The BLT: The Blog of Legal Times

ACLU Hires Republican to Lobby on Criminal Justice

Updated 4:47 p.m.

In a move intended to bolster the organization's influence with congressional Republicans, the American Civil Liberties Union has hired LeClairRyan partner and former federal prosecutor Michael Volkov to lobby on a range of issues.

Laura W. Murphy, director of the ACLU's Washington legislative office, said Volkov, a Republican, will promote the organization's stance on the Voting Rights Act, the National Defense Authorization Act and criminal justice issues including mandatory minimum sentences and prison overcrowding.

The ACLU is "absolutely" looking to harness increasing popular support for libertarian and conservative ideas about the limits of government and individual rights to privacy in advancing its mission, Murphy said. In the past, the organization has been criticized from both sides of the aisle for stances it has taken on various issues—a result Murphy pinned on its nonpartisan approach.

D.C. Judges Present 'State of the Courts' at Bench-Bar Conference

Despite financial belt-tightening over the past few years, District of Columbia Court of Appeals Judge Eric Washington said today that the local judiciary is "strong" and moving forward with projects to improve court infrastructure, public outreach and the delivery of services.

Washington, along with District of Columbia Superior Court Chief Judge Lee Satterfield, delivered reports today on the state of their courts, as well as the system as a whole, at this year's District of Columbia Judicial and Bar Conference. This year marked the 37th annual bench-bar conference.

The event was also a celebration of the D.C. Bar's 40th anniversary and featured an afternoon panel on changes in the legal community since 1972 and how local firms may need to adjust to meet the needs of a more client-centered market.

Senator Holds Fast to Principle with 'No' Votes for Judicial Nominees

Updated 4:13 p.m.

Sen. Mike Lee (R-Utah) voted against a federal judicial nominee today that he actually supports. Although that sounds like a mistake, Lee did this on purpose.

The reason: Lee got caught between a nominee and a hardened political stance during a Senate Judiciary Committee hearing on Capitol Hill when it came to Robert Shelby, a non-controversial nominee for district judge in Lee’s home state of Utah.

Lee has voted against all of President Barack Obama’s nominees as a response to Obama’s controversial recess appointments to consumer and labor boards in January. And he didn’t back down today.

D.C. Appeals Court Upholds Dismissal of Defamation Lawsuit Against AIPAC

The District of Columbia Court of Appeals issued a ruling this morning upholding the dismissal of a defamation lawsuit filed against the American Israel Public Affairs Committee (AIPAC) by former employee Steven Rosen, who was fired following his arrest on espionage charges in 2005.

The charges were later dismissed, but Rosen sued AIPAC in District of Columbia Superior Court in 2009, claiming that statements AIPAC made to the press about him were defamatory; AIPAC had said that Rosen's behavior didn't comport with standards the lobbying group expected of employees. A trial judge granted AIPAC summary judgment in early 2011, and Rosen appealed.

In today's opinion (PDF), a three-judge appeals panel agreed with Superior Court Judge Erik Christian's finding that AIPAC's statements weren’t based on facts that could be verified objectively, and as a result couldn’t be "provably false," a standard for defamation claims.

Williams & Connolly Challenges DOJ Asset Forfeiture Action

Updated 5:09 p.m.

Lawyers in Washington representing three corporate investment accounts at UBS Financial Services in Miami are mounting a legal challenge to unlock tens of millions of dollars that the U.S. Justice Department contends is linked to an illegal gambling operation in the Dutch Caribbean.

A federal trial judge in Washington issued a restraining order in August at the request of federal prosecutors. The Justice Department moved to restrain the money amid a four-year criminal investigation in Curaçao.

The authorities in Curaçao, according to the Justice Department, believe the gambling operation has generated at least $60 million in proceeds. A businessman named Robertico Alejandro dos Santos was arrested in April in Curaçao on charges that include money laundering, forgery and tax fraud. DOJ's request to enforce a foreign restraining is here (PDF).

