Judge Hurley Strikes World's Worst Errata Sheet (About Anthrax).

We previously discussed the ridiculous "errata" sheet filed by the Justice Department in the wrongful death suit arising from the feds' decade-long anthrax investigation.

Well, Judge Hurley this week noticed that there was nothing "errata" about the proposed changes to the sworn testimony, and that something called "good cause" would be needed to amend or revise asserted "facts" of this magnitude:

While deposition transcripts are occasionally accompanied by “errata” sheets intended for the correction of stenographic errors in interpretation, there is no authority under the Federal Rules of Civil Procedure or local rules of this court allowing for unsolicited submission of “errata” sheets purporting to correct editorial errors in legal briefing. The court is thus not inclined to accept the defendant’s invitation to red-line its earlier submitted papers in the manner suggested. See generally Norelus v Denny’s, Inc., 628 F.3d 1270 (11th Cir. 2010).

If there are substantive errors of material fact in the earlier filed papers that the government wishes to withdraw or correct at this juncture, the appropriate mechanism for bringing this to the attention of the court is by motion seeking permission to file an amended motion or supporting statement, supported by good cause shown. While this order is without prejudice for the defendant to file such a motion, counsel is advised that merely finding a different, better or more detailed way to express a thought does not constitute “good cause” shown for the submission of amended pleadings or motions before this court.

 I'll leave it up to the reader to decide whether the Gov's subsequent filing meets Judge Hurley's standard.

(Wait a second -- I just found a better way to express that thought, time for another "errata" post!)

Your Daily Anthrax Errata Sheet!

Is anyone besides Glenn Greenwald following the civil suit before Judge Hurley regarding the FBI's allegedly bungled anthrax investigation?

The Justice Department recently filed an "errata" to end all erratas, one that adds so many qualifications and modifications you finish wondering genuinely what the meaning of is is.

The deposition of whoever swore to the errata will be very interesting.

Disabled Attorneys Can't Get Into WPB Federal Courthouse.

Aren't the judges supposed to be enforcing the ADA, not possibly violating it:

Having spent 35 of his 59 years in a wheelchair, Boca Raton attorney Bob Pearce knows the needs of the disabled are often ignored. But he didn't expect to have his rights violated at the federal courthouse.

A routine hearing turned ugly when security guards blocked him from parking in one of six empty handicap spaces in the sprawling lot in front of the downtown courthouse.

The alternative they suggested, a public lot nearby, left him stranded atop a steep hill. He made it to the hearing after flagging down a stranger, who grabbed the handles of his chair and wheeled him safely down the incline.

But he was outraged. So was the judge.

"It's disgraceful," U.S. District Court Judge Daniel Hurley said.

"The federal courts are the institution of government that enforces the Americans With Disabilities Act," he said. Instead, it appears it is violating the spirit, if not the letter, of the nearly 21-year-old landmark legislation that was designed to break down barriers and open up opportunities for the disabled.

And although the situation at the federal courthouse in West Palm Beach is problematic, Pearce and others said it's not unique. The rigors disabled people face getting to the federal courthouse in Fort Lauderdale aren't much better.

Hold on -- everyone faces difficulty getting into the Fort Lauderdale federal courthouse.  And it only gets worse once you actually get inside that thing.

But enough with these post 9/11  "berms" and "blast barriers" -- why does it have to feel like downtown Baghdad when you try to enter the old 70s federal courthouse (the Atkins courthouse) where all the mags are now?

That building already has plenty of problems from an architectural standpoint -- it's time we remove the barriers so it at least looks like a building where citizens are not actively discouraged from entering.

It's particularly ironic for that structure, given its steps, open courtyard and expansive design -- now all tightly closed with metal fencing and prominently surrounded by blockades, perhaps to prevent mad process servers from trying to ram their way into that crappy coffee shop upstairs.

Kathleen Williams Renominated to Fill Judge Hurley's Seat.

 

 Yawn -- the judicial appointment crisis continues as Obama renominates 40 plus judicial candidates, including our own federal public defender Kathleen Williams (originally nominated back in July):

The Obama administration sent the dozens of nominations -- 23 of which an official categorized as "emergency" nominees -- back to the Senate, where they will be considered anew by the Judiciary Committee. They may face an additional round of committee hearings, a Senate aide said, but that will be determined by Judiciary Chairman Patrick Leahy (D-Vt.) and the ranking Republican, likely to be, according to a Senate aide, Sen. Chuck Grassley (R-Iowa).

Hearings or no, the committee will have to vote on each candidate again before sending them back to the Senate floor for final consideration. And with more Republicans in the chamber than there were for the past two years, the nominees' chances may be slimmer.

Among those nominated again include 18 who had previously cleared the committee but were not confirmed by the Senate at large. That list includes contested figures like University of California law professor Goodwin Liu, Obama's nominee for the Ninth Circuit Court of Appeals, as well as California magistrate judge Edward Chen, nominated for the District Court for the Northern District of California. Twenty-four other renominated candidates never got a committee vote. 

Marco Rubio, full of ambition, needs to do something that might actually help some people down here and push this nomination for a floor vote.

(Updated to include better photo per Rick's not-so-subtle hint).