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" »

The back-and-forth continues over the Pershing Park mess in U.S. District Court. Today, AG Peter Nickles filed his response to former Councilmember Kathy Patterson's letter to Judge Emmet Sullivan on Aug. 20.

In his barely three-page response, Nickles provides a nearly substance-free denial of Patterson's claims that his sworn statement had contained inaccuracies. Last week, Nickles had expressed his displeasure to the court that Patterson had jumped into the fray and that her letter had been made public. Again, it all centers around the discovery problems.

Read More "Pershing Park Case: Nickles Responds To Patterson’s Charges" »

Today, plaintiffs attorneys in one of the Pershing Park cases filed their response to AG Peter Nickles' sworn statement submitted to the court on August 12. The plaintiffs' response is a 26-page takedown of the OAG's and the D.C. Police Department's conduct in the case as well as a refutation of Nickles' own sworn declaration [PDF}.

At issue: the missing evidence, doctored or missing radio dispatches, and a discovery process that has lasted for years without an end in sight. Nickles' statement apparently has done little to assure plaintiffs that they will be getting a full accounting of what happened during the mass arrests at Pershing Park---and what happened to all that missing evidence.

The attorneys state that they were so disappointed with Nickles and Co.'s representations to the court, they can only form one conclusion: the need for an independent investigation, and "severe sanctions."

Read More "Pershing Park Case: Plaintiffs Call For ‘Independent Inquiry’" »

On August 12, AG Peter Nickles submitted his sworn statement to U.S. District Court Judge Emmet Sullivan. By now, the statement has been read by several Pershing Park experts. Their verdict: Nickles' statement needs a re-write! Councilmember Phil Mendelson and Former Councilmember Kathy Patterson caught several possible errors.

Mendelson took issue with Nickles' claims that the D.C. Council had prevented him from instituting reforms at OAG and had cut OAG's budget. Patterson found fault with Nickles' assertion that his attorneys had been blocked from getting materials discovered in the council's Pershing Park investigation. Patterson says the majority of those materials were made available to the public along with her detailed  final report.

Today, City Desk reached Councilmember Mary Cheh. Cheh had helped lead the D.C. Council's investigation into the mass arrests at Pershing Park.

Her take on Nickles' statement: "This is an attempt to exonerate himself from any liability," she says. "From what I can tell, he has misled the court....This is just an erroneous, unreliable self-serving statement on his part."

Read More "Pershing Park Case: Cheh Joins Others In Slamming Nickles’ Statement" »

Along with AG Peter Nickles' statement and Designated Fall Guy Tom Koger's statement regarding evidence issues in a Pershing Park case, top D.C. Police Department lawyers also submitted statements to U.S. District Court Judge Emmet Sullivan (pictured).

In his declaration, Ronald B. Harris, a D.C. Police Department lawyer, makes it clear that he had prepared early on for litigation stemming from the mass arrests which took place on September 27, 2002. In October of that year, he stated that he contacted then-Captain James Crane, who headed up the police's communications unit, and requested the radio communications related to Pershing Park. He states:

"I realized the radio communications would be important to restain after hearing witnesses testify at a District of Columbia Council Judiciary Committee hearing about police misconduct. The communication tapes would be needed for a possible department investigation called for by the committee chairperson and the committee's own investigation that the committee chairperson stated would be conducted into the department's handling of mass demonstrations."

The upshot: Harris knew very early on that those arrests were controversial and evidence needed to be collected preserved.

Read More "Pershing Park Case: D.C. Police Lawyer Submits His Own Statement To Court" »

In a week, AG Peter Nickles must submit to U.S. District Court Judge Emmet Sullivan a sworn statement explaining his office's actions in a troubling Pershing Park case. He may want to consider the subject of this false affidavit concerning the mysterious gaps in the radio dispatch recordings from the Pershing Park mass arrests.

Nickles may also want to read or re-read the deposition of Sgt. Douglas Jones taken on September 12, 2007. Jones testified at length about one of the other mysteries in the Pershing Park case: the disappearance of the running resume or command center database which recorded all police activity before, during, and after the mass arrests.

Before Jones' testimony, OAG lawyer Tom Koger wrongly claimed in an e-mail to plaintiffs attorney Carl Messineo that the "running resumes were no longer generated by the MPD as of Sept. 2002."

In other words, the running resume didn't exist because police officials didn't make one.

In fact, in another protest case concerning arrests in April 2002---the Bolger case---another OAG lawyer had claimed that running resumes only started being created after Septembe 2002.

Both of the OAG's conflicting statements turned out to be wrong. Jones' testimony would prove it.

Read More "Pershing Park: Another Piece Of Evidence Goes Missing; One Cop Speaks Out" »

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IN CASE YOU MISSED IT---"Jack Evans Says He Still Supports Peter Nickles," "Councilmember Alexander Raises Concerns Over AG Nickles."

Morning all. Last night may have been National Night Out but for Mayor Fenty, it's Greek Week. WaPo breaks the stunning news that the District government actually paid the $37,000 tab for his Kappa Alpha Psi's welcoming party. The bash was held on Monday night and featured an open bar, crab cakes, red velvet cupcakes, and jazz bands tooting on two floors. The Post makes no mention of beer bongs and togas. The Office of the Deputy Mayor for Planning and Economic Development had put out the dough via a grant. AG Peter Nickles apparently has forced Fenty and Co. to reimburse the city for the shindig. But Nickles swears Fenty knew nothing about the city's involvement. Key graphs:

"Attorney General Peter J. Nickles said he looked into the matter Tuesday morning at the request of the mayor. 'I concluded immediately that this was not proper,' said Nickles, who said the society reimbursed the money that morning.

Although the mayor attended the affair and was on stage as fraternity members thanked him for paying for the event, 'he didn't put two and two together that this was money that had come from the city,' Nickles said."

SEX ED NEWS: The District plans to expand its STD testing program into all public high schools. WaPo has the full story on this progressive move. There are plenty of reasons to do this. Key graphs: "The program conducted last year at eight high schools found that 13 percent of about 3,000 students tested positive for an STD, mostly gonorrhea or chlamydia, according to the D.C. Department of Health. The expansion places D.C. public schools in the vanguard of a growing number of urban school districts that test adolescents for STDs. About 12,000 students attend public high schools in the District." The news came within hours of DC Appleseed releasing its report card on how the District is dealing with the HIV/AIDS crisis (for public education, the District received a C+). WaPo covers the DC Appleseed's findings noting the overall positive scores: "But the report took Mayor Adrian M. Fenty (D) to task for failing to give the disease more visibility. 'While Mayor Fenty and his administration deserve recognition for the continued support of . . . numerous HAA initiatives, his public appearances and statements about the epidemic have fallen short of his enthusiasm for action inside the government,' it said."

THE NEW YORK TIMES IS ON OUR SIDE: The paper's editorial board comes down hard against Congress and its attempts to meddle in our needle exchange program. The editorial dubbed the meddling an "outrage."

NATIONAL NIGHT OUT: As we mentioned above, National Night Out happened. This meant another All-Hands-On-Deck effort from the D.C. Police Department. Police visibility was high! But News Channel 8 reports that the District still endured at least one violent incident. Three people were injured during a shooting in Southeast shortly after 10 p.m. News Channel 8 reports: "Fire officials say two 38-year-old women and a 17-year-old boy have each been shot in the leg."

AFTER THE JUMP: A power outage, more Metro news, Harry Jaffe pens a quick profile of the judge in the Pershing Park case, and much, much more.

Read More "Paying For Fenty’s Frat Party: Loose Lips Daily" »