Posts Tagged ‘U.S. District Court’
Pershing Park Case: The Games Peter Nickles Plays

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.
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Sullivan to Nickles: ‘You’re Playing Games With The Wrong Judge’

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."
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Affidavit: Ramsey Ordered Pershing Park Arrests

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.
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Pershing Park Case: Nickles Attempts To Prevent Detective From Testifying
Last Friday, Pershing Park case lawyers had arranged to depose Detective Paul Hustler. All was going according to routine. Hustler showed up. The OAG lawyers showed up. The day before, he had been prepped by the OAG's team. But just as the deposition was about to start, Hustler made an unusual request.
Hustler wanted his own attorney present.
The deposition had to be put off. OAG lawyers used this speed bump to immediately filed a motion in U.S. District Court to bar Hustler from giving his deposition.
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Pershing Park Case: Council Hearings Unlikely

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.
Pershing Park Case: Is Peter Nickles Ready To Deal?
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."
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Pershing Park Case: Nickles Seeks Order Barring Public From Seeing Discovery Materials
The Office of the Attorney General continues to play stall ball in the Pershing Park cases. Recently, District lawyers lost their bid to take back documents previously turned over to plaintiffs attorneys. The fight over the never-ending discovery now centers around the District's filing of a motion for a protective order banning vasts amounts of government documents.
OAG attorneys argue that the order would simply and reasonably protect personal information from being made public. Attorneys even use Washington City Paper to zing plaintiffs lawyers!
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Pershing Park Case: Read The Document Nickles Didn’t Want You To See
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?
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Pershing Park Case: New Discovery Abuse Shocker
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.
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Pershing Park Case: OAG Reverts Back To Stonewalling

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.
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Pershing Park Case: OAG Finds 2,000 Pages Of Discovery Materials
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.
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Meet The Other Defendants In the Taxi Bribery Scandal
By now, District residents have been well versed on the heroics of Taxicab Commission Chairperson Leon Swain Jr. in the bribery scandal, and the alleged failings of Jim Graham's Chief of Staff Ted Loza. But the majority of the defendants aren't well known.
They are parking lot attendants, gas station workers, people who struggle in the service economy to make ends meet. These defendants are the ones who allegedly bribed Swain for under-the-table taxicab licenses. You can find the indictments here.
We decided to do a piece on these anonymous men. Who are they? What did they really know about the bribery scheme?
The answers surprised us. You can read the full story which details what they did, what they knew, and how they were arrested.
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Accused Taxi Briber Will Stay in Jail, Judge Says
Yitbarek Syume, alleged leader of a bribery scheme targeting the D.C. Taxicab Commission, has been ordered to remain in jail pending trial, Jason Cherkis reports from the federal courthouse.
U.S. District Judge Paul L. Friedman's ruling this afternoon overturns an Oct. 9 decision by Magistrate Judge Deborah A. Robinson to allow Syume to live in a halfway house pending trial. Prosecutors had asked that Syume be kept in jail due in part to comments he'd made on tape purportedly threatening the life of Abdulaziz Kamus, named in a Washington Post report as a FBI mole. On the tape, Syume can be heard saying Kamus will be "permanently eliminated" and that "they will come to him."
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Taxi Bribery Case: Syume on Tape Threatening FBI Informant
UPDATE, 6:50 P.M.: LL here. This much is clear: Leon Swain is an amazing informant.
On Sept. 25, he wore a recording device, along with FBI agent John McNair, while meeting with alleged bribery ringleader Yitbarek Syume. The tape was played today in Magistrate Judge Deborah A. Robinson's courtroom during a hearing on whether Syume should be jailed pending trial.
Context was this: The day prior, D.C. Council aide Ted Loza had been arrested, exposing an ongoing federal investigation into taxicab-related bribes, and named in a Washington Post story as a stool pigeon in that bust was Abdulaziz Kamus---a Ethiopian community leader supposedly in thick as thieves with Syume and his crew. Syume read the WaPo article, by Del Quentin Wilber, and brought a printout of the story to a meeting with his "accomplice," Taxicab Commission honcho Swain. Tagging along was Swain's "nephew"---aka McNair. It took place in a parking lot near commission headquarters in Anacostia.
First words out of Swain's mouth to Syume: "What the fuck happened?....I thought this was your boy!"
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Claim: Kamus Is No Community Organizer

Right now, Abdulaziz Kamus has a lot on his mind. First, there's the fact that he's a central figure in the Ted Loza bribery case (Kamus allegedly joined the Fed probe, wired up, and paid Jim Graham's Right Hand Man $1500 in bribes). Today, we learned that key players in the bribery scandal discussed killing Kamus after the Loza story broke. Several community leaders say that Kamus has not appeared in public since his law enforcement activities became public.
Now comes the claim that Kamus wasn't such a great community organizer. We had previously heralded the man as the major player within the Ethiopian community. Yesterday, I was cautioned that this just wasn't the case at all.
Daniel Belayneh, the executive director of the Ethiopia Community Services and Development Council, laughed when I mentioned Kamus as a leader.
"Mostly he was working with the Latino community," Belayneh said. "He's more with Latinos."





