BREAKING — Plea(s)?
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UPDATED BELOW (X 2)
Word just in from Oxford and Booneville: this morning, the witnesses from Joey Langston’s office did NOT present themselves to the grand jury as ordered and apparently didn’t even go to Oxford.
Since their names are not Cheney, Rove, or Miers, I submit that could only mean they’ve been released from the subpoenas. And that could only mean there’s been some plea-copping going on.
Therefore: I strongly suspect the united defense has come to grief, and now we have reason to think that Dickie’s new lawyer is not an additional but a replacement one.
Can any of you add more yet? Alyssa? Others?
lotus
P.S. You can disregard the P.S. on the previous post — of course we’ve seen that Greenwood Commonwealth story Rossmiller mentioned (after all, we’ve got — and on 12/23, had — us a jim!).
UPDATE: Langston’s motion to withdraw as counsel in Scruggs (pdf) here.
UPDATE II: Judge Biggers’ order releasing Joey/Billy/LLF as counsel (pdf) here.
January 8, 2008 at 12:18 pm
Nothing at the moment. But I’ll check around.
January 8, 2008 at 12:51 pm
I support the system and I know these prosecutors as ethical men. I am glad that justice will be served but it absolutely sickens me to think that our Courts have been perverted in such a way. Even the satisfaction of justice served cannot remove the filth and stench this has brought on a profession dearly loved by so many.
With regards to Ernest Thayer. . .
There is no joy in Mudville.
January 8, 2008 at 12:53 pm
Amen, Orchid.
January 8, 2008 at 1:14 pm
If Langston has copped a plea, then Scruggs is most likely toast.
Some good can come from this however, if our State’s long culture of tolerating official corruption swings to demanding honest government in all three branches. Our practice of electing every government official from dog catcher up needs to be re-visited, including and especially the way we have politicized our judiciary though the election process. Our ethics laws are a joke.
I challenge all Mississippians who read this blog to consider our role as citizens that are complicit in this mess by tolerating a system of government that is both antiquated and highly susceptible to corruption. I’ll now jump down from my soapbox and give kudos to Lotus for what could be a major scoop.
sop
January 8, 2008 at 1:21 pm
“Kudos to lotus’s sources,” you mean, Sop, but otherwise we’re in total agreement.
January 8, 2008 at 1:24 pm
Joey joining Tim? Interesting!
January 8, 2008 at 1:26 pm
Dickie Scruggs must be having Bernie Ebbers nightmares. Poor Diane — husband and son both to suffer with/from.
jim, do you know the newspapering term “MTK”? It means “more to come.” Just sayin’ . . .
January 8, 2008 at 2:59 pm
Locus, can you theorizer for me how long it will be until the Feds tell us what has occured? My insides don’t feel so good. This is great work , your FOLO blog..Thanks
January 8, 2008 at 3:05 pm
Thank you, magnolia. But no, I have no idea when to expect official word. I’m sure Alyssa, Patsy Brumfield, Anita Lee, et al., are working as hard as they can on prying something out for us.
Whoops, FRESH NEWS:
JOEY LANGSTON JUST FILED A MOTION TO WITHDRAW IN SCRUGGS.
I’ll have that pdf up as soon as somebody with PACER can get it to me.
January 8, 2008 at 3:23 pm
Northeast Miss. Daily Journal’s story on Langston’s withdrawal:
http://www.djournal.com/pages/story.asp?ID=263869&pub=1&div=News
January 8, 2008 at 3:31 pm
It has been my experience that all agreements are sealed until they are formalized in open court. If J.L. pleads to an information rather than an indictment he will waive indictment in open court and proceed accordingly. My guess is that no one will know when that is happening until it happens.
Of course Oxford is a small town and someone is bound to see or hear something prior to that.
I don’t think the US Attorney’s office would give an official statement until after the waiver and plea. It may continue to be the worst kept secret for a while.
If it is true all I can say is what a colossal waste. Joey is an extremely talented trial attorney who has done a lot of good for folks.
January 8, 2008 at 3:34 pm
Refresh for the pdf.
Welcome to folo, Jane, and thank you very much for that link!
Orchid, thank you for the insights!
January 8, 2008 at 3:36 pm
Billy Quin out too, and Joey kindly sent a copy to Balducci.
