Wow, what a weekend.

Lots of quotes to chew on:

"I don't know."

That's prosecutor Richard Scruggs, under questioning before Judge Butchko on his handling of the Pastor Smith case we wrote about last week. (The Judge suppressed two tape recordings, ruled that the conduct was "unprofessional" and even referenced Bill Clinton!)

“I don’t think he made us all look bad. I think he made lawyers wearing $5,000 suits and driving $500,000 cars look bad,” said David Markus, a Miami criminal defense attorney.

Ouch. Inestimable blogger extraordinare David Markus on you know who.

"People are going to do what they're going to do.''

Stu Rosenfeldt on the impending civil suits.

"Guess what? I'd like to make that."

Marc Nurik, on his client's alleged 2008 compensation of $35 million.

The house it leaks it needs a new top
When it rains it wets everything we got
The chimney fell down just the other day
But we're still a livin' so everything's okay.

Hank Williams Sr. as Luke the Drifter.

Welcome to Monday!

The inestimable Julie Kay breaks news as usual regarding the shameful effort by prosecutors in Alex Acosta's office to trap uber-lawyer David O. Markus, which resulted in an explosive $600k sanctions order by Judge Gold:

The three prosecutors themselves are appealing. Josefsberg and Pearson filed a notice of appeal for Hoffman, and Martinez and colleagues Maureen Lefebvre and Susan Tarbe filed a motion on behalf of Cronin.

Martinez said he will argue that Cronin and the others were wrongly denied the opportunity to speak at the hearing when they were sanctioned.

“They were excluded and didn’t have the opportunity to put on their case,” he said. “Just as [defense attorney David O.] Markus wants due process rights, we feel Mr. Cronin is entitled to his due process rights. It is appropriate for him to be heard by the judge.”

Gilbert has not yet filed a notice of appeal. Becerra, who moved to Greenberg from the U.S. attorney’s office, has taken the case pro bono, according to her secretary. Becerra is out of the office on parental leave.

When asked whether Martinez, a former Miami U.S. attorney, was representing him pro bono, Cronin said, “I’d rather not answer that.”

Oh man, that's rich -- was Sean so flustered by Julie's question that all he could do was say "I'd rather not answer" -- thereby answering by not answering? Was he not prepared to handle that inquiry? What's the big deal about going pro bono in the first place? (Note -- corrected, thx).

BTW, I love that these prosecutors are now pleading for due process -- which of course they deserve -- when it was apparent from the sanctions order that due process was not exactly at the top of their trial to-do list.

Also, didn't Cronin testify (lamely) for several hours before Judge Gold anyways? As the Judge repeatedly told him, "tell the truth, Mr. Cronin."

Plus, even my buddy Paul Calli gets quoted!

And, in a surprise move, so does Kendall Coffey.

Walter and Donald, sing this one out please.....

Well kids, it's that time again to give our thanks and blessings for another year.

I thought it pretty interesting that in years past Thanksgiving had both a "fasting" and "feasting" component.

Indeed, what does it say about us that everyone abandoned the "fast" part:

In the nearly 400 years since the first Thanksgiving, the holiday has come to mirror our transformation into a nation of gross overconsumption, but the New England colonists never intended for Thanksgiving to be a day of gluttony. They dished up restraint along with gratitude as a shared main course. What mattered most was not the feast itself, but the gathering together in thanks and praise for life’s most humble gifts. Perhaps this holiday season we could benefit from restoring a proper Thanksgiving balance between forbearance and indulgence.

Ben Kuehne has something to be thankful for, and so do we all. This is tremendous news, and what great timing!

David has more, including a statement from Ben, and you can see the order of dismissal here.

I hope some or all of you are giving something back this Thanksgiving, in a meaningful way.

And don't forget the powerful words of Johnny Carson:

Thanksgiving is an emotional holiday. People travel thousands of miles to be with people they only see once a year. And then discover once a year is way too often.

Enjoy the photographs, the bird and family, and have a peaceful and loving holiday weekend.

