SLABBED Daily – May 7

Where to start? Hoping this connection will hold is probably the best place to hang my hat before diving into the morning news.

The Clarion Ledger reports the not unexpected death of Jackson Mayor Frank Melton and surprising  return of Dick Scrugss to the federal prison in Ashland, KY.

Scruggs had been at the Lafayette County Detention center since pleading guilty in early February to a second bribery related scheme. During his plea hearing at the federal court in Aberdeen, prosecutors announced Scruggs’ cooperation had LED to further investigations.

On Tuesday, Scruggs’ attorney John Keker, who was in Oxford, would not comment.  Prosecutors have refused to comment about whom or what they are investigating, but have confirmed there is an ongoing investigation related to Scruggs.

Y’all Politics adds an even more surprising note to the Scruggs story – the much talked about  P.L. Blake has retained legal counsel that includes blogging Oxford attorney Tom Freeland, famed for his earlier representation of “beef plant” defendant Robert Moultrie and protective blogging of  long-time family friend, Judge Lackey.

Speaking of the use and misuse of information, what does an FBI investigation have in common with a spying spouse?  A reader sent the answer to that question.

At least someone was awake to answer – unlike those Asleep at the Fed who cause others to have nightmares.

If time permits and my connection holds, I’ll add new pictures of the post-Katrina coast and a couple of posts during the day.

Judge Acker grants Scruggs motion to release security to satisfy judgment begrudgingly

Judge Acker issued his Memorandum and Opinion today on Scruggs’s motion to release the cash “deposited with the Clerk as security pending appeal to E.A. Renfroe & Co. Inc. in satisfaction of the civil contempt sanctions entered against Scruggs and the defendants.”  Also, the Rigsbys have filed a motion for a mediation order, today as well.  Busy day in Alabama.  The motion for a mediation order was suggested by the judge on Monday. The Rigsbys took him up on the offer.

I suspected that Judge Acker was waiting on issuing his order on Scruggs’s motion because he was going to have to do something reasonable but didn’t really want to.  My guess was correct! 

The court voiced its incredulity and its concern over granting the said motion without caveat.  The court made clear that the motion will be granted only with the court’s disclaimer of any belief that there will remain any right by Scruggs and/or by the Rigsbys to appeal and/or to recover from Renfroe the amount of the satisfied judgment in the event of a successful appeal by anybody.

But he was extremely impressed with Scruggs and counsel’s brief filed with the Eleventh Circuit filed on June 19, 2008 quoted in the memo: Continue reading “Judge Acker grants Scruggs motion to release security to satisfy judgment begrudgingly”

Fool me once, shame on you!

From the hearing on motion to disqualify the dumbass judge in December 2007 after he’s “told Renfroe to move for Civil Sanctions”:

First, Judge Acker:

Now, whatever I said, and I can’t remember the quote, that triggered or generated the request by Renfroe to hold both Scruggs and the Rigsbys in civil contempt in the form of sanctions, monetary sanctions. Quite frankly, when I put that down, I wasn’t thinking about Scruggs. I was thinking about the Rigsbys.

I’m not saying that they misread me or that they were wrong in seeing that opportunity or the possibility in what I said to seek civil sanctions against Scruggs also. And they did. And that’s why we’re here..

Then, it’s Keker, representing Scruggs:

The only way you get jurisdiction over non-parties is if they aid and abet a contempt. And here there wasn’t any contempt to aid and abet you so found. Therefore, no jurisdiction; send us home. The 11th said not yet; let the district court decide this.

The next thing is that you suggest to them that they take another look at whether or not the Rigsbys are in contempt. What we think is that that’s a very shrewd, tactical move by an excellent first class prosecutor to shore up the jurisdiction in his case. And by prosecutors, I’m referring to you. Continue reading “Fool me once, shame on you!”

Sweet Home Alabama?

I don’t think Dickie will think so. Scruggs filed an emergency motion for relief (exhibits). He didn’t get it. Remember he was ordered by Judge Walker in McIntosh v. State Farm to produce documents. He asked for reconsideration of that order but was denied. He asked Judge Acker for Injunctive Relief:

[W]ithout waiving claims relating to the jurisdiction of this Court over Scruggs, respectfully move this Court for relief from the Preliminary Injunction and Protective Order issued by this Court on December 8, 2006 (Doc. 60)1, for the limited purpose of complying with an order issued by the United States District Court for the Southern District of Mississippi. This motion is styled as an “emergency motion” because Scruggs has been ordered to respond to the Mississippi order by July 7, 2008, and Scruggs seeks relief from this Court prior to that time. Continue reading “Sweet Home Alabama?”