January 8, 2008 at 4:05 pm
who are these witnesses?
January 8, 2008 at 4:08 pm
Welcome to folo, msman. Which witnesses are you asking about?
January 8, 2008 at 4:09 pm
those represented by Langston who were no shows.
January 8, 2008 at 4:11 pm
They weren’t represented by Langston but WERE Langston and/or LLF employees.
January 8, 2008 at 4:11 pm
Work’s out and I’m on - a goodlord, look at all I missed.
Sop, don’t butter that toast with Langston’s withdrawal. Could be that it Scrugg’s bread was buttered instead. We have to wait to see what the Grand Jury had in the oven.
My sense of detecting scents others can’t smell was inherited from my grandmother - much to the regret of my children, I might add.
It may not be today; but, my nose tells me at some point we’re going to discover Scruggs wasn’t the target, just the means to an end yet unknown.
January 8, 2008 at 4:13 pm
at some point we’re going to discover Scruggs wasn’t the target, just the means to an end yet unknown
Ayup, as the Mainers say.
January 8, 2008 at 4:15 pm
That’s what I understood it to be thought something had changed - thanks
January 8, 2008 at 4:36 pm
Excellent point Nowdoucit. At the rate they are (seemingly) rolling up these lawyers, bigger names are certain to follow.
If these allegations bear out (and there is much smoke), an old saying comes to mind about there being no honor among thieves.
Having dealt with a high profile racketeering case many moons ago involving someone I knew and liked personally, I offer my condolences to those that know these people on a personal level and to the innocent family members that will suffer along with the accused.
sop
January 8, 2008 at 4:46 pm
Just a thought or two. In the case against Scruggs, Langston replaced the Jones firm. .. The case before Judge Lackey was Jones vs Scruggs…P.L. Blake was paid by a check from Langston. You think any of those dots connect and to what? Think it might be the statements by attorneys representing Dickie and Zach - my client knows nothing about a bribe?
January 8, 2008 at 4:48 pm
NMC emails a couple of very interesting points:
(a) With the LLF contingent out, Dickie has no MS counsel left.
(b) N.D. Miss.’s local rule 83.1 says that all pleadings must be signed by at least one local counsel, and that counsel admitted pro hac vice (as are Keker and his associates) must have a local counsel on the case.
So unless Dickie wants to try Tim Balducci’s pro se trick, somebody better step up for him fast.
January 8, 2008 at 5:02 pm
Funny thing is, lotus, I don’t think it will be a short line. Scruggs appears by some accounts to have more friends than money. I’ve never met the man; but, someone just last night said something like that to me and followed by saying that there was more good to Scruggs than bad. Thought that was worth mentioning although it doesn’t mean we won’t hear more of the bad.
January 8, 2008 at 5:10 pm
You know, nowdoucit, personality being a matter of balance too, I’m sure even a megalomania-driven one has its graces.
Fascinating days aren’t these?
January 8, 2008 at 5:20 pm
Fresh-in upstairs: the government response to Scruggs’s motion on discovery.
January 8, 2008 at 5:32 pm
I keep close company with Willie Morris’ “My Mississippi” - particularly during the spells of “fascinating days” we have rite regular down here.
I’ve got to check out for a while; so, I’ll leave you to ponder a few of Willie’s words - “In the present day it is Mississippi’s juxtapositions, emotional and in remembrance, and the tensions of its paradoxes that still drive us crazy…the gulf between its manners and morals, the apposition of its kindness and violence”
January 8, 2008 at 5:38 pm
I guess you know, nowdoucit, that Willie’s about to join you on the Pith & Vinegar page. Thank you for that.
January 8, 2008 at 5:39 pm
nowdoucit, Scruggs was sending the P L BLAKE millions to Langston office and he was sending it on to Blake…All 10 million was supposely done this way, but Blake under oath in deposition can not rember if he received or how he received the last 5 million…but is still being paid $400 thousand 4 times a year. This I read recently that all tobacco money still comes into Mississippi and is then disburst..Who and How was not covered ..Why I didn’t keep the copy blows me away, maybe someone out there did..I believe we can call this the knot theory when it is untangled we may be able to connect the dots.
