The T-P’s extensive coverage of the Broussard indictment is humming right along folks as Drew Broach fires off this missive about Judge Edith Jones fingering Judge Hayden Head to preside over Aaron Broussard’s trial. I plan on having more on the topic of recusal but first join me in welcoming Judge Head to the Slabbed Nation.
sop
I'm a little bothered by this appointment. I wonder if this has any links to Porteous. Tom used to take a lot of trips to South Texas and I'm told he presided over trials there when there was a need for a replacement judge. I don't know if it is the same district from which Judge Head presides, but I wish they would get someone from Idaho or somewhere far, far away.
ALL N. O. FEDERAL JUDGES ARE RECUSED. JUDGE HAYDEN HEAD TO BE THE JUDGE. AMAZING WHY N. O. FEDERAL JUDGES HAD TO BE RECUSED. MORE TO COME IF JUDGE WILKINSON FINALLY IS INDICTED FOR KNOWLEDGE OF AARON AND HIS BROTHER JEFF PARISH ATTORNEY WILKINSON. INDICT JUDGE WILKINSON AND HAVE JUDGE WILKINSON ROLL ON THE CORRUPT N. O. FEDERAL JUDGES.
Don't know the answers to your questions Post Turtle but do know that Edith Jones was said to have despised pOrteous and his crudeness from the get-go. She apparently felt he didn't 'fit the profile' for federal judgeshipiness. And ta-da : she was spot on. So hopefully she will have picked someone who has NO TIES to any of the bad boys and girls of Jefferson Parish. IMHO anyone who has a lick of sense is not going to do anything involving the Jefferson Parish massive corruption cases that causes heads to turn in their direction. IMHO all the rats are jumping ship and the clean-up crew is heads-up on the reality that one false move and they could be counting the years of THEIR sentences.
And frankly the fact that the US Atty from upstate America has been 'held-over' to lead this continuing saga coupled with the indictments of high profile but comparatively low-paid ( relative to what Whitmer, Coulon , Heebe et al stood to make and in fact were making) looks to me like the squeeze is still on and the ante up'd re River Birch.
I do wonder what some of the other 'playas' who rode the JP bull in the past ( Sisung, Alario, Theriot et al come to mind) are thinking about this holiday season. Think they are trying to remember what they said to whom, when and where? For those three, at least, the number of years they rode ( and are riding) and the aging of their little grey cells can only contribute to their concern that they may well be joining the likes of St Pierre and Meffert in THEIR own little gray cells….hmmmm.
28 USC 455, the recusal statute, has 23 parts and sub-parts. Under which section or sub-section is the entire EDLA bench recusing itself? Aside from the fact that the general population thinks it's a good idea to have an outsider presiding over this case, there has to be a legitimate basis for recusal. What is it?
To MOTHERLOAD: Someone else recently expressed the possibility that an Indictment of Magistrate Wilkinson (For what? Misprison of a felony? For what?) might cause him to "turn State's evidence" on his fellow Jurists (And tell us what?). Pardon me for being obtuse, but if ANYONE has a "hard on" for District and/or Appellate Federal Judges at 500 Poydras Street or 600 Camp Street, New Orleans 70130, I'd say that that "someone" is "Thomas G. Porteous". Why hasn't HE turned them in already? And if Porteous (who has several "scores" to settle) hasn't or doesn't, don't expect Jay Wilkinson to blow the whistle on Federal Judicial CORRUPTION.. Ashton O'Dwyer.
To SOCK PUPPET: I haven't seen any Recusal Order(s), but from what's been quoted in the newspaper, the statute which those PILLARS OF JUDICIAL ETHICS who occupy the District Bench in the Eastern District (Duval-Daley-Fayard, Lemelle, Berrigan, Vance and others still need to do some "homework" in this area) is 28 U.S.C. Section 455(a), which provides: "Any justice, judge or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Unfortunately, nothing in the statute, or from the Members of the Court, tell us what facts would cause their impartially to be questioned in the Broussard/Parker/Wilkinson criminal matters. I mean are they saying that the fact that Tom Wilkinson is Jay Wilkinson's brother would preclude them from sending Tom to the BIG HOUSE if a jury finds him GUILTY of payroll fraud? Just what the hell IS going on here? Ashton O'Dwyer.
