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Friday :: April 08, 2011

Barry Bonds Closing Arguments: Guess You Had to Be There

Closing arguments were held yesterday in the Barry Bonds perjury trial. If you thought you could get a sense of how they went from media reports, think again. It's like they were in different courtrooms watching different trials.

The San Francisco Chronicle reporter leans heavily towards the Government, praising prosecutors and characterizing the defense as "flailing around."

...the prosecutors finished strong, while the defense seemed to flail around, devoting a lot of its time to attacking governmental power.

Mark Purdy at the San Jose Mercury News said the opposite: Defense attorney Allen Ruby "stole the show" and owned the courtroom while the prosecutors never connected:

Allen Ruby, the lead Bonds attorney, easily won the best of show award for the trial. Friday, he was a Pavarotti during his closing argument, his deep voice commanding the courtroom as he uttered memorable quotes...By contrast, the leadoff prosecutor, Jeff Nedrow, looked like Alex Smith trying to win a big game for the 49ers. Very smart, very earnest, but never quite able to make the big statement when it counted.

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Thursday :: April 07, 2011

Thursday Night TV and Open Thread

Justified was great last night -- one of the best episodes so far this season, and FX has just renewed it for season 3.

If you missed the premiere of AMC's "The Killing" on Sunday, catch it on On Demand or Xfinity or whatever you use as a Tivo these days. It's a winner.

AMC is also re-running all three seasons of Breaking Bad, beginning last night with the pilot for season 1. A new season will start after that. If you haven't watched it so far, give it a try and see what we're all praising and why Bryan Cranston has won so many Emmys for his role as the chemistry teacher with cancer turned meth lab cook with cancer in remission. [More...]

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Budget Meeting Ends, No Deal Yet

Both sides are stringing the budget talks along. The latest meeting between President Obama and Republicans ended tonight with the parties closer, but not yet pulling out the cigar.

The House passed a one week stopgap bill that would continue funding for the troops (could their gamesmanship be any more transparent?) and Obama promises to veto it.

Apparently, the holdup is abortion funding and clean air. Does anyone not see this as mere Republican blustering?

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Thursday Open Thread

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

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Federal Courts, the Budget and Immigration Cases

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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The Budget And All That

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

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Wednesday :: April 06, 2011

Republicans Still Blocking Budget Deal

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...]

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5th Circuit Upholds Enron Jeff Skilling's Conviction

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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Wednesday Afternoon Open Thread

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

Open Thread.

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What's Affected If There Is a Government Shutdown?

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.

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Tuesday :: April 05, 2011

Tuesday Night Open Thread

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

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Obama Pushes Congress to Avoid Shutdown


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?

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