On Feb. 8, plaintiffs in the last remaining Pershing Park case filed a request that would broaden the scope of the U.S. District Court's inquiry into the case's discovery abuse. Plaintiffs attorneys are asking the judge to look into the alleged issues with the D.C. Police Department's video coverage of the mass arrests at Pershing Park on Sept. 27, 2002.

U.S. District Court Judge Emmet Sullivan is already set to hire a forensic examiner to determine how the running resume  (the department's own reported log of events) went missing, and how the department's radio dispatches went dead around the time the arrests were made.

The problematic video tapes turned over by the Office of the Attorney General may be the latest example of the discovery abuses. So far, AG Peter Nickles has thrown up some really lame excuses for why the video footage appears so corrupted.

Read More "Pershing Park Case: Let’s Go To The Videotape!" »

In a recent hearing in the Pershing Park case, Judge Emmet Sullivan warned D.C. Attorney General Peter Nickles that he "was playing games with the wrong judge."

In a filing last week [PDF], plaintiffs lawyers suggest Nickles is not taking Sullivan's threat seriously.  Lawyers in the Chang case assert that the crafty AG is still playing games with discovery.

Nickles and Co. had handed over 3,000 pages of material to plaintiffs. The only problem: these pages were overly redacted. In some cases, entire pages were blacked out. Nickles is required by law to justify each redaction. In this case, the marked-up pages came without explanation.

This is the third time Nickles has used this redaction tactic.

Read More "Pershing Park Case: Peter Nickles Continues To Fight Discovery" »

In this morning's hearing in U.S. District Court, Judge Emmet Sullivan edged ever closer to referring the Pershing Park case to the Department of Justice---signaling he's close to handing the matter over to Attorney General Eric Holder.

But first, Sullivan wants to order up one more investigative tool at his disposal: some serious tech support.

Following up on the recommendations in the Sporkin Report, Sullivan ordered that he would hire a forensic examiner to investigate the missing and/or destroyed evidence in the case. He added that the examiner would be selected based on recommendations from both parties and would be paid for by the District.

It was unclear whether the forensic examiner would study both the missing running resume issue and the gaps in the radio tapes from the mass arrests in Pershing Park on Sept. 27, 2002.

"I think it should be someone appointed at the discretion of the court," Sullivan stated. "And the city is going to pay for it."

Read More "Pershing Park Case: Bring On The Forensic Examiner" »

After D.C. police mass-arrested about 400 people at Pershing Park on Sept. 27, 2002, they hog-tied their quarries, cuffing their right wrists to their left ankles. The restraint left the arrestees in painful, circulation-stopping positions.

Surely there was a good reason to treat these peaceful protesters and passersby like pork, right? Like, they were a threat to throw garbage cans through plate-glass windows. Or they were getting ready to storm the White House. Or perhaps they aspired to stop traffic.

Wrong, wrong, and wrong.

The cops had a much more compelling motive---to stop the arrestees from feeling each other up, and fucking. Which, of course, is what invariably happens after a mass arrest.

This particular episode in the long-running program "Reality Beats Fiction" comes courtesy of Cathy Lanier, the current police chief who at the time of Pershing Park held a top position in the department. Lanier was among the police officials who helped devise hogtying as a form of protest suppression.

In an after-action report, a police official wrote up an interview with Lanier in which she allegedly stated that the technique "was used to prevent escape, protect the protesters from one another, and to prevent them from committing sexual acts with each other."

Lanier's flexi-cuffs-as-chastity-belt defense had long been a howler among the D.C. Council, a body that has investigated Pershing Park. What has made this less funny is that other officials chose to parrot her defense.

Read More "Cathy Lanier: Hogtying Detainees Prevented Mass Fornication" »

Late last Friday, Ret. Federal Judge Stanley Sporkin's investigative report [PDF] on Pershing Park was made public. The long-awaited document totaled 18 pages and included findings based on interviews with 14 individuals. Legal Times declared the report's conclusions "fairly modest." The report found  no smoking gun, WaPo observed. After a quick read of the report, we found much to admire in its findings.

