The Government is arguing that Judge DeLaughter should not be allowed to prove that his decisions in Wilson v. Scruggs were correct ones.
On the face of it, that’s a head-scratcher. This is an honest services prosecution– Judge DeLaughter is being accused of depriving the state of his honest services. Surely he’d get to prove he was ruling honestly?
The government’s argument goes like this: Their motion cites and quotes a Fifth Circuit case, Brumley, that involved bribes to a workers compensation magistrate. The Government stipulated that it was not going to prove that the magistrate “awarded more money” to any claimant because of the bogus loans the magistrate was given. The Fifth Circuit ruled that the Government didn’t have the burden to prove the rulings were incorrect.
Here is the motion