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In the first day of motions hearings, Agent Delaney testified. While I’ve seen little reporting about his testimony, it was interesting in covering a lot of background to the events last year– why the judge recused himself, Judge Lackey’s thinking process and the impact this had on him, and the behind-the-scenes decisions as the investigation proceeded. The assistant U.S. Attorney began the examination.

Agent Delaney investigated the Scruggs firm and signed the affidavits. He did the affidavits for the two wiretaps and the search.

He described his first meeting with Judge Lackey. The US Attorney called Delaney’s supervisor and said that Judge Lackey had called them and asked the FBI to investigate a possible inappropriate contact. He talked to the US Attorneys, interviewed Judge Lackey, and heard about the inappropriate overture. He understands now that there was a two week interval between the contact to Judge Lackey and his call to the US Attorney.

The May 4 call with Judge Lackey and Balducci: Earlier that day, Balducci had faxed the order to Lackey and wanted it entered.

During all this, Judge Lackey was troubled. He knew that what Balducci had done was wrong. He was conflicted. Balducci was his friend. Judge Lackey was troubled and Balducci picked up on that in some of the conversations. This is what was going on in the May 21^st conversation where Balducci is telling Judge Lackey to do what he thinks best– Balducci has picked up on the fact that the judge was bothered.

Judge Lackey recused himself because he was so troubled by all of this. He made a decision to remove himself from the problem. He later realized that this did not resolve the problem, or answer the questions about Balducci. Agent Delaney met with Judge Lackey the next day and could tell he was very troubled. Judge Lackey said that the door was not closed to him getting back in the case. When Delaney left that meeting, Judge Lackey had not made a final decision. He said he’d think about it. Agent Delaney did not insist that the judge get back in.

Contacts through the summer: There were 2-3 contacts in June, 2-3 in August, and none in July. In July, Delaney was out of the state. He was the only agent working on it at the time, and was also working on the beef plant case.

Keker cross:

Delaney is the case agent, and was assigned early to mid April. He first interviewed Judge Lackey on April 24^th. He thought when he did his first affidavit that Judge Lackey had called the US Attorney at the conclusion of his meeting with Balducci –Delaney did not know the actual facts about that at the time. Later, Judge Lackey explained the two week interval. Judge Lackey had talked to a couple of people and decided the best thing to do was go to the US Attorneys office. He made it clear that he believed something improper had happened. He was not sure that something criminal had happened.

Judge Lackey presented it that he had been offered a quid pro quo. He knew something improper had happened and did not know if anything illegal had happened.

Delaney set up recording equipment. On May 3^rd was the first time they attempted to record. They tried to set up for a recording and Delaney gave Judge Lackey a telephone recorder on May 3^rd. They tried to record a call that day, but only successfully recorded the preamble to the call –Judge Lackey saying who he was. Judge Lackey elected to use his own recording device and it didn’t work. Delaney was in the office with him.

At this point, Judge Biggers asked that Keker’s examination focus on the issues.

There had been mention of an of-counsel position in the May 3^rd phone call. The quote from the affidavit about it is from Judge Lackey’s statement he gave after this call. There is no recording. In that conversation, Judge Lackey told Balducci he thought the case was going to the Supreme Court. [I am not absolutely positive Delaney said it was in this conversation]

Keker asked about his view that, as of May 9^th, the contact between Balducci and Lackey was over.

More in the next part.