On closer inspection, the Sporkin Report includes startling new testimony and/or conflicting statements from witnesses. The report will surely not be the last word on the missing evidence.  Let's review.

Read More "Pershing Park Case: Sporkin Report Reviewed In Detail" »

In a few days, retired judge Stanley Sporkin will issue his report on the discovery abuses in the Pershing Park cases. It seems unlikely that he will find out just who destroyed the running resume and erased key portions of the radio communications on Sept. 27, 2002. So how will authorities get to the bottom of this alleged cover up?

During last week's hearing on the cases, Judge Emmet Sullivan suggested that he would refer the matter to the feds if there was a hint of criminal wrongdoing in the evidence destruction.

In an interview with City Desk, Councilmember Mary Cheh says she welcomes the U.S. Attorney's Office's or the Department of Justice's involvement.  "This appears to be an extraordinary cover up," she explains. "Somebody ought to be held accountable."

Read More "Cheh: Pershing Park Case Should Be Sent To Feds" »

Earlier this week, U.S. District Court Judge Emmet Sullivan warned AG Peter Nickles: "You're playing games with the wrong judge." Sullivan was referring to the AG's near endless stall tactics in the Pershing Park cases. These tactics include attempting to preventing depositions from being taken, and fighting the release of documents to the public. But what about Sullivan's characterization that Nickles is playing games?

In an effort to answer that question, City Desk offers a play-by-play concerning the testimony of Det. Paul Hustler.

Read More "Pershing Park Case: The Games Peter Nickles Plays" »

On November 17, U.S. District Court Judge Emmet Sullivan confronted AG Peter Nickles on his recent attempts to bar witnesses from being deposed and for general feet dragging in the Pershing Park cases  [PDF].

Sullivan ordered depositions to take place. He then stated that there would be serious penalties levied against the District if it failed to cooperate:

"If any depositions are canceled, I'm going to start imposing fines of $1,000 per day for any depositions that the City sua sponte cancels, and I will impose additional sanctions as well. But that Hustler deposition will take place in this courthouse and be under the supervision of a magistrate judge and there will be marshals present as well. I'm not going to play games."

With that, Sullivan turned to the attorney general: "Mr. Nickles, you're playing games with the wrong judge....I'm telling you, you're playing games with the wrong judge."

Read More "Sullivan to Nickles: ‘You’re Playing Games With The Wrong Judge’" »

An affidavit filed today in U.S. District Court raises questions as to whether former D.C. Police Chief Charles H. Ramsey may have committed perjury in his sworn testimony about the Pershing Park fiasco. Ramsey had repeatedly stated in depositions that he had not ordered the mass arrest of approximately 400 people during the Sept. 27, 2002, World Bank/IMF protests.

Yet the affidavit, by Det. Paul Hustler, a 22-year D.C. Police veteran, maintains that Ramsey indeed ordered the arrests.

Read More "Affidavit: Ramsey Ordered Pershing Park Arrests" »

In late July, U.S. District Court Judge Emmet Sullivan called for an investigation into the discovery abuses in the Pershing Park case. Sullivan suggested that the D.C. Council should get to the bottom of how evidence went missing or got botched.

Councilmember Mary Cheh called for AG Peter Nickles to resign. Councilmember Phil Mendelson, who heads the Judiciary Committee, stated that he "definitely" would be considering an investigation into the matter.

Now, a D.C. Council investigation appears unlikely.

Read More "Pershing Park Case: Council Hearings Unlikely" »

AG Peter Nickles had promised to settle the Pershing Park cases by Thanksgiving. If he wants to make good on that promise, he might start with picking up the phone, and meeting with the plaintiffs lawyers. According to one lawyer, Jonathan Turley, the attorney general has yet to even call him.

