Although the Government seems to have conceded that the charge to which Defendant pled guilty (misprision of earwigging) is now a legal nullity, the Government seems to assert that Defendant is guilty of some or all of the bribery charges that the Government previously dismissed. However, under Department of Justice Guidelines, the Government was required to pursue the most serious, readily provable offense or offenses that are supported by the facts of the case … Once filed, the most serious readily provable charges may not be dismissed…. Any sentencing recommendation made by the United States in a particular case must honestly reflect the totality and seriousness of the defendant’s conduct and must be fully consistent with the Guidelines and applicable statutes and with the readily provable facts about the defendant’s history and conduct. …Likewise, federal prosecutors may not “fact bargain,” or be party to any plea agreement that results in the sentencing court having less than a full understanding of all readily provable facts relevant to sentencing.
Policy Memo. of the Attorney General, 9/22/2003 (emphasis added). Indeed, the Government assured the Court in March, 2008 that “all the facts and circumstances” of this case amounted to merely misprision of earwigging. See Motion, D.E. 303 at 19 (quoting the prosecutors).
Zach’s attorney is Edward “Chip” Robertson, former Chief Justice of the Missouri Supreme Court. Robertson writes with the very strong pen of a man confident of his knowledge of the law, wasting not a word. I point that out because I’m not certain it’s possible for anyone to summarize the points in his brief; but, I’m certain I cannot. Robertson’s motion with Exhibit A (Requests for Admissions, Interrogatories, and Requests for Documents and Other Things) is below the jump in scribd format.
Folks, Anne Marie was home cooked by Ross LaDart IMHO on her public records request case. Now we get to see what the 5th Circuit does with LaDart’s legal fart. Frankly with such legal luminaries like Susan Chehardy populating the joint, I’d be lying if I didn’t add I also wonder whether ol’ Nann with Phelphs Dumbar will be getting an advance copy of the “random” panel assignment. I mean hell, we might as well talk about everything that goes on up there in the appellate circuits, especially the 4th and the 5th circuits. We’ve been keeping that dirty little secret for too long.
For those so interested Team Vandenweghe’s appellant brief can be found here.
Although some are still playing CLUE – the River Birch Version, we need to roll the dice and start another round to make room for all the new clues filed today.
Let’s start with why the Government brought a “clean team” along when the FBI searched the third floor offices of River Birch: (Government’s Response)
A “clean team” or privilege review team was assigned to the execution of a search warrant in this case due to the investigators’ knowledge that Peter Butler, Sr., a licensed attorney, worked within River Birch’s offices at 2000 Belle Chasse Highway. Investigators were concerned about the possible seizure of documents that could be subject to a privilege between an attorney and client.
…The tan filing cabinet in the file room contains River Birch, Inc.’s old files on numerous matters, including reports on environmental regulation and compliance, various law suits, information about vendors and customers, and agreements with environmental consultants. The files in this cabinet date from approximately 1993 to approximately 2007.
The plaintiffs are unsure whether the Government seized any documents from this cabinet. However, everything currently in this tan filing cabinet was not seized by the Government. Any documents returned by the Government after the search are in the possession of undersigned counsel and have not been re-filed. (emphasis added)
The boxes of files copied and returned are full of clues – too bad River Birch didn’t peek as a good many in Box 2 likely came from the tan cabinet holding files from 1993-2007 – perhaps, even this one, at least in part:
Say “model” this time of year and even SLABBED’s most faithful readers are more likely to think “Sports Illustrated” than “hurricane”. On looks alone, there’s no doubt which of the two models has the most immediate impact. Long-term impact, however, is a different matter. The new hurricane risk models will be reflected in the availability and cost of insurance coverage for years to come while SI models change from year-to-year.
Mayor Tim Kerner, the de facto Dictator of Lafitte, along with his miscreants on the Town Council, were all “re-anointed” as a result of the total lack of CITIZEN/VOTER participation and the resignation of defeat by a populace whose apathy can best be described as an insult to all members of our military that have died in the past and are serving presently to instill the goals of a republican democratic process around the world, buttressed on the freedom to vote !
“Kerner said he feels honored to be re-elected without opposition. “It’s really a wonderful thing. It makes me want to work even harder to do a good job for the people of Lafitte,” he said.
What election fool ? What tripe ! You and others hold office only as a result of the public’s default of their moral obligation and responsibility to honor and maintain the constitutional electoral system guaranteed by our Republican Democracy. God forbid that this should be the norm in Jefferson Parish and/or any of its parochial cities/towns within its political boundaries.
So of course the most arrogant High Porkness Roberts is deserving of the same…Kerner is only a Dictator of a small province within ‘my’ principality…I am entitled to my princely rule…why else would I have spent $190,000 thousand dollars in 2009 from my campaign fund to buy my new Mardi Gras Float, a tractor to pull the float, maintain an antique Fire Engine to put out the fire on the float caused from an electrical overload of the $40,000 Thousand PLUS Dollars of sound and video equipment bought to entertain my subjects along the parade route while I throw them the $10’s of Thousands of Dollars of Chinese beads and favors. Not to mention the $10’s of Thousands of Dollars spent on golf carts in Las Vegas for those special campaign contributors, and the Thousands of Dollars for ‘transportation’ for my private party during the Jefferson Parish Politico Whore Extravaganza known as the Tarpon Rodeo. Oh yea, the snowball stand…around $7,000 Thousand Dollars… Continue reading “DICTATOR KERNER…Pirating The Town of Lafitte’s political process. A special election update by Whitmergate”
Chances of the Jefferson Parish Fire Department writing up River Birch for what appears to be a blocked exit are slim to none – so what possible reason could Heebe-Ward-River Birch have for the manual submission of a three-page floor plan as an Exhibit to the Plaintiff’s Memorandum(below in scribd format)?
However, here’s a so-so but readable version of the hand-drawn single page layout attached as an Exhibit to the Government’s Memorandum (below in scribd format) – the colored areas indicate the location of various items seized. Talk about a CLUE – note the number of locations where the government seized “mirrored hard drives“. Every file written on a mirrored hard drive is automatically written to another.