I sure do as the blogger who would become known as Bam Bam Bigelow authored the post on him for Slabbed late last month. Yesterday Judge Jed S. Rakoff lowered the boom on both Bank of America and the captured (and toothless) regulators at the Securities and Exchange Commission. Nowdy, I sure do miss that SEC employee who had plenty of time to come here and trash the Rigsby sisters back in 2008 before George Bush and his band of idiots had to vacate DC taking their political hacks with them. After all what was evidently more important at the SEC in 2008 than trashing whistleblowers? It sure as hell wasn’t regulating these companies that took us all to the verge of bankruptcy last year.
The New York Times has the story with a hat tip to Professor Russ Abbott who was kind enough to link our earlier coverage. Welcome to slabbed Russ:
As President Obama traveled to Wall Street on Monday and chided bankers for their recklessness, across town a federal judge issued a far sharper rebuke, not just for some of the financiers but for their regulators in Washington as well.
Giving voice to the anger and frustration of many ordinary Americans, Judge Jed S. Rakoff issued a scathing ruling on one of the watershed moments of the financial crisis: the star-crossed takeover of Merrill Lynch by the now-struggling Bank of America.
The judges name is Jed S. Rakoff, and he “sits” in the US District Court of Manhattan. He’s a man I could address as “Your Honor,” and sincerely mean it. He isn’t shy about stating that the public must be able to “see” what our court system is doing if they are to have any confidence in it at all. He’s adopted strict rules limiting what sort of materials may be kept confidential in cases before him. He calls this “transparency,” but what he’s really saying is this . . . every time a court does something under the table, (like sealing State Farm’s documents without any basis whatsoever), it demeans the justice system and destroys people’s belief in their government.
We all know how corporate defendants constantly game the system with their pseudo “trade secret” claims. Good God, think of the horror stories posted on this blog alone. Sadly, these shameless lies presented in signed court papers governed by Rule 11 honestly standards are rarely subjected to the mandatory test for excluding discoverable information: (1) the movant has the burden of proving everything they withheld is a bona fide trade secret; and (2) a record finding must be made, based on facts and/or testimony, and the controlling law in discovery cases; and (3) all of this must be preserved in a public court record, susceptible to appellate review.
Contrast Judge Rakoff’s “transparency” with what happened in Birmingham, corporate rat’s nest of the South. Not only were documents concealed, hell, the entire case against Cori and Keri Rigsby was ginned up to keep evidence of federal flood program fraud a secret, and at the same time persecute and defame the Rigsbys and Dick Scruggs as document thieves. Imagine that. What would people like Oliver Wendell Holmes and Benjamin Cardozo do if they were alive to witness an Article III Tribunal, a United States Federal Court involved in this sordid and illegal mess? Imposing personal jurisdiction over persons not even within the court’s constitutional power . . . for the purpose of concealing a multi billion dollar fraud upon the US Treasury? Continue reading “Here’s a judge who took an oath of office, and lives up to it. An anonymous guest post.”
You really have to see it to believe it! Last week, when Judge Duval issued an order saying that he would use the Plaintiffs’ “chart of objections” to the governments’ exhibits as soon as the government provided him a copy, he clearly wasn’t happy with the delay or the chart.
It must have taken him all weekend as there were 1482 exhibits when he ruled on every single one in an Order yesterday – in chart form!
Editillia left a comment about all the press the case has been getting; so, I climbed his Ladder and brought a few back.