTAs”; (4) getting aggressive on the cartels and at the US-Mexican border; and (5) strengthening joint task forces to reduce violence in America.  Former AG Barr also had choice remarks for “Big Law”: strip out the “wokeness”.  He made it clear that he formed his own law firm after Kirkland walked away from Second Amendment cases and “pushed” Clement out… a move, he viewed, dictated by “left woke” associates.

Biden was right to pardon his son and he should do a lot more before it’s too late.

 That's the title of my latest piece in The Hill.  I put together some of my prior thoughts from blog posts and tweets into a short opinion piece.  Let me know your thoughts. Here how it starts off:

A member of the President’s family was convicted of tax crimes and making false statements.  Many believe the prosecution was unjust.  And then came the pardon.  And the criticism.

No, not Hunter Biden.  In 2020, President Trump pardoned Charles Kushner, Jared Kushner’s father (Jared is married to Trump’s daughter, Ivanka).  It was not just Kushner.  Trump pardoned Steve Bannon, Paul Manafort, Roger Stone, and other allies.   Before that, Jimmy Carter pardoned his brother Billy.  Bill Clinton pardoned his half-brother Roger.  Even Abraham Lincoln pardoned a family member.

Now enter President Biden.  He pardoned his son Hunter yesterday for tax crimes and making false statements.  The criticism from both sides of the aisle was fast and furious.  

But Biden was right to pardon his son.  For starters, any parent would do the same thing.  There can be lots of debate about whether Biden should have made promises about pardons (he should not have) or whether Hunter would have been prosecuted if his last name was not Biden (he would not have).  And so on. But there should be no debate that a father should forgive his kid, whether he’s President or not. 

Kash Patel to head the FBI

 Kash Patel, the former Miami AFPD, will be nominated to lead the FBI under President Trump.  Here's the CNN article:

President-elect Donald Trump plans to nominate firebrand loyalist Kash Patel to serve as FBI director, an extraordinary move that would put a self-described enemy of the so-called “deep state” as the head of the nation’s top law enforcement agency — a role that would give Patel power to carry out Trump’s threats to go after his political opponents.

Trump’s interest in Patel speaks to his urge to fill top law enforcement and intelligence positions with supporters who may be open to carrying out his demands for specific investigations as well as inoculating the president against possible future probes.

“I am proud to announce that Kashyap ‘Kash’ Patel will serve as the next Director of the Federal Bureau of Investigation. Kash is a brilliant lawyer, investigator, and ‘America First’ fighter who has spent his career exposing corruption, defending Justice, and protecting the American People,” Trump posted on Truth Social on Saturday evening.

Even among Trump loyalists, Patel is widely viewed as a controversial figure and relentless self-promoter whose value to the president-elect largely derives from a shared disdain for established power in Washington. Putting him in charge of the FBI would require forcing out current director Christopher Wray, who was appointed by Trump, before his term expires – prompting bipartisan criticism.

Former Trump national security adviser John Bolton compared Patel to Soviet leader Joseph Stalin’s leader of secret police, the NKVD, telling CNN: “The Senate should reject this nomination 100-0.”

White House national security adviser Jake Sullivan cautioned Sunday that the FBI director should not be subject to the “whims” of politics, but declined to weigh in directly on Patel.

“What makes the FBI director different from most other nominees is they’re not just appointed for one term of a president, they’re appointed for enough time to last past two terms of a president, because they’re supposed to be insulated from politics,” Sullivan told CNN’s Kasie Hunt on “State of the Union.”

Incoming Senate Judiciary Chairman Chuck Grassley heavily criticized Wray, the current FBI director, saying in a social media post that he “failed” during his tenure. But Grassley added that Kash Patel “must prove to Congress” that he will do better than Wray.The Patel pick almost certainly sets up another potentially explosive confirmation battle in the Senate, where members are already bracing for how they’ll navigate a slew of unorthodox Trump picks. One of those picks, fellow Trump loyalist and Justice Department critic Matt Gaetz, dropped out of the fight to become attorney general as it became clear the former Florida congressman would not have the GOP support necessary for confirmation.

It’s unclear whether Patel could face a similar uphill battle through the confirmation process.

RIP Luis the interpreter and updated information for Troy Walker

Luis, SDFLA's first official Spanish translator, has passed away.  He was a total character.  Would tell witnesses and defendants when they were BS'ing.  Would tell lawyers when they were doing well and when they were messing up.  Was a jury consultant to the lawyers and judge when he was in court.  A character.  RIP Luis.

For those interested in attending services for Troy Walker, here is the information, I received: A memorial service for retired CRD Troy Walker will be held on Saturday, December 7th at 11:00 a.m. 

 Michael Williams Funeral Services 

 4529 Hollywood Blvd Hollywood, FL. 33021 

 954-362-4330 www.mwfuneralservices.com

Jack Smith moves to dismiss Trump document appeal in the 11th Circuit...

 ... but ONLY against Trump, and not co-defendants Walt Nauta and Carlos De Oliveira.

It's unclear who will handle the appeal for the United States after Jack Smith and his team are no longer involved.

And it's not altogether clear why Smith isn't moving to dismiss the entire case.

Certainly Trump's DOJ will not pursue this matter once they are in office.

It will be interesting to see how the defendants' lawyers handle it over the next few months and what the 11th Circuit will order.

 

A debate that matters

 Rumpole has a pretty moving post about the Lady Jaguars here, about a group of girls sent from juvenile court to play basketball together.  

Here's another emotional story about a debate between D.C. jail inmates and JMU students about whether life without parole should be abolished:

Harold Cunningham was locked up more than three decades ago and told he would never see the outside of a prison after committing a string of armed robberies and murders.

On Friday, he stood in a courtroom again. But this wasn’t for a trial, or a sentencing, or a motion, or any of the countless reasons he had previously appeared in court.

Cunningham and a dozen other D.C. jail inmates had gathered to do something unusual: debate in a federal courtroom against four students from James Madison University.

Cunningham, who had returned to the correctional facility to await a posttrial motion, stood in a blue polo shirt and khaki pants and argued for the abolishment of life sentences without parole.

“You are looking at the representation of everything that this debate is about,” Cunningham said as people in the overflowing courtroom cried. “All Americans should stand for rehabilitation, not retribution.”

Read the whole article to see who won!

RIP Troy Walker

A sad one... Troy was a great guy.  A long-time CRD and clerk.  Always someone who would help and make you feel good about how an argument just went, even if you got beat up by the judge.  I was a young PD when I first met Troy... and he was always willing to point me (and everyone else) in the right direction.  

Here's the email that Clerk Angela Noble sent to the Court family:

It is with great sadness that I announce the passing of retired CRD Troy Walker.  After serving the U.S. Attorney’s Office, Troy joined the Clerk’s Office as Records Supervisor in 1983.  Over the years Troy served many departments, including Procurement and Docketing, before transitioning to Courtroom Deputy.  Troy was assigned as CRD to Judge Atkins (1987) and Judge Ferguson (1998).  He later returned to Miami and served as Relief CRD (2001-2004).  After a short time in the private sector, Troy returned to the Clerk’s Office, supporting Magistrate Judge White, as Pro Se Writ Clerk (2006).  Troy later transferred to Ft. Lauderdale to serve as CRD to Magistrate Judge Hunt (2017).  After a long and dedicated career, Troy reluctantly retired in October 2023.  Troy was a loyal friend and an incredible presence around the Courthouse.  He will be deeply missed.

He also worked for Judge Moreno, I believe.

RIP Troy.  You were a good dude.