Ashton:
I was in a hurry and could have been clearer, but my assumption is that the en banc recusal was pursuant to 455(a). Now, you know as well as I do what would happen if an attorney filed a singular motion to recuse pursuant to section 455(a) based on our assumed reason for recusal here. And what if an attorney filed an en banc recusal? I shudder to think. As I am sure you also know, Federal judges hear their own recusal motions, unlike in state court where another "randomly" selected judge hears the recusal motion. But, recusals are rarely granted, unless of course, they are sua sponte/ ex propria motu.
The global recusal in your case was somewhat understandable. But these are courts of public record (for the most part) and good cause must be shown for matters to be sealed from the public at large. Such transparency mandates well-articulated reasons for self-recusal of the entire bench, not just a one sentence global recusal Order. I can't imagine Judge Vance was comfortable doing it in this manner.
And for the record, I do not have a personal relationship with Jay Wilkinson, but I have spent a good bit of time with him in a professional setting. He is far and away the best magistrate in that courthouse. I also spent some time with his brother, and they seem 180 degrees opposite in terms of temperament and personality. I am always open to being educated and proven wrong, but I am unwilling to implicate Jay simply because of his brother's wrongdoing. I am also familiar with Jay Wilkinson's work ethic, so I know that he was not gold-bricking or part-timing just because he could not participate in criminal cases. If it turns out I'm wrong about him, I'll eat my words.
Agree with the comments about Jay Wilkinson. Fine and diligent person, unlike his brother, based on my experiences with him.
Jay Wilkinson and I were law partners at Lemle & Kelleher, where I worked for over 35 years, pre-KATRINA. I have stated in a prior Comment that I would "ECHO" the accolades for Jay Wilkinson, but no more. He demonstrated that he is just a WHORE, post-KATRINA, by being Duval-Daley-Fayard's "lap-dog". And what he participated in to allow Duval-Daley-Fayard to transfer the "Broussard Flood" litigation from Federal Court to State Court, where it is being presided over by a Judge (Peytavin) whose son and lawfirm have represented Jefferson Parish FOR YEARS is nothing short of reprehensible. And don't forget that Jay Wilkinson's brother supervised that litigation for Jefferson Parish until he was forced to resign his position as Parish Attorney in disgrace. I wonder what kind of "bonus" Tom Wilkinson, the Parish Attorney, would have received if the Parish "skates" in the Broussard Flood litigation. So for now the WHORE Jay Wilkinson is innocent until proven guilty (but he's already guilty in my book). But his bed must be mighty cold and lonely with ALL of the Eastern District Judges having baled on him. Ashton O'Dwyer.
T-P ARTICLE:
All local federal district judges step away from Aaron Broussard indictment
Published: Friday, December 02, 2011, 6:58 PM Updated: Friday, December 02, 2011, 6:58 PM
By The Times-Picayune http://www.nola.com/crime/index.ssf/2011/12/all_l…
FIRST WE READ THIS:
“All 15 judges of the U.S. District Court in New Orleans stepped back Friday from hearing the criminal case against former Jefferson Parish President Aaron Broussard, his ex-wife and former parish attorney Tom Wilkinson. No reason for their recusal was given in the Chief Judge Sarah Vance's order, but one possible explanation is that Wilkinson's brother, Jay, is a magistrate judge, which makes him a District Court employee who reports to the district judges.”
THEN THIS LINK:
EN BANC ORDER SIGNED FRIDAY, DECEMBER 2, 2011
Pursuant to 28 U.S.C. § 455(a), all of the judges of this
Court will recuse themselves from this proceeding. The Chief
Judge of the Fifth Circuit will be notified of the need to
appoint a presiding judge.”
Hmmm … I have both questions and comments regarding this rather rapid ‘coincidental’ recusal of ALL 12 Judges on the VERY SAME DAY that this indictment was handed down …
1) QUESTION: When did all 12 of these Judges become apprised of the indictment so that they could communicate ‘en banc’ in such short order … prior to Letten’s return or before ?
2) COMMENT: Given the seemingly collateral timing of these two events … we could reasonably surmise and I suggest they knew prior to the public disclosure … that’s the only thing that would explain such swift reaction … and with all 12 in accord … that quick … Really ? … WOW !
3) QUESTION: Is the relationship of all 12 Judges with Jay Wilkinson, only an employee of these very same Judges, that sensitive to demand such a wholesale default by each and every Judge of their sworn duty to serve Justice ? Are there relationships in and between these Judges that are so intertwined with Aaron Broussard, that not one the 12 Judges could sit for these Criminal proceedings ?
