I am struck by one thing on page 5 of the brief:
Indeed, the transcript instead indicates that Zach Scruggs, rather than believing the order at issue was being “paid for” by the Scruggs Law Firm or others on their behalf, knew of no such impropriety. For example, Zach Scruggs reviews the order and states, as to a particular part of it, “I don’t know what he’s trying to say. I mean it’s not bad, but I’m not sure what his intent was.” Ex. A at 22 (emphasis added).
To which I say, hang on here — if Zach was not involved, how do you explain the fact he is reading and editing a draft order, an ex parte communication from Judge Lackey? I mean, how does that happen under the scenario presented in the brief, a scenario where Zach doesn’t have a clue. And remember, the government has the evidence from the Wilson case, the one in which Joey Langston pleaded guilty to trying to influence Judge DeLaughter, of Zach writing in an e-mail that one could write an order on a napkin and get it approved in that case.
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