Scruggs proposed findings - NMissCommentor

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!aaassseee::: 333:::000999---cccrrr---000000000000222---GGGHHHDDD---SSSAAAAAA DDDoooccc ###::: 222111333 FFFiiillleeeddd::: 000444///111111///111222 666 ooofff 444111 PPPaaagggeeeIIIDDD ###::: 222111888222 As United States v. Ganim, 510 F.3d 134, 149 (2d Cir. 2007) (Sotomayor, J.) reminds: “[B]ribery is not proved if the benefit is intended to be, and accepted as simply an effort to buy favor or generalized goodwill from a public official who either has been, is, or may be at some unknown, unspecified later time, be in a position to act favorably on the giver’s interests—favorably to the giver’s interest.” In this case, timing is everything. The evidence presented at the hearing showed – and that evidence stood wholly uncontroverted by the Government – that there was no quid pro quo. The timing was off. Ed Peters exercised his prerogative to have ex parte contact with Bobby Delaughter months before any federal judgeship opened in the Southern District of Mississippi. First, the Information did not charge a quid pro quo bribe. Petitioner’s guilty plea simply cannot be read as a plea to quid pro quo bribery. The Government’s response to the Motion to Show Cause (DE#178) attempts to say that it does, but wholly fails to cite language in the Information or the Factual Basis or any other aspect of the allocution that would allow the usual meanings attributed to words in the English language to support that conclusion. Second, Count II of the Indictment (DE#3) charged that Petitioner: [P]revailed upon his brother-in-law, then a United States Senator from Mississippi, to offer Judge Delaughter consideration for a federal district judgeship then open in the Southern District of Mississippi…. In return, Judge Delaughter afforded the Scruggs legal team secret access to the court by way of Ed Peters, forwarding them advance copies of his rulings and proposed orders on issues before the Court and on one occasion accepting from the Scruggs legal team a scheduling order favorable to Scruggs, which the court then adopted, almost verbatim. DE#3, 12. The Government's position is now that a bribe occurred simply because Lott made a call to Delaughter, the content of the call is irrelevant to the Government. 6
!aaassseee::: 333:::000999---cccrrr---000000000000222---GGGHHHDDD---SSSAAAAAA DDDoooccc ###::: 222111333 FFFiiillleeeddd::: 000444///111111///111222 777 ooofff 444111 PPPaaagggeeeIIIDDD ###::: 222111888333 The indictment also sets out that: [9]d. On or about January 24, 2006, Judge BOBBY B. DELAUGHTER accepted a secret, ex parte communication from the Scruggs legal team, essentially reversing his earlier ruling and accepting, almost verbatim, a scheduling order favorable to Scruggs. [9]f. On or about August, 2005 until on or about August, 2006, Ed Peters had a number of improper ex parte meetings with Judge Delaughter designed and intended to secretly influence the judge to shade his rulings in favor of Scruggs. [9]g. On or about August, 2005 until on or about August, 2006, Judge BOBBY B DELAUGHTER secretly communicated with the Scruggs legal team through Ed Peters, affording them a unique and valuable opportunity to foresee and attempt to influence his rulings. DE#3. The indictment is thus facially self-defeating under Sun Diamond. Secretaccess and legally consistent, but favorable (and unfavorable) rulings occurred well before there was any quid. The first “then open” federal district judgeship opened February 4, 2006. Trent Lott made his call to Bobby Delaughter on March 29, 2006. Leaving aside the fact that Lott testified and Bobby Delaughter’s March 30, 2006, letter shows that Lott told Delaughter that he would not be considered for the “then open” judgeship(s), if that call itself was the thing of value necessary for a quid pro quo exchange, it, too, occurred well after the Government’s indictment admits that that secret access began by half a year – August of 2005. The specifically-referenced scheduling order in the indictment again shows that no Sun Diamond “exchange” could have occurred that caused Judge Delaughter to grant the Scruggs team secret access. That order was entered on January 25, 2006, more than 3 weeks before any federal district judgeship became open and more than two months before Trent Lott’s call. That scheduling order reflected that secret 7
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Scruggs proposed findings - NMissCommentor

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