Mike Scarcella

January 19, 2010 | Law.com

Several former Iranian properties in Washington, D.C., are not being used exclusively for diplomatic purposes and should therefore be allowed to be confiscated to satisfy a civil judgment stemming from a suit that alleges Iran's support of terrorism, a lawyer for a bombing victim argued Friday in a federal appeals court. John Vail, of the Center for Constitutional Litigation, argued that the federal government's periodic rental of the property has ended the diplomatic use of the real estate.

By Mike Scarcella

3 minute read

March 08, 2010 | Law.com

The flap over Justice Department lawyers who have advocated for Guantanamo Bay detainees is spilling over to Big Law, where some firm leaders are fighting back against the criticism. The DOJ has recently come under fire from a conservative group and GOP lawmakers for hiring lawyers who represented Guantanamo Bay detainees while in private practice. The controversy ramped up after the Justice Department refused to name the lawyers and a conservative group posted a YouTube video questioning the allegiance of the DOJ lawyers.

By Mike Scarcella and David Ingram

6 minute read

July 01, 2011 | New Jersey Law Journal

A divided federal appeals court in Washington says a group of taxpayers will be allowed to challenge the procedure the IRS set up to refund billions of dollars collected through an unlawful tax on telephone calls.

By Mike Scarcella

5 minute read

January 31, 2011 | The Legal Intelligencer

When the Democratic Republic of Congo ran afoul of two court orders in Washington last year, a federal judge imposed a monetary sanction that doubled every month, topping out at $80,000 per week.

By Mike Scarcella

5 minute read

March 09, 2010 | Law.com

Prominent former Department of Justice officials are joining the growing criticism against efforts to question the ethics and loyalty of current DOJ attorneys who, in private practice, had advocated for Guantanamo Bay detainees. The Brookings Institution issued a statement on Sunday denouncing the attacks on DOJ attorneys as "shameful" and "unjust." A group of prominent lawyers in private practice as well as policy specialists at Brookings endorsed the joint statement.

By Mike Scarcella

4 minute read

April 09, 2010 | Law.com

A D.C. federal judge on Thursday implored Congress to pass necessary legislation approving a $1.41 billion settlement in long-running Indian trust suit Cobell v. Salazar, saying that justice is on hold because of inactivity on Capitol Hill. The judge extended the latest deadline, April 16, until the end of May, saying he will convene a public hearing in May in the event Congress fails to act. Without congressional authorization, the settlement will "whither on the vine," noted an Interior Department official.

By Mike Scarcella

3 minute read

July 31, 2009 | Law.com

U.S. District Judge Emmet Sullivan blasted the District of Columbia Attorney General's Office at a hearing earlier this week, calling the city's mishandling of a high-profile suit alleging false arrest the "civil counterpart" of the Justice Department's botched prosecution of Ted Stevens. The judge used the phrase "sad commentary" seven times and directed D.C. Attorney General Peter Nickles to submit an affidavit addressing a "pattern of shortcomings" and "discovery abuses" in the seven-year litigation.

By Mike Scarcella

3 minute read

April 21, 2011 | The Legal Intelligencer

Houston-based criminal defense lawyer Russell Hardin Jr. warned a federal judge in Washington in December that the congressional committee and law firm that investigated drug use in Major League Baseball were not likely to turn over documents to Roger Clemens without a fight.

By Mike Scarcella

8 minute read

April 27, 2011 | New York Law Journal

By Mike Scarcella

5 minute read

May 28, 2010 | Law.com

Attorney General Eric Holder Jr. this month issued new guidance to federal prosecutors in a memo that was submitted to the U.S. Sentencing Commission for a Thursday hearing. The May 19 guidance comes amid the Justice Department's ongoing policy review focusing on disparities in sentencing and excesses in mandatory-minimum sentencing. A U.S. Attorney who spoke at Thursday's hearing said the DOJ supports a "limited and judicious use" of mandatory sentencing. Most mandatory minimums are applied in drug and firearms cases.

By Mike Scarcella

4 minute read