The true "Miami Mafia"

Fidel and Raul call the Cuban-American exile community the "Miami Mafia," and some criminal case defendants in town are referred to as members of an actual Miami mafia, but the true "Miami Mafia" is located at the Department of Justice in Washington, D.C. These former colleagues from the US Attorney's Office in Miami have carried that moniker for years and risen to top posts, prompting Abbe Lowell to joke at last week's NACDL white collar crime conference in Washington that the Miami Mafia has taken over the department. It may appear that way, as, among others, Ed Nucci is Acting Chief of the Public Integrity Section, Mike Mullaney is Acting Chief of the Counterterrorism Section, Paul Pelletier is Acting Chief of the Fraud Section, Barry Sabin is one of the Deputy Assistant Attorney Generals for the Criminal Division, Andrew Oosterbaan is Chief of the Child Exploitation and Obscenity Section, Ken Blanco is Chief of the Narcotic and Dangerous Drug Section, Steve Tyrrell did important work as Deputy Chief of the Counterterrorism Section, and Mary Butler is doing a great job in the Abramoff corruption probe (you can read her plea agreement in the Bob Ney case here). My apologies to those I missed. Congratulations to these fine public servants, and remember them when you need to grovel up at DOJ for any of your clients. Your new guest blogger (blame Markus), Marcos Daniel Jimenez

Rock, Paper, Scissors, Lunch

I didn't want to forget to thank David for allowing me to guest blog this week while he's away. Thanks David. Enjoy Aspen.

Remember the Order requiring two civil lawyers to play rock, paper, scissors?

In the continuing efforts to show civil lawyers how to get along, here's an order requiring a lunch date between a plaintiff and defense lawyer.

"To take this right away, is to reduce a man to slavery."

by Not Scalia

Judge Patricia Seitz began her Order finding Florida's Third-Party Voter Registration Law unconstitutional with this quote from Thomas Paine. Because this law chilled the rights of third-party groups to register voters, Judge Seitz' decision is a victory for democracy and should be applauded.

You can find the Order here.

Phineas Paist

by Brian Tannebaum

As we prepare for the opening of the new federal courthouse (anyone know the opening date?), now is as good a time as any to learn about Phineas Paist, the architect of many of Miami's most famous landmarks, including the old Miami Federal Courthouse.

Interesting guy, died in 1937, in Miami.

Here's an excerpt from the site about his life:

Around 1920 in Miami Phineas will evolve from his association at the Deering estate [Vizcaya] to become a city planner and lord of architecture for The Coral Gables Plantation heir George Merrick.

Phineas Paists contributions of the Douglas entrance, the Police and Fire Station bldg. and the new Miami Federal Courthouse
will prove to be a unique collection of buildings in the Beaux Arts Style,

Vacation time...

I'm going to be on vacation so I've invited a couple guest-bloggers and have asked prior posters to pitch in while I'm away. I've also asked them to identify themselves at the top of the post so you know who the author is. You can also check at the bottom of the post where the blogger template inserts their name. Enjoy!

In the meantime, here is an interesting article by Vanessa Blum about the Padilla hearings yesterday in which I am quoted.

News and notes

1. Judge Cooke has denied the Government's motion to reconsider dismissal of Count I in the Padilla case.

2. Sun-Sentinel: "Pompano man gets 37 months in prison for plot to hire out illegal workers."

3. Miami Herald: "Lawsuit claims young boys were forced to ride camels." Read the lawsuit here.

The Scalia of the 11th Circuit...

Lawyers who practice in the 11th Circuit like to compare Judge Ed Carnes to Justice Scalia. Here's the opening paragraph of Carnes' most recent opinion addressing whether a district court can dismiss a civil case with prejudice because the plaintiff had filed his complaint and litigated the case up to trial using a false name:

If, as the Bible says, "[a]n honest answer is like a kiss on the lips," Proverbs 24:26 (N.I.V.), a pleading founded on a lie is like a kick in the gut. The question this appeal presents is whether a district court can dismiss a case with prejudice because the plaintiff filed and litigated his complaint under a false name.

Carnes answers yes. Scalia-like? Hat Tip to Orin Kerr.

Santiago Alvarez and Osvaldo Mitat to plead guilty

Cuban exiles Santiago Alvarez and Osvaldo Mitat cut plea deals on one count of conspiring to possess illegal weapons, which carries a five-year maximum prison penalty. The men, who remain in custody, face sentencing Nov. 14. Jay Weaver's article here. The following interesting note from Vanessa Blum's article:

Before his arrest, Alvarez was best known for his support of Cuban militant Luis Posada Carilles. Cuban and Venezuelan authorities accuse Posada of orchestrating the bombing of a Cuban airliner in 1976 that killed 73 people.When Posada mysteriously arrived in Miami in 2005 after years in hiding, Alvarez acted as his chief spokesman and defender. Posada is in federal custody in El Paso, Texas, where he has been held since his arrest on immigration charges.Last year, an immigration judge ruled Posada should be deported but said he could not be sent to Cuba or Venezuela.On Monday, U.S. Magistrate Judge Norbert Garney ruled Posada should be set free while he waits to be deported, according to Posada's El Paso attorney, Felipe D.J. Millan. If a federal district judge upholds the ruling, Posada could be released in about 30 days, Millan said.