4) COMMENT: If in fact their recusal was based on Jay Wilkinson’s brother being indicted and subject to appear before any one of them, then why in the fuck didn’t Judge Berrigan and Judge Lemelle, or for that matter all 12 of these Judges recuse themselves ‘en banc’ from sitting in any matter concerning River Birch, Fred Heebe, Jim Ward, Dominic Fazio, Henry Mouton and/or any other person or entity that has any association with River Birch, personally and/or professionally … having FRED HEEBE, SR., who continues to sit in Senior Status and a member of that Bench some 40 years, is a much more compelling enough reason for such an unusual recusal … and much more substantive than a relationship between an employee and his brother.
Like sharkpuppet, I believe that these Judges in the EDLA were faced with a dilemma, the “Porteous Plight” … a web of quandaries soon to evolve that can be avoided by bowing out and having no one question your solemn duty as sworn to in performing your duties … that they knew very well that this indictment was coming down and that they know there will be many, many more to come …
And it may well be the opportune time to confront a pre-existing and apparent parodox … the “Judge Heebe” conflict …
I would hope that the lawyers for the US Attorney’s Office, Anne Marie Vandenweghe, Waste Management, Concrete Busters et al, take pause, and with attentive reflection of this most recent unusual and cursory ‘en banc’ recusal, consider moving for a similar act of recusal regarding ALL MATTERS relating to River Birch !
my apologies … typo correction … should read 'ALL 15' (not 12) Judges
‘Gate as I just told you on the phone it doesn’t matter if it’s 12 judges or 15 Judges or 9 Judges or 18 Judges, the way I see it is that there is an underlying agreement between the EDLA Court and the DoJ; that these 15 Judges step aside so as not to have any potential conflicts between them and the oncoming number of people from Jefferson Parish who have been and are going to be indicted.
Frankly the En Banc recusal makes sense. As Judge Jones already knows, having previously dealt with the Porteous impeachment matter, GretnaMentality is imbedded deep and wide within the EDLA. The way I see it, she’s done them a favor and they, all 15, may not even know it yet.
I’ve read Post Turtle’s comment expressing reservations about the appointment of Judge Head because Porteous was sent there (presumedly to the Federal Court in Corpus Christi) to handle cases. Yes, it is possible, if not probable, that Judge Head met Porteous, but that doesn’t equate to they’re becoming whore-mongering drinking buddies. One could reasonably argue the opposite. That like Judge Jones, Judge Head found Porteous to be an anathema to the decorum demanded of a Federal Judge, an anathema which he and Judge Jones acknowledged they both shared.
More on Judge Hayden Head:
http://judgepedia.org/index.php/Hayden_Head
http://faculty.rwu.edu/dzlotnick/profiles/head_fi…
http://texaspowerbrokers.blogspot.com/2007/01/hay…
http://www.caller.com/news/2009/jan/28/chief-us-d…
http://judgepedia.org/index.php/Samuel_Kent
Look, there’s no way for anyone to guarantee us that Wilkinson and Broussard will get what they deserve, but looking at Judge Head’s bio, I think we got a fair shot that the fix isn’t in. And from what I’ve read in the articles above, they and all the other thugs are probably going to jail.
Like I told you 'Gate I'm on this like gravy on rice. Like you, I'm seeing things happen that I had given up on. Yea, just like the white boys you said wouldn't get the stick up their ass. Well they have and you can bet it fucking hurts.
I’ve learned to see things by listening and reading. And everything I see is not the sign of how I might want things to be. Sometimes they are what they are. Well not everything’s a sign, and I’m not lost. However these are some signs that look like we may seeing something like a political earthquake hitting Jefferson Parish.
First thing was hearing that the FBI agent in charge here in the EDLA had his mandatory retirement waived by Washington DC so that he could continue the Jefferson Parish Scandal investigations. That's a good sign.
Secondly, I hear scuttlebutt that US Attorneys from DC, Virginia, New York, Atlanta and Nashville are and have been involved in the development of these JP Scandal investigations, as directed by the FBI. That's a National sign don't you think.
Then unexpectedly an indictment is handed down charging the TOP politician of Jefferson Parish, Aaron Broussard, and his Parish Attorney, Tom Wilkinson, of payroll fraud, along with Broussard's x-wife. I can’t even imagine what their politico thug buddies thought or for that matter what they are thinking now. WHAT? ME TOO ? And you can bet a River Birch indictment is right around the corner for these two thugs also.
