There's news besides the Budget. Here's an open thread, all topics welcome.

The Federal judiciary can run for about two weeks if there's a shutdown. After that, things will get dicey.

The federal court budget request for 2012 contains only a modest increase. By contrast, the Department of Justice and Homeland Security budgets contain big increases, which will mean more federal criminal cases. The courts don't have the luxury of declining cases. If the feds bring them, they have to hear them.

A big part of the cost is the slew of immigration cases: From Judge Julia Gibbons testimony to a House Appropriations subcommittee released today:

Criminal case filings nationally grew 25 percent between 2000 and 2010 with immigration prosecutions in the five judicial districts along the Southwest Border fueling that growth. Immigration caseload now accounts for 36 percent of all criminal prosecutions nationwide and has surpassed drug and fraud prosecutions combined. These immigration prosecutions are separate from the immigration actions handled administratively by the Department of Homeland Security and Department of Justice.

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Jeralyn writes about it. I just want to remind everyone that President Obama cut a deal with the Republicans in December to extend the Bush tax cuts.

Yes, today's budget fight is related to that. And yes, I expect Obama to cave again.

Hope I'm wrong. Another busy day for me. If the courts get shut down in 2 weeks, I'll have more free time.

Speaking for me only

Tonight's meeting at the White House didn't produce a budget accord. It's becoming more and more apparent that this is a game, being milked by House Speaker John Boehner and Republicans who have insufficient power or smarts to do anything but bluster.

I hope Obama doesn't make any concessions. It's pretty apparent Boehner will have to give in tomorrow, or face the wrath of the public when the reality of what a shutdown entails finally sinks in.

We're being set up for a last minute deal. Does anyone doubt an agreement will be announced tomorrow? This is all like a poker hand, and the question is, who's bluffing?

Avoiding a shutdown is good. But the games, and rewarding the losing players with concessions, are not. Obama should hang tough, refuse further budget cuts, and call Boehner's bluff. [More...]

The 5th Circuit Court of Appeals has upheld the convictions of Enron's Jeff Skilling. The opinion is here.

In a 13-page ruling, a three-judge panel of the 5th U.S. Circuit Court of Appeals upheld all 19 convictions of conspiracy, fraud and other crimes. It also reaffirmed its 2009 decision that vacated Skilling's sentences of more than 24 years in federal prison and ordered a resentencing. In the 2009 ruling, the appeals court ruled that the sentencing judge misapplied federal sentencing guidelines.

Some of Skilling's convictions were for honest services fraud, which the Supreme Court has since held invalid. The Supreme Court remanded the case back to the 5th Circuit to decide "whether the honest services instruction amounted to harmless error." Today, the 5th Circuit found just that: harmless error, meaning the convictions stand:

Based on our own thorough examination of the considerable record in this case, we find that the jury was presented with overwhelming evidence that Skilling conspired to commit securities fraud, and thus we conclude beyond a reasonable doubt that the verdict would have been the same absent the alternative-theory error.

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Another busy day for me. No rest for the wicked.

Open Thread.

The New York Times examines what agencies will be affected by a government shutdown.

What happens to the federal courts? How long can they stay function? What about court-appointed counsel? Will the defendants' cases proceed? If not, can they get a dismissal on speedy trial grounds? A few weeks ago, I got this notice from the Chief judges of the federal district and bankruptcy court in Nebraska. Clearly, they have been thinking about it.

Members of the Bar,

The district and bankruptcy courts have approved contingency plans should Congress fail to enact an appropriations bill or continuing resolution before April 8. If the federal government shuts down after April 8 because appropriations have lapsed, the Judiciary will continue normal operations for approximately two weeks using emergency funds. Thereafter, judges will continue to hear and decide cases; however, court support staff may be reduced to mission-essential activities.

In the meantime, court operations will continue as usual. Further information will be disseminated if and when necessary.

Things are going to get interesting. I still think a budget will pass by Friday.

Our earlier open thread is full. While I catch up the day's news, here's another one, all topics welcome.

It sounds tense in Washington. Can President Obama convince Congress to avoid a shutdown? He's trying.

Or will the Republicans in Congress just let the country fall apart?

It's a busy work day for me today. Here's an open thread, all topics welcome.

BTD - For me too.

Here are Attorney General Eric Holder's remarks today explaining the Administration's decision to try Khalid Sheikh Mohammed and the other 9/11 detainees before a military tribunal rather than in a federal criminal court.

[W]e must face a simple truth: those restrictions are unlikely to be repealed in the immediate future.

Holder said the five detainees, Khalid Sheikh Mohammed, Walid Muhammad Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsaw, were indicted in the Southern District of New York in December, 2009, but he has now instructed prosecutors to dismiss the sealed indictment and turned the cases over to the Department of Defense. Today, a federal judge in New York granted the motion and unsealed the Indictment. [More...]

Attorney General Eric Holder will announce at 2:00 pm today that Khalid Sheikh Mohammed and the other 9/11 detainees at Guantanamo will be tried by military commission instead of in federal criminal court.

Obama and Holder deserves there lumps over this, but the primary fault lies with Congress and officials in New York. [More...]