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Ipse Blogit speculates on DeLaughter's defense

Ladies and gents, the defense you're going to see at trial next month is this:

Ed Peters knew DeLaughter very well. So well, in fact, that DeLaughter went to him for advice sometimes on complex cases. DeLaughter thought Peters was treating these conversations as confidential. DeLaughter had no idea that Peters was sharing info with Scruggs & Co. on this matter. (Here's where the Ed Peters con of Scruggs comes in.) Furthermore, Peters knew DeLaughter wanted the federal judgeship, and that Scruggs might hold sway with Lott on that issue. So Peters offers up his services as intermediary to Scruggs & Co., telling them that DeLaughter would sell his rulings in exchange for the judgeship. Scruggs & Co. think they've got themselves a heck of a deal. Meanwhile, Peters never indicates to DeLaughter that he's involved in the case. Peters merely asks DeLaughter about it, and DeLaughter reaches out to Peters for his thoughts on decisions. He also asks him to proof drafts of orders. Peters, meanwhile, tells Scruggs & Co. that DeLaughter's their puppet.

Ipse Blogit
7/14/9
I'm not passing judgment on this defense, but it's what was behind my musings that Ed Peters may "fall apart" on the stand. Ed may be singing to this tune come August.

Posted July 14, 2009 - 11:32 am
4 Comments:

All of this sounds plausible EXCEPT when it comes to DeLaughter’s actual ruling against Wilson, which according to people who were there, stunned everyone(except Peters and Scruggs, et.al.) that DeLaughter ignored logic; ignored reason and the recommendations of staff!  Remember he sent the ruling over to Scruggsies to approve, etc.  and in doing so applied for a federal judgeship!  Maybe, just maybe if he hadn’t have appeared “so accommdating” in letting one party of the suit see the judgement aforehand; as if to ask “will this get me that federal judgeship”? the case against him would be weaker.  Now the blanket is split between he and good- buddy Peters, and all are split with the other felons in a CYA dance.  When this is all over; when the hammer comes down, be it on either side, there will be a story to tell of the behind the scenes wheeling and dealing; jockeying and elbowing.  Meantime Wilson, the victim in spades, still waits for justice. So in conclusion: sounds like DeLaughter has a pretty weak defense owing to the confessions of Peters, et al. and maybe he should think about cutting a deal.

Posted by catty on 07-14-2009 at 03:33 PM [link]

P.S. .... above comment. Memory is tricky but here .... what I needed to explain:  That the magistrate for DeLaughter had recommended that Wison be awarded $15 million and it was that complete turn-around by DeLaughter, without any substitive reasoning, that stunned everyone.  Keep in mind in the same situation the other partner, Alwyn Luckey, got close to this amount in the same presentation of facts, so it made this ruling all the more “out of whack”.  And now we know the rest of the story.

Posted by catty on 07-14-2009 at 04:24 PM [link]

Of course, there was nothing requiring the judge to follow the special master or his own staff/law clerks.  Judges do that every day.  If not, there would be no reason to have the judge.

Posted by Jim Craig on 07-14-2009 at 05:38 PM [link]

But in this case we all know better.

Posted by catty on 07-14-2009 at 08:47 PM [link]
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