I usually read Herald editorials purely for their comic and/or sleep-inducing values.

So I was a bit surprised to see one today about our own federal blogger uber-lawyer:

U.S. District Judge Alan Gold used that term, ''win at all costs,'' to describe the egregious misconduct of three U.S. prosecutors in an exhaustive 50-page reprimand last week. The judge was justifiably outraged by the way prosecutors Sean Cronin, Karen Gilbert and Andrea Hoffman handled a narcotics case against a Miami Beach doctor.

The prosecutors conducted a secret investigation of the defendant's attorneys, using informers to try to entrap them into bribery. They taped the defense attorneys' conversations, but all they got was lawyers saying No to the informers' invitations to commit bribery.

Becoming vengeful

The prosecutors then used their informers as witnesses in the trial, asserting that they were impartial and neutral, which could hardly be the case since they had tried to help set up the defense team. The prosecutors neglected to tell the judge or their boss, the U.S. attorney, about their extra-curricular venture. When the defense team wasn't cooperative enough, the prosecutors became vengeful. They increased the original 26 charges to 141.

None of this worked. A witness revealed the bribery entrapment scheme on the stand. The defense used this to argue that the prosecutors had a weak case. The jury agreed, and the defendant was found not guilty on all counts.

Now Judge Gold has ordered the U.S. attorney's office to pay the former defendant, Ali Shaygan, $600,000 as a fine for the prosecutors' bad behavior. The fine will reimburse Dr. Shaygan for his legal fees.

(psst, wake up little SFL, you have been dreaming again of Diora Baird as an Orion in the new Star Trek movie.....)

Sheesh, could you write any more boring? These guys could make reporting on the Normandy invasion seem like a snoozefest.

And thanks John Pacenti for finally covering the Tom Tew story we wrote about six days ago.

Don't worry, it's ok that you didn't mention this crappy blog for breaking that story -- I do it all for love, my peoples.

Huge and well-deserved victory for our own David O. Markus as Judge Gold drops a bomb on Alex Acosta's office:

The judge reprimanded the two trial prosecutors, saying that along with Drug Enforcement Administration agent Christopher Wells, they “acted vexatiously and in bad faith” in prosecuting Dr. Ali Shaygan. Also reprimanded was assistant U.S. Attorney Karen Gilbert, the narcotics section chief.

Gold called the secret taping of phone calls to Shaygan’s attorney and defense investigator by two informants was “profoundly disturbing.” He raised the specter of the recent dismissal of a conviction against former U.S. Sen. Ted Stevens, R-Alaska, because prosecutors in that case withheld key evidence.

The $601,795 covers court fees and lawyer costs dating from a superseding indictment filed by prosecutors in September.

“The order speaks for itself. We regret that any of this ever happened in the first place but we are grateful that Judge Gold took it seriously and did the right thing,” said Miami criminal defense attorney David O. Markus, the lead counsel for Shaygan. “Thank goodness that the conduct did not distract the jury from finding Dr. Shaygan not guilty of all 141 counts against him.

Miami attorneys Marc Seitles and Robin Kaplan served as co-counsels for the defense.

You can read the order here.

Alex has other not-so-great coverage in the DBR here.

I previously covered Alex's alleged supervision of rogue Christian Bradley Schlozman and his unsolicited intervention in the Ohio election process.

His defense on that -- that I was just informing those poor black voters about their legal rights -- is particularly lame.

I like Alex. He doesn't strike me as aggressively ideological, and his office is filled with many talented attorneys who take their charge as public servants seriously. And of course he is not solely responsible for this Judge Gold order.

But as I say about Frankie boy and 9th Circuit torture judge Jay Bybee, this stuff kinda matters.

It's easy to have integrity and to be highly ethical when you are not particularly pressed by a superior or government to do something possibly dubious or questionable. That's 98 percent of your life.

It's what you do in the other 2 percent that matters.

And that doesn't mean people don't make mistakes sometimes and can't ever do the right thing again. They do and can.