While Nickles may not be such a goodwill ambassador, he did promise the courts that plaintiffs would see a nice payday soon. In late September, Nickles told U.S. District Court Judge Emmet Sullivan that he would personally direct settlement talks. He boasted of making huge breakthroughs in the negotiations, and stated that he expects the cases to be wrapped before the Macy's Parade. Yesterday, Nickles announced a settlement in an unrelated protester case, and again expressed hope that the Pershing Park cases would be resolved within weeks.

Turley, who represents plaintiffs in one of those cases (the Chang case), says Nickles has actually shutdown talks. "Despite the statement by AG Nickles that he was going to settle these cases," Turley explains, "he canceled all settlement negotiations with the Chang plaintiffs soon after leaving Judge Sullivan."

Read More "Pershing Park Case: Is Peter Nickles Ready To Deal?" »

In the past few weeks, the Office of the Attorney General has waged a curious battle against plaintiffs in the Pershing Park case.

Attorney General Peter Nickles & Co. fought over whether plaintiffs could depose a government witness. They lost that battle and the deposition provided devastating evidence of more discovery abuses.

The losing fight over the depo has yet to put a dent in Nickles' M.O. The AG has not backed down from further stonewalling in the cases. In a curious move, the OAG argued in federal court filings that plaintiffs should return 211 pages of documents claiming that they were "mistakenly produced." The OAG contended that these documents were attorney-client work product.

Last night, Legal Times reported that U.S. District Court Judge Emmet Sullivan ruled against Nickles on the matter.

So what are these mystery docs?

Read More "Pershing Park Case: Read The Document Nickles Didn’t Want You To See" »

After some last minute stonewalling by the Office of the Attorney General, Pershing Park plaintiffs were finally allowed to depose a District employee concerning the vast discovery abuses in this mess of a case. Backed up by a court order, the employee was deposed on October 23. According to a filing submitted in U.S. District Court yesterday, the deposition exposed new  discovery abuses.

What are those new abuses?

During discovery over the cases, District employees culled e-mails related to Pershing Park. There were so many e-mails found that they needed a flatbed dolly to transport the documents. Those thousands of pages were carted to the office of the D.C. Police Department's general counsel.

Years later, the documents have not yet been turned over to plaintiffs attorneys. Even after the U.S. District Judge Emmet Sullivan slammed the city for its discovery failings this past summer. Even after AG Peter Nickles promised a thorough case review and document dump.

How do the lawyers know this? The District's own witness---Kimberly Thorpe---told them in last week's deposition.

Read More "Pershing Park Case: New Discovery Abuse Shocker" »

At this point in the whole Pershing Park court mess, AG Peter Nickles is supposed to just play nice and hope the two big cases settle. Nickles offered up his problematic mea culpa and promised that settlements would be forthcoming. It appears his sweet talk has an expiration date.

Last week, plaintiffs lawyers in the Chang case filed an emergency motion to get the OAG to comply with a request to take a deposition. The plaintiffs lawyers wanted to depose a District official "regarding the District's preservation or lack thereof of electronically stored materials, including e-mails."

This deposition goes to the heart of the entire court mess. And it may be important since the D.C. Council hasn't come close to investigating the Pershing Park discovery problems or the missing evidence in the case.

But the OAG decided to prevent such a deposition from taking place. The lawyers write in their motion:

"Two days before the deposition was to go forward, District counsel unilaterally and without cause announced that the deposition was cancelled, suggesting that it continues to believe its litigation strategy of discovery abuse can continue without consequences."

More on this drama after the jump.

Read More "Pershing Park Case: OAG Reverts Back To Stonewalling" »

Seven years on and still more government documents being "found" and turned over to plaintiffs attorneys in the messy Pershing Park case. Today, AG Peter Nickles filed a notice that roughly 2,000 pages of documents had been produced for the plaintiffs. This is not the first of such notices nor will it be the last.

Nickles writes to the court that "these documents were located as part of the District's sweeps of the OAG Civil Litigation Division." Also included with the production was a privilege log reflecting documents redacted or withheld.

Read More "Pershing Park Case: OAG Finds 2,000 Pages Of Discovery Materials" »