To be filed on da Slabb: Calhoun and company file Slabbed at the 19th JDC seeking an expedited stay on the adminsitrative subpoenas

Question: Does Calhoun read Slabbed?

Answer: What local lawyer doesn’t read Slabbed?

Yesterday afternoon I received a bat signal from a reader that Team Calhoun filed new motions with the 19th JDC regarding the Ethics Administration investigation and, of course, Slabbed’s coverage was attached as an exhibit to one of the court filings. Slabbed lifers know this has happened on several occasions but IMHO the post we did back on the 15th of this month hit the topic like a laser beam in a way not seen on these pages since the Beef Plant prosecution here in Mississippi and my seminal post “Give us this day our daily” beef which was a big hit with the commercial construction communities in both Georgia and north Mississippi.

Now the latest filings from Team Calhoun were supposedly filed under seal but that is a Fayard fantasy as it was they who let the Ethics genie out of the bottle going to the 19th JDC to stop the previously confidential ethics administration investigation into the funding behind daughter Caroline’s failed 2010 Lite Gov campaign.  In addition to the motion to stay, Calhoun and company have also filed for appellate writs pulling out all the stops to stop the Ethics Administration from doing their job. With that set up one of Slabbed’s legal observers made the following observations about the latest:

On November 16, 2011, Cynthia Fayard, Galeforce, LLC and Ski Forever, LLC filed several pleadings which, in my opinion, are in response to the court’s November 10 order compelling the Fayard entities to produce documents and records.

This and all similar motions by the Fayard entities have been denied by the court. The Fayard entities have until November 30 to produce the subpoenaed materials.

Gray Sexton and his firm have withdrawn as counsel of record for The Fayard entities. Filing motions to enroll on their behalf are E. Wade Shows of Shows, Cali, Berthelot & Walsh in Baton Rouge; T. Allen Usry of Usry, Weeks and Matthews in New Orleans; and, Kyle Schonekas and Billy Gibbens of Schonekas, Evans, McGoey & McEachin in New Orleans.

I don’t know about Schonekas and Gibbens, but Shows and Usry have represented the state of Louisiana through the AG’s office for years. Most notable recent cases are the Chinese Drywall case and the BP spill litigation.

Also enrolling as additional counsel of record for several Fayard entities was Jennifer Thornton and J. Robert LeBlanc of Stanley, Reuter, Ross, Thornton & Alford of New Orleans. The former firm of Stanley, Flanagan & Reuter represented Calvin Fayard and other Katrina Litigation counsel against the motion to disqualify them because of their “Foti Contracts” that briefly allowed them to represent the State in any Katrina claims.

I bet there is a heck of a back story behind the Grey Sexton withdrawal folks as his ability to make magic with the Ethics Administration has evidently diminished along with his previously interest conflicted position on the taxpayer teat at the Ethics Administration running enforcement.  Kyle Shonekas and Billy Gibbens should be familiar to the Slabbed Nation due to their affiliations with team River Birch.  Usry, Weeks and Matthews also represented the Orleans Parish Sheriff back in the day (and possibly to this day).  The bottom line is Calvin is seriously lawyering up beyond his previous lawyering up, no doubt in hopes in getting a better result at the appellate court level.

Click the pic to get the pdf of the latest Motion to Stay starring Slabbed and its insightful commenters. ~ sop

7 thoughts on “To be filed on da Slabb: Calhoun and company file Slabbed at the 19th JDC seeking an expedited stay on the adminsitrative subpoenas”

  1. Since at least 2008, Wade Shows and Allen Usry have been paid by the Louisiana Attorney General, presumably with State funds, to represent the interests of Louisiana as a plaintiff and as a defendant in civil matters.

    Now, Wade Shows and Allen Usry are being paid by the Fayard entities to challenge the constitutionality of Louisiana’s campaign finance laws. Their other client, the Louisiana Attorney General, must use scarce State resources to defend the constitutionality of those laws against the attacks brought by attorneys who have honed their skills on the State dime, and who list the State as a representative client on their web sites and resumes.