But if you are in denial mode about the original questionable action it is hard to move past it and for others to have confidence in your judgment in the future.

In David's trial:

Two federal prosecutors in Miami are being reassigned for their roles in the secret tape recording of a defense attorney and his investigator in a criminal case.

Court documents show that prosecutor Karen Gilbert voluntarily stepped down as chief of the Miami U.S. attorney's narcotics section. Prosecutor Sean Cronin asked to be transferred from the criminal division.

The U.S. attorney's office acknowledges serious mistakes in a decision to have witnesses tape conversations with defense lawyer David O. Markus and investigator Michael Graff. Markus wants a federal judge to order the government to pay his fees and costs because of the misconduct.

That's refreshing, huh? We've had way too few of these moments from our federal government over the last few years. We could use some more.

Well, not quite (it's kinda my version of the "CASTRO ALMOST DEAD" teasers the Herald has been feeding readers every couple of months for the last decade or so).

Still, as David says, let's hope the feds dismiss the rest of the case.

Nice opinion by Judge Barkett, which concludes that Judge Cooke's opinion below was "eminently correct."

Indeed.

Boy oh boy what a disaster is unfolding in Judge Gold's courtroom, in the aftermath of the acquital of Dr. Ali Shaygan by uber-trial mensch David O. Markus:

U.S. District Judge Alan S. Gold, who held two days of hearings this week on the matter, said there were "flagrant violations" of basic rules by prosecutors and indicated he would likely order the U.S. government to pay the defense lawyers thousands of dollars in fees and costs.

"It's more than just mistakes. Important safeguards were not met," Gold said. "It doesn't seem like any facts were verified."

U.S. Attorney R. Alexander Acosta on Wednesday called the situation "regrettable" and said the allegations have been referred to the U.S. Justice Department for possible disciplinary action.

The misconduct claims arose earlier this month during the trial of Dr. Ali Shaygan, 36, who was accused in a 141-count indictment of writing illegal prescriptions including one that led to a patient's death from a methadone overdose. Shaygan, acquitted last week of all charges, had faced a minimum of 20 years in prison because of that person's death.

During the trial, Shaygan attorney David O. Markus found out by chance during questioning of a witness that his prior telephone conversation with that witness had been recorded. It later turned out that prosecutors authorized two witnesses - Carlos Vento and Trinity Clendening - to secretly record their phone calls with Markus and his investigator, Michael Graff.

At least one witness seemed to ask Markus to pay a bribe for testimony, according to the recordings. But Markus wouldn't go along.

"I am not paying any money for anything," the attorney said in one recording, according to a transcript.

In addition, Vento and Clendening had agreed to become confidential informants for the Drug Enforcement Administration - a critical fact never disclosed to the defense. Such information is important in criminal trials because a jury could otherwise never learn that the witnesses might have a bias in favor of prosecutors.

Of course David did the right thing -- no one would expect anything different. Can the same be said of the other actors involved in this tawdry drama?

David, always so serious.

Now me, if I had suspected the feds were recording me without my knowledge, I would have sang old Dr. Demento songs, Tom Lehrer, probably would have done a little Allan Sherman, you know, the classics.....hey my singing voice is quite good.

Lots of coverage of the oral argument before the 11th in Ben Kuehne's case, including this nice piece by John Pacenti, which quotes our own David O. Markus:

Miami criminal defense attorney David O. Markus, who helped write an amicus brief on Kuehne’s case for the National Association of Criminal Defense Lawyers, said he was optimistic that Cooke’s rulings will be upheld.

“I thought some of the unprecedented positions the government took showed how truly weak its position really is,” he said.

David also attended the argument and his thoughts on how it went are here.

Question to DBR -- it's been a while before I argued in front of Judge Hull, but has he done something to his hair? Did he lose some weight?

I can't put my finger on it.

Hey, I'm a guest blogger!

David's got some kind of "big case," so he let your humble crappy servant fool around a little bit over at his very fine blog.

Thanks, and good luck David!!

You can see the results here.