January 8, 2008 at 6:44 pm
Thanks, magnolia, actually I was saving that dot for a later post but will pick up where I left off now and add:
…since Langston wrote P.L.’s check on behalf of Scruggs, did Scruggs cut checks for Balducci on his own behalf or that of another?
Tell you what - I’m sitting her thinking I need to pick up a pair of red shoes ’cause this has to be Oz. Wonder who’s the wizzard behind the curtain?
January 8, 2008 at 6:47 pm
lo, kindly cut “on behalf” after Balducci - pleez and thankyou.
January 8, 2008 at 6:50 pm
re “pith and vinegar”, lotus, I’m sure Willie would appreciate that; I know I do. Thank you very much.
January 8, 2008 at 7:28 pm
Lot of boxes my friend saw being unloaded by the FBI–bank records,canceled checks, wire transfers? Lots of boxes–they were using two wheelers to carry them into the federal building.
January 8, 2008 at 7:28 pm
Maybe NMC can answer this question. I don’t practice criminal law, but I’m wondering whether the local rules would require Scruggs to have a member of the MS bar representing him if he were to enter into a plea agreement.
Another thought has been running through my mind about that $50 million — am I just totally crazy to think some of it might have gone back to big tobacco to get them on board?
January 8, 2008 at 7:41 pm
I have always taught a course called “circles and cycles”.
January 8, 2008 at 7:52 pm
Nice to see you back, MSlawyer.
Me, I say it’s not fricken possible to call any given thought about this fact-pattern (WHATEVER it actually is) “just totally crazy,” and jim’s “look for the circles and cycles” is an excellent mantra.
Here’s a thought (hope) that’s been running through my mind: When it’s finally trial-time and PACER starts offering daily transcripts, I really hope somebody/ies in our community here will be willing and able to put together some kind of flow-chart or other graphic to help us picture the flows of money that happened in this case.
Mind you, the kind of IQ that creates effective graphics is so far from the kind I own, I don’t even know how ridiculous (or not) what I’m hoping for may actually be.
But it sure would be gwoovy to have something like that, wouldnit? Maybe — likely, even — the prosecution will enter these as trial exhibits, so we won’t need to home-cook our own.
January 8, 2008 at 8:36 pm
I would not expect Pacer to be offering dailies any time soon, Lotus.
MsLawyer, obviously with a lawyer defendant the judge will take a plea without independent local counsel– witness Tim Balducci’s plea. But that seems a little odd to me. Under normal circumstances, a judge is going to want a lawyer on a case for a plea. And while Powell v. Alabama tells us that, at least in state court, counsel from out of state isn’t really counsel, I would not be surprised to see a judge accept a plea from out of state counsel who the judge had allowed to appear.
I think I’ve made this answer too complicated, without getting around to the rumors I’m hearing about Scruggsiana.
January 8, 2008 at 8:39 pm
Word from Jackson:
Langston is coping a plea and is singing, lots, today, and that Delaughter got approached but not succesfully bribed, sorta like Judge Lackey except he didn’t call the feds (and, um, actually did give a really nice somewhat puzzling ruling to Scruggs…
I will vouch for my source to the degree that I believe this word is circulating in Jackson, but no farther.
January 8, 2008 at 8:51 pm
I would not expect Pacer to be offering dailies any time soon, Lotus.
Drat. I was remembering it as PACER where emptywheel and LHP and the Plame bloggers were finding their daily transcripts in that case, but I must be wrong. Where would it have been? I know it was some kind of publicly-available database, pretty sure a gov one.
January 8, 2008 at 8:52 pm
Interesting rumors, NMC. Heard any re the other co-Ds?
January 8, 2008 at 8:55 pm
I want to interject here, though, that I’ve been wondering for the last few days if the internet discussion of this has become a bit of an echo chamber. This is the first time I’ve really had this sense, and the first time I’ve wondered about the things I was hearing. Is all this talk about Langston circling back to the one post on Ya’ll and the very few things we all know?
I’ll enumerate: We know his office got searched. We know he withdrew from Scruggs case (which I have been expecting since the day of the search. How could he still be in that case). I think it’s been pretty well confirmed (I’ve heard in several places) that that the grand jury is meeting today and that yesterday there was probably some sort of come-to-Jesus moment at the fed. courthouse involving U.S. attorneys and defendants or potential defendants. I would be surprised if Jerry Mitchell is mistaken about Delaughter testifying before the grand jury.
