It’s been pointed out in comments that Monday is the last day for motions in U.S. v. Scruggs. There is NE Miss. Daily Journal story about this. We can expect a whole raft of defense motions, which may well be why John Keker said on Friday he’d rather be back in Mississippi dealing with those charges than in Alabama dealing with the contempt charges.
The defense gave us a very detailed preview of some of their plans in their second motion to continue filed in January. This was the 2nd Motion to Continue that was briefly under seal. We discussed it a lot at the time, focused more on the facts contained in the motion (see posts here, followed by a four part discussion of the facts stated in the motion beginning here) than on the defense motions plans. One thing they plan for certain is a motion to suppress the results of the search of the Scruggs office, which they say involved a misleading affidavit because exculpatory information was not included in the affidavit.
H/t to mslawyer for the Journal article
Due to a glitch in the transfer process, none of the comments to this post followed us over to the new blog, so I’m going to try to bring them over by hand:
–MSlawyer (Feb 10, 816 am)
http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20080210/NEWS/80209021
This is Jerry Mitchell’s latest — combines DeLaughter & Scruggs.
———————–
–MSlawyer Feb 10 819 am
You will notice right at the end of Jerry’s article, he quotes Charlie Merkel, who says that apparently no one denies that DeLaughter sent a copy of his order in the Wilson case to Ed Peters before it was entered.
——————–
–lotus Feb 10 843 am
Morning, MSlawyer. Sure wish I could post about your find, but for now, I have to settle for commenting.
I wonder: is that the true chronology?
———————-
–jim Feb 10 952 am
Lotus, probably not.
———————-
–observer Feb 10 1006 am
"One thing they plan for certain is a motion to suppress the results of the search of the Scruggs office, which they say involved a misleading affidavit because exculpatory information was not included in the affidavit. "
I imagine that unless guilty pleas are already being negotiated, there will be a lot of motions to suppress filed before the deadline. But, Keker had better find something besides the above theory it he doesn’t want to get swatted down again.
Another big thing to look for Monday, is if Backstrom joins in on the motions filed by Keker. If he doesn’t, Kker is probably going to have one more witness he will be needing to discredit.
———————–
–Jane Feb 10 1013 am
The story on the inquiry into Delaughter’s actions is on the front page of the Clarion Ledger in the upper right corner. Next to it (upper left hand side) is an article titled "Public information shrouded " about how information that should be public is still being kept secret despite Mississippi’s open records laws. Somewhat ironic given the recent State Farm- Jim Hood settlement.
————————-
–NMC feb 10 1031 am
The two tiny bits of news in Jerry Mitchell’s story are that the judicial performance commission started moving on DeLaughter on Friday, and that Merkel believes that everyone interviewed by the FBI has agreed that DeLaughter sent the opinion to Peters before issuing it.
The rest of the story comes from the Langston plea facts, with a smidgen from Mitchell’s prior reporting.
———————-
–Elibaby42 Feb 10 1033 am
yeah, with an 8 day series, ya think the CL will even touch on those closed records outta Natchez?
———————-
–fishwater Feb 10 1040 am
Lotus and Jim the transcript is quoted here:
"During the course of the litigation, Langston and Scruggs were also aware that Judge Delaughter was interested in a position as a federal judge. Based on that knowledge, Scruggs told Langston to let the judge know that IF he ruled in his favor he would pass his name along name along for consideration regarding the federal judgeship. Langston then informed Peters, who, in turn, passed the information along to Judge Delaughter. "
Service above-and-beyond, riddenword — many thanks.
Awright, I just got a call from the golf course: my best friend just made her THIRD hole-in-one, the effin’ beeyotch, and she’s buyin’. So I gotta go drink. See y’all inna bit.
The question to me is whether Langston had something to back up his time line or was relying on memory.