Judiciary Committee votes 13-5 in favor of Roberts

Final vote: Yes - 13; No - 5

Yes: Specter (R), Hatch (R), Grassley (R), Kyl (R), DeWine (R), Sessions (R), Leahy (D), Kohl (D), Feingold (D), Graham (R), Cornyn (R), Brownback (R), and Coburn (R)

No: (All Democrats) Kennedy, Biden, Feinstein, Schumer, and Durbin.

Professor Ronald Dworkin begins a recent essay about the Committee's confirmation hearings as follows: "Almost every recorded political statement John Roberts has made throughout his life, from adolescence to his nomination as chief justice, suggests that he has strong conservative political convictions and instincts, and many people naturally fear that he will use his great power on the Supreme Court in the service of his politics. He promised that he would not, but the Senate Judiciary Committee should have been more effective than it was in testing that promise. In fact it failed dramatically in its responsibility to do so." Here is the entire essay.

Top Aristede drug cop passed DEA polygraph

As David noted earlier, the trial against Evintz Brillant, Aristede's top drug cop, begins this week. The Herald reports today that Brillant passed a DEA polygraph exam in August 2002. Apparently, the DEA asked Brillant if he ever received a gift or bribe from a drug trafficker; ever provided protection for a cocaine smuggler; or ever participated in any illegal drug activity outside the scope of his official duties. He answered no to all questions.

Now, the government does not want the jury to hear this evidence. Judge Cooke will decide by Friday.

The Herald quotes Brillant's attorney, Howard Schumacher, as saying that he only learned last week from prosecutors that his client had taken the polygraph. This case has been pending for months, why did the government only disclose this evidence on the eve of trial?

The Porn Wars

Come on! This is a joke, right? The feds aren't really placing a top priority on porn, are they? As one FBI agent put it, "I guess we've won the war on terror." Apparently so as AG Gonzales has made porn a #1 priority. I earlier posted about the interim US Attorney's porn wars here. I guess it's time to make the base happy...

Trials and Rita

Last time we underreacted. Now we may be overreacting... At least we can still blog from home...

A bunch of trials were delayed this week due to Rita. I was supposed to start trial on Wednesday; now I'll start on Thursday. In a more publicized case, The Herald reported that: "Jury selection is scheduled to begin later this week in the case against Evintz Brillant, the only one of four former senior Haitian police officials who has not pleaded guilty in the investigation of drug trafficking inside the Aristide government. . . . The trial's scheduled Monday start before U.S. District Judge Marcia Cooke was delayed a few days by the approach of Tropical Storm Rita."

Good luck with the storm today everyone.

Rita

Here is the latest update from the Chief:

Federal District Court Operations and Tropical Storm Rita

Chief United States District Judge William J. Zloch directed that United States District Court operations in all divisions be closed at 3:00 P.M. today and remain closed on Tuesday, September 20, 2005 due to wind and rain conditions anticipated to develop with the approach of Tropical Storm Rita. These closures affect the District Court’s operations in Key West, Miami, Fort Lauderdale, West Palm Beach and Fort Pierce. Federal courthouses in these locations will
be closed to the public, and jurors have been or soon will be instructed to call in for further reporting instructions. The United States Bankruptcy Court is also closed. Court staff are free to leave at 3:00 P.M. today and are instructed not to report for work on Tuesday. Federal court operations will resume at the regular time in all Divisions on Wednesday, September 21 . All staff should report for work at that time. Please check the Court’s website at www.flsd.uscourts.gov for changes to these instructions.

News and notes

1. Sam Burstyn pleaded guilty today. According to the Miami Herald, he faces five years in federal prison, he must forfeit about $200,000 and is expected to lose his law license. ''This is the right thing to do,'' Burstyn, 52, told Judge Zloch during the plea hearing. "Im really sorry . . . I'm just sorry.''

2. Judge Cooke denied a motion to move two accused terrorists out of the special housing unit of the federal detention center today because prosecutors said they could continue spreading Muslim extremism if allowed into the regular jail population. The Herald article is here.

Samuel I. Burstyn to plead guilty

Jay Weaver reports that prominent lawyer Sam Burstyn is scheduled to plead guilty today in front of Judge Zloch.

Another crash

Weird. The day after I posted about the van that crashed traveling between FDC Miami and the JLK Building next door, there was another crash involving marshals and nine inmates. This time it occurred on I95. I was actually sitting on I95 backed up for over an hour because of this accident today. Apparently it was a hit-and-run, which caused the marshal's van to flip at least three times. No one tried to escape and all were transported to the hospital. Some were seriously injured. Hopefully everyone will be okay.