And now we have all the Judges of the EDLA recused on the same day the indictment is made public. Something’s up, and I think it’s a good sign for us that Judge Jones appointed Judge Head. Judge Head, like Judge Jones in the Porteous case, had to deal with an impeached scumbag, Judge Samuel Kent. Judge Kent was subsequently sent to prison on superseding charges of sexual misconduct stemming from his impeachment charges. Seems like Justice in Texas ain't like here where you have a Judge NOT GO to jail for perjury. A Judge like Roy Bean would be a good sign.
The way I see it, this a great new day for the majority of citizens in Jefferson Parish even though they are unaware of the reasons why.
Sensing that the en blanc recusal is highly unusual can I poll the SlabbedNation with the idea of a change of trial venue also to prevent the selection of sympathetic JP political jurists to create a hung jury.
I say this because of the "Superman" like political powers we have seen exhibited by Lil' Napoleon.Namely the ability of a politician, who caused hundreds of millions of property damage on the eastbank , to politically arrange to have only one weak opponent and end up winning re-election by buying heavy political votes on the westbank.
The feds tried Edwards in NOLA and not Baton Rouge I believe for this very same reason.
Think about the fact that many, many other people in the area may have had glasses of champagne with Lil' Napoleon other than Stephenie Grace or the relatives of those privileged people to have associated privately over the last 25 years in the area. And what is the reason Lil' Napoleon has chosen a less then acclaimed defense attorney, Mr.Jennings, momentarily to represent him. Will he be used primarily to select and massage African-American potential jurists.
And I haven't even addressed the same analysis of the other main co-conspirator Mr. Wilkinson or that of his brother Jay.
LIVE RECUSAL HEARING with testimony and evidence of "reasonable appearance" of impropriety UNDER S 455 IS REQUIRED. JUDGE HAYDEN HEAD NEEDS TO ORDER AND HOLD A REQUIRED RECUSAL HEARING AND GO INTO MERIT'S AND PRIOR TO ANY FURTHER CRIMINAL PROCEEDINGS.
REASONABLE APPEARANCE BY LAW S 455 IS OBVIOUSLY PRESENT WITH SENIOR N. O. FEDERAL JUDGE FOR THE LAST 45 YEARS, JUDGE HEEBE DUE TO THE JUDGE'S BIOLOGICAL SON AND RIVER BURCH BEING CRIMINALLY INVESTIGATED. HELLO, WHERE IS THE EN BANC RECUSAL FOR MOUTON, TITUS, FAZZIO LEADING UP TO FREDERICK R. HEEBE COMING INDICTMENT.
I DO NOT FEEL WNY OF THESE WILL MAKE IT TO TRIAL, SO BIAS JURY POOL IS PROBABLY MOOT.
JUDGE HAYDEN HEAD, WHY NO EN BANC RECUSAL DUE TO A 45 YEAR N.O. FEDERAL JUDGE'S SON. WHERE IS THE REASONABLE APPEARANCE MISSING FOR THAT FACT?
I just want to give the Members of a SLABBED Nation a "chuckle" and simultaneously ensure myself a line or two in "the history books". Did you know that Ashton O'Dwyer shares space with Aaron Broussard, Karen Parker and Tom Wilkinson, in that the ENTIRE Eastern District Bench recused itself in O'Dwyer's criminal case, Civil Action No. 10-034 on the Criminal Docket. Unfortunately, the Judges and Magistrates didn't give any more cogent reasons for doing so in my case than they have in the Broussard, Parker and Wilkinson cases, which keeps all of us "guessing" about what's REALLY going on and coming down. Here's hoping that when my personal or KATRINA litigation is released from "limbo" that it gets assigned to a FAIR, IMPARTIAL and UNBIASED Judge from outside the Eastern District (and hopefully, Louisiana, Texas or Mississippi). Sign me: "Still trying to make history", Ashton O'Dwyer.
AROD: In LAED history you may share that one thing in common but as far as telling the truth, being totally politically incorrect, being an acclaimed lawyer , not being a cry baby and correctly telling the U.S. Government to back off your civil rights to occupy and defend your domicile, you clearly separate yourself from them.
As far as making more history well let's just thank the Lord you were NOT HISTORY, like in the past tense, like breathless, like DOA at the Greyhound-Amtrak station.
Ashton, in all truth (chuckle, chuckle ) it wasn't they didn't want you dead but like all other politically persecuted persons raising civil rights issues they did not want to make you a martyr cause there could have been urban riots and fires, then next a national holiday declared in your beloved name and finally a bronze monument in Wash, D.C..