At issue in the forfeiture action in Washington’s federal trial court are three UBS accounts in the name of Ponsford Overseas Limited, Caribbean Investment Group Ltd. and Tula Finance Ltd. The law firm Williams & Connolly, representing the three companies, this week filed court papers challenging the propriety of the continued restraint of the assets.

The Morning Wrap

High Court: Tony Mauro reports that the Supreme Court appeared ready to uphold the controversial Arizona immigration law that was argued Wednesday.

"Very Disturbed": The lawyer of a man executed Wednesday in Arizona wants to find out if his client felt any pain after the man visibly shook for several seconds shortly after he was given the one-drug cocktail. The Associated Press reports.

Testify: Rupert Murdoch testified before a British judicial inquiry over his relationships with British politicians and apologized for not averting the hacking scandal. The New York Times reports.

Victory: The Washington Capitals defeated the defending Stanley Cup champion Boston Bruins Wednesday evening 2-1 in overtime to advance to the Eastern Conference Semifinals. The Washington Post reports.

DOJ Ordered to Pay $2.24M in Legal Fees in Property Dispute

A federal judge has ordered the U.S. Justice Department to pay more than $2.24 million in legal fees and costs in a long-running dispute over the conversion of private land for public use.

The market value of the land in dispute? About $883,000.

The government wasn't disputing the fact the plaintiffs’ lawyers were owed some compensation in the Rails to Trails case in Idaho federal district court. But DOJ argued the requested fee amount was far from reasonable, saying an award of about $685,000 was appropriate. The landowners’ attorneys said they should receive $2.4 million.

DOJ lawyers “vigorously contested” the litigation for nearly a decade before reaching a settlement with the land owners, a federal magistrate judge, Mikel Williams, said in his ruling this month.

Aerospace Manufacturing Company Hires Ice Miller as New Lobbyist

Ice Miller Strategies notified Congress on Monday that the firm is representing aerospace manufacturer Hawker Beechcraft Corp., according to a lobbying registration filing.

The registration was filed on Monday, the same day that Hawker Beechcraft passed out 60-day layoff notices to 350 of its Wichita, Kan. employees.

Ice Miller is lobbying on “Department of Defense programs” and “House and Senate Defense Authorization and Appropriations bills,” according to the filing. Ice Miller Strategies CEO Graham Hill and principal Clayton Heil are handling the account. Andy Mueller, senior adviser for defense and homeland security programs, and Nicole Elam, director of federal affairs, are also listed on the filing.

Defense Lawyer Reviewing Evidence In Federal Immigration Agent's Death

A trial date for a man accused in the murder of a federal immigration agent could be picked in September, a judge in Washington said today.

The U.S. Justice Department extradited Julian Zapata Espinoza from Mexico to the United States in December to stand trial here for his alleged role in the shooting death of Immigration and Customs Enforcement agent Jaime Zapata in Mexico.

Zapata and a colleague, ICE Special Agent Victor Avila, came under attack in Mexico in February 2011. Zapata was killed. Avila survived. Espinoza, also known as “Piolin,” is also charged with attempted murder. A grand jury brought charges in U.S. District Court for the District of Columbia last year.

In Armenian Genocide Museum Dispute, Judge Recommends $1.4M in Attorney Fees

Efforts to build a museum in Washington memorializing the mass killings of Armenians during World War I have been stalled since the early 2000s, but attorneys involved in years-long litigation surrounding the project's failure are one step closer to being paid.

Litigation over who was to blame for the lack of progress pitted a group of museum trustees against Minnesota philanthropist Gerard Cafesjian, who donated millions of dollars towards the project and was deeply involved in planning for several years. The Armenian Assembly of America sued Cafesjian for breach of fiduciary duty in U.S. District Court for the District of Columbia.

A Washington federal judge ruled in Cafesjian's favor last year, but fights over attorney fees and allegations of legal malfeasance have persisted. Following a hearing last month on the attorney fees dispute, U.S. District Magistrate Judge Alan Kay issued a report (PDF) yesterday recommending $1.4 million be paid to Cafesjian's legal team, which was led by attorneys from Jones Day.