    To make matters more interesting, Shows and Usry are defending against a campaign finance investigation brought by another State agency against individuals and entities that also made significant campaign contributions to AG Caldwell in the 2008 election.

    To his credit, perhaps Gray Sexton wasn’t interested in being involved any longer. I always thought his name on the pleadings was part of a facade by the Fayards to appear ethical.

    A significant portion of this matter appears to be focused on allegations that the Fayard entities made campaign contributions through or in the name of another – straw donors.

    I’m no lawyer, but I believe the tenor of the motion to stay suggests that, although the court has pretty much unconditionally ordered the production of all subpoenaed materials, there will not be a complete production made on November 30. I expect that there will even be a number of objections to some categories of documents as being irrelevant or immaterial or privileged or sensitive, etc.

    As to the “information” in the custody and control of the financial institutions, Carolyn Mistoler should be able to get that stuff. I would bet Cynthia Fayard doesn’t have to be on the Planet, much less in the country, to get that “information”. Although the Board may be about to receive some sworn statements prepared with the assistance of counsel, the Board might also be taking depositions.

    It’s presumed the Fayard entities are going to be filing voluminous writ applications with the 1st Circuit Court of Appeals seeking to have Judge Morvant’s ruling set aside. If not successful there, then writ applications to the Louisiana Supreme Court could likely be filed.

    My personal “take” is that what’s at issue is whether or not the subpoenaed records are confidential, privileged, irrelevant and not subject to discovery, and whether or not the trial court abused its discretion in ordering the production of those records.

    Although it’s somewhere down the road, there may be a trial and judgment on the issue of whether or not the Louisiana campaign finance law is constitutional.

    Personally, I would hope each and every appellate court judge and Louisiana Supreme Court justice who has received a contribution from any of the Fayard entities or their counsel would disqualify themselves from reviewing and ruling on this campaign finance case and related matters.

    That may be hoping against hope.

  2. Man, I really hate how corrupt lawyers are. But more than that I hate how corrupt judges are. And I used to be a lawyer and used to sue AROD. He was a whore defense attorney but I now have a new respect for him after the troubles. But that doesn't make his whore lawyer actions in my cases justifiable. Money? I know it's expensive uptown. Can you maybe stop? If you have enough money, then maybe have a conscience? Thinking this is what OWS is about.

  3. "EJ" wouldn't be E. J. O'Bell, would it?

    O'Bell (now of Magnum fame) was one of Calvin's "contract" attorneys who wrote me an email a while back telling me how Calvin gave him and 2 other attorneys written instructions to make a check payable to a Senator. He also wrote that he received verbal orders from Calvin for other contributions. O'Bell told me he was instructed to "work the contributions into expenses on a class action case" where he was reimbursed for his contributions.

    I really want to post that email because it's very insightful, but O'Bell has threatened to sue me if I make it public.

  4. who fucking cares. its goddamn sports and shit. you guys are a bunch of goddamned numbnuts,…. do you actually think a guy who spends his whole fucking life hunched over reading the letter of the law is gonna side with a fucking scumbag lawyer over a football ticket? Look at the judges’ for who they are and consistency within the context of a case by case basis. Don’t make assumptions based on fucking sports tickets. So fucking ignorant. So fucking stupid! You guys have no fucking idea how hard it is to even get close to that level of the justice system! Keep watching fucking Nancy Grace TOT MOM OUTRAGE you TWATbags
    -Liu Rem-Hynolds

    1. Are you familiar with the guy that posts all over the internet about Harry “Poop Pants” Connick of Weston Ct?

    2. Liu Rem Hynolds:

      Hey Remy , did you just emerge from a time machine , enjoy reading 3 year old news or do have hogshit for brains?

      For a sports ticket ? Hell , Federal judges would sell out for a copy of yesterday’s Times-Picayune from a parrot’s cage.

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