That’s it. Does anyone have any better source about Langston being indicted (or flipping) than the sort of “it’s in the air” rumor I’m hearing or the post on Ya’ll?
January 8, 2008 at 8:57 pm
Here’s one thing I would expect to see in the coming days: With Langston out, and the level of lawyering from Keker’s folks kicking in, he is really going to be controlling the dynamic of that defense now.
January 8, 2008 at 8:58 pm
I heard nothing about other defendant’s Lotus, and no news about Jackson folks that wasn’t from the Clarion Ledger other than the business about Delaughter being approached but not bribed.
January 8, 2008 at 9:08 pm
Well, thanks, NMC. The Y’allP rumors — no mention of sources whatsoever, no track record of commenter reliability that I could be aware of — don’t sway me, and I hope don’t sway any folo readers. I mention them only as “it’s out there (maybe WAY out there)” stuff.
But your echo-chamber-effect caveat is a good one worth frequent repetition. Glad to see it — rinse-and-repeat as needed.
January 8, 2008 at 9:11 pm
I was not aiming at any particular comment or post so much as a caution about my own relaying of what I’d heard; I thought it a good time to review the bidding–
that is, to run through what we really know as distinct from the things that might be generated by the echoes in society at large or in the internet. Maybe some tweaking of my conscience for repeating what was floating around the middle part of the state. BUT I knew you folks would want to hear about it.
January 8, 2008 at 9:25 pm
n miss, definitely. When I started noticing, I ran a harmless little test.
Decided then that I’d pull up a chair and join all of you at lotus’ table.
Seems to me that for this blog-thing to work you’ve got to have a group that takes the power of words very seriously. None of us can avoid running into those who don’t our here in cyberspace, same for what we pick up on the ground - same holds for our reliable sources. What makes it different here is folo folks are self-correcting.
That said, I’ve just come back from an outing where I could have picked up the scent of a flip or indictment and smelled nothing. In fact, the only mention of anything related at all was that the plan all along had been for Langston to pull out once a team was in place.
I did pick up a terrible headache. Hope this post doesn’t reflect that.
January 8, 2008 at 10:06 pm
I too have been hearing lots of rumors, as has everyone else. I don’t really know whether anyone knows what they are talking about. I’d be really disappointed to learn that anyone in the US Attorney’s Office is leaking. I don’t feel comfortable repeating the specifics of the rumors I’ve heard, but there is definitely the sense, at least in conversations in the legal community in Jackson, that more is to come, and that there are more and bigger shoes to fall, and I guess that just leads to more speculation and rumors.
I have to say, too, that I’m not one of those who is feeling any glee at the possible downfall of the mighty Scruggs. I have known him for a long time, since Zach was an infant, although we haven’t maintained any contact for many years. I hope, for Diane’s sake, that the allegations won’t be proven, and I feel very sad for all of them.
If it turns out that the allegations against him are proven, I’ll be very disappointed and angry with him for letting his family down and for bringing shame on the legal profession. If State Farm did wrong, it deserves to be punished, but it should be brought to justice by legal means, not with stolen documents or bribes or through unethical, if not illegal, means. For now, though, I will give Scruggs the presumption of innocence to which he is entitled.
January 8, 2008 at 10:19 pm
joey langston was arrested on an indictment and processed through the fed courthouse in oxford no doubt.
January 8, 2008 at 10:24 pm
with delaughter for sure going before the grand jury this week, balducci has been indicted and langston the same - the rumor i am wondering about pertains to the whereabouts of ed peters and if he has turned as well….
January 9, 2008 at 12:00 am
msman, you can say that all you like, but you’ve given us not the slightest reason to believe you — and I don’t.
May I suggest you scroll up past MSlawyer and take a real look at nowdoucit 9:25PM’s third paragraph? It will tell you why strangers’ flat, unsupported statements — like yours — don’t fly around here.
Again, say what you like — just don’t expect to establish your credibility at folo without earning it.
January 9, 2008 at 1:43 am
N Miss, I googled Delaughter when the CL ran the first story just to better educate myself. The quoted text below is from a law student’s blog, I believe last name Bardwell, sorry but I didn’t note the link; but I do recall it was posted in January 05. I thought it might be of interest to you - maybe others too.
The guy does a good job and I think lotus will love his last line.
