To get a sense of the snark with which the government (including Carol Lam replacement Karen Hewitt) responded to Dusty Foggo's motion to sever his trial from Brent Wilkes and move his trial to VA, I offer this paragraph:
Defendant Foggo next argues that transfer is appropriate because it is clear that the majority of the events and transactions at issue occurred in another jurisdiction. See Defendant Foggo’s Motion at 11.11/ Based upon a completely inaccurate and misleading characterization of the events underlying the instant indictment, he argues to the Court that this case’s “natural center of gravity” lies in the Eastern District of Virginia and that “the interest of justice demand” that he be tried in that district. As shall be discussed below, such faulty logic would similarly suggest that the effects of gravity caused the apple to fall from Newton’s head up towards the tree branch.
Somebody should have warned Hewitt that, along with evolution and global warming science, Republicans have thrown out just about every other form of reality-based science. Or perhaps it's just that someone on the legal team is a big science geek, because shortly after the paragraph above, they have Foggo spinning into a black hole:
Foggo’s position on the cases’s natural center of gravity falls further into a black hole when he forwards in its support the curious argument that four out of seven wire fraud counts and all three of the money laundering counts originate outside of California.
He he he.
Rules of physics aside, though, the government appears to have little patience for Foggo's argument. They make the following arguments against Foggo's motion to move venues.
- Foggo says his loving wife would have to be inconvenienced by traveling to San Diego for his trial, even though she is used to him being away and (the government adds a footnote to this effect) she's not so loving anyway and they're willing to provide proof of that fact.
By popular request, here's the comment and the footnote:
First off, the rosy picture defendant paints of his married life is not necessarily an entirely accurate depiction.6/
6/ The government is prepared to supply the court with evidence on this point if the Court feels it is necessary and the defense wishes to contest this assertion.
- Foggo says the witnesses (many of them in Europe or elsewhere overseas) would have to travel too much--but doesn't mention they'd have to make two trips, one to VA and one to CA if the trial were severed.
- Foggo claims few of the events have any relation to San Diego, but ignores almost all of them relate to a Wilkes company in San Diego and/or involve the transfer of money/communications through San Diego.
- Foggo cites a retired FBI agent talking about the costs of transferring classified documents from the CIA--but most of those documents have already been transferred.
- Foggo complains about the cost of travel and lodging to San Diego, but one of his buddies has an unoccupied house in San Diego.
- Foggo complains that the few newspaper articles that appeared prior to the indictment prejudiced any San Diego juries against him, even though requests for change of venue change due to much greater media coverage--"1,900 newspaper articles, two documentary films, two books, telephonic surveys, and other extensive media coverage"--have been rejected by the Ninth Circuit.
But my favorite part of the whole motion is where the government rebuts Foggo's claim to have nothing to do with Wilkes.
Foggo is a life-long friend of Wilkes. They were both members of the Hilltop High School football team, roommates at San Diego State University, and best men at each other’s weddings. Each named their son after the other. They and their families socialized frequently. Numerous individuals have reported statements by Wilkes and Foggo that they “love” each other as “brothers” and as each other’s “best friend in the whole wide world.”
In addition to their close personal ties, Wilkes and Foggo also had significant financial ties. Wilkes and Foggo frequently discussed Wilkes’s desire that Foggo should join ADCS after leaving the CIA. In both 1995 and 1999, Foggo met with people at ADCS and Wilkes openly referred to Foggo as ADCS’s future Chief Operating Officer. At ADCS’s Poway headquarters, opened in late 2002, an executive office three doors down from Wilkes’s was left empty for years as it was expressly reserved for Foggo. In fact, an ADCS internal document (that appears to have been created on May 12, 2004) refers to a desktop computer in “Dusty’s Office.” For his part, in the Spring of 2005, Foggo indicated in a loan application that he had a “big” employment offer from a San Diego company.
Equally significant, Foggo also mentioned to a number of his associates that he was considering running for Duke Cunningham’s seat in Congress when Cunningham stood down. As part of this plan, Foggo indicated that prior to running for office he would return to San Diego to raise funds and make contacts. Foggo said that he had spoken to Wilkes about those plans. Moreover, at least one ADCS executive indicated that Wilkes mentioned his plans to have Foggo take over ADCS in the event that anything happened to Wilkes.
Either Brent Wilkes has had an unrequited boy crush for Foggo that has lasted fifty years and extended to their sons, or these guys--and their trials--are inseparable.
They're going to look cute sitting next to each other at trial.
I also like this footnote. You see, if you read through the responses the fired USAs gave to HJC questions, you see one after another USA explaining that budget cuts mean AUSA positions remained unfilled, and as a result, the FTEs DOJ used to calculate cases meant nothing. Hewitt sticks in a footnote to that effect herself:
To the extent that some district courts have suggested that the government “has, for all
practical purposes unlimited financial resources [as it can] mint money,” see United States v. Coffee, 113 F.Supp 2d 751, 757 (E.D. Pa. 2000), the government respectfully disagrees. It would appear that the Coffee court had not analyzed the latest Department of Justice budgets, which do not even allow for funding all AUSA positions and require constant monitoring of travel and other case related travel costs.
Having seen Lam fired, I guess Hewitt doesn't want to wait around for them to fire her before she starts to make this case herself.