“I just heard something funny. Bobby DeLaughter, who spearheaded the successful prosecution of Byron De La Beckwith in the early 1990s, won’t talk to reporters from The Clarion-Ledger about the reopening of the Neshoba County murders.
To fully appreciate this, you should read DeLaughter’s book, Never Too Late. In the book, he details how Jerry Mitchell (pictured), a real slimeball reporter for The Clarion-Ledger, nearly single handedly derailed his entire case at least twice.
The past never dies, and neither do an old prosecutor’s grudges.’
January 9, 2008 at 1:53 am
as of approximately the time of this post there were no active criminal cases against Langston found on PACER for in the Northern or Southern Districts of Mississippi. Post on Rosmiller blog earlier at 8:22 pm
http://www.insurancecoverageblog.com/archives/industry-developments-langston-and-his-firm-withdraw-from-representing-scruggs.html#discussion
makes plea sound like a fact. I could not find anything on PACER to substantiate.
January 9, 2008 at 7:23 am
I understand your hesitance to believe a complete stranger - time will tell. To suggest I - a complete stranger - do not take the power of words very seriously, however, is a position of assumption which apparently around here is not favored.
January 9, 2008 at 10:00 am
Re: nowdoucit // January 9, 2008 at 1:43 am .
Will Bardwell is a third-year law student at the University of Mississippi. http://www.willbardwell.com
Patsy Brumfield is his mother.
http://media.www.thedmonline.com/media/storage/paper876/news/2001/07/25/News/Brumfield.Hired.To.Manage.Media.Relations.Department-1579927.shtml
I have not read DeLaughter’s book, but I have been puzzled by Jerry Mitchell’s redundant articles about DeLaughter’s pending appearance before the grand jury. I would have thought that Mitchell was defending DeLaughter against any suggestion of impropriety. Now I am even more puzzled. Perhaps there is a grudge between the two, probably over who gets the most credit for the civil rights prosecutions in the movie(s).
I’m sure Mr. Bardwell is a fine man, but to describe Mitchell as “a real slimeball reporter” seems a little harsh to me.
January 9, 2008 at 10:02 am
Contra your comment, nowdoucit, I have the impression that Delaughter and Mitchell have a long-term symbiotic relationship– Mitchell was on the “old civil right case” beat from the beginning, and that was key to Delaughter’s career for obvious reasons. Exhibit A for that notion is the fact that Delaughter has spoken to Mitchell in two consecutive stories about the grand jury investigation. That’s pretty unusual, particularly for a judge.
January 9, 2008 at 11:02 am
Nowdoucit, RE 01-08-6:44pm Second paragraph I donot know the answer.Do you remember the first fee lawsuit dispute to come out of TOBACCO-MEDICAID LITIGATION? Was it JohnsonVMOORE? My sponge is only remembering bits and pieces..and that could be dangerous because this is ser..ous business.
January 9, 2008 at 6:12 pm
A good source that I trust, and which has been dead on so far re this mess re Scruggs and company, has indicated that Langston has cut a deal with the prosecutors and is singing about others — ditto Patterson. Will soon see Farese withdrawing as counsel for Zach. Scruggs will not fall on sword to protect his son —- thus, each forced to keep fighting and will use the same attys. There are bigger fish to fry than even Scruggs. Stay tuned.
January 9, 2008 at 6:20 pm
Any friend of the law is a friend of folo’s, so welcome to you.
Come on upstairs where we’re mulling Farese’s withdrawal from Zach/appearance for Joey. Amazing day, wot?
January 9, 2008 at 6:39 pm
n miss, I was of same opinion re: Mitchell and Delaughter.
innocentbystander, same to you.
appreciate knowing young Mr. Bardwell’s family tree but it makes his comment about Mitchell even more puzzling - I can’t think of anything about any of this that isn’t puzzling.
January 9, 2008 at 7:38 pm
Being an observer for a while, truly enjoy, I think that a friend of the law is on to something and I have some pretty good gueses who the bigger fish will be, anybody else?
January 9, 2008 at 7:44 pm
Zach Scruggs fired Farese earlier today.
January 9, 2008 at 7:46 pm
Judge Senter has ordered Dickie and Zach to testify.
http://www.sunherald.com/news/breaking_news/story/290350.html