Monday, July 02, 2007

Nifong's Reign Formally Ends

Liestoppers has a compelling critique of Judge Orlando Hudson's performance regarding Nifong's removal.

A streaming video of the hearing is at nbc17.

A letter of immediate resignation has been presented by Nifong, dated July 2; the letter was communicated to the special prosecutor at 9.53am. Judge Hudson has said that he is willing to accept Nifong's resignation and make a removal order moot.

Beth Brewer's attorney, Betty Lawrence, is raising the point that Hudson should enter an order, rather than simply accept Nifong's resignation.

Hudson: If Nifong were to get his law license back, the people of Durham County should have the right to elect Nifong DA if they want to; says he has no obligation to enter order for permanent removal of Nifong from office.

The bottom line: Nifong is out, Hudson argues that there's no way Nifong could ever be elected again, and so he doesn't need to enter an order requiring Nifong's permanent removal from office.

75 comments:

mac said...

Hudson appears to be following the
old axiom:

"If you don't want to do a job,
do it badly."

We husbands have known this for
many years.

mac said...

I'd rather see a streaming video
of Judge Stephens case, as he's
asked to explain why he allowed
criminal behavior in his own
courtroom.

Isn't witness intimidation,
assault (but w.out battery)
and terroristic threats
considered "crimes" in North
Korealina?

Anonymous said...

Why is Hudson working SO HARD to NOT remove him from office on the record?

Anonymous said...

Hudson now explains that there's no point to an order "permanently" barring Nifong from office, because he trusts the people of Durham (and of other counties) to never, ever again elect Michael Nifong to any office. That result is unthinkable, he implies.

Two words:

Marion Barry.

And there's not much difference between the DC electorate and the people who voted for Nifong in November.

Anonymous said...

MAC - North Korealina? Classic. Well done.

Anonymous said...

11:33~ I absolutely agree!!!! We have lived in the Washington, DC suburbs for many years, and it is a standing joke that the people of the District not only elected him as Mayor again, but that he continues to be an embarrassment with his behavior (not paying taxes, etc.) and yet he is still elected to the City Council from his ward.

Hudson is ridiculous, and remains an enabler of Mikey. The lucky people of Durham!!

duke2009mom

Anonymous said...

Hudson could have used the opportunity to, as the bar ethics committee did, to reject Nifong's resignation and fire him. The evidence supported his removal, but Hudson (seems like a lightweight is the reigning head of Durham's courts?) caved, and kept Durham in Wonderland.

Anonymous said...

What a "Stumblebum" Hudson appears.

Is this the best Durham has to offer, a judicial cesspool?

christoph said...
This comment has been removed by the author.
Anonymous said...

To Beth Brewer:

Even though Hudson has repeatedly shown himself to be part of the problem in Durham-in-Wonderland and not the solution when he (1) stalled, citing the bar's actions, the removal process for months after the 30 days required to hear your motion, (2) failed to act prior to the end of mid-year, thereby granting Nifong addition retirement pay and another opportunity to resign, and (3) today, with his do-nothing-'cuz-its-moot BS, Beth, It was you motion that ultimately forced Nifong out of the job and off the payroll before his chosen date.

For all your efforts to champion the cause for Nifongs removal, I send you my sincere thanks. Like many, I was incensed that Nifong could dictate the terms of his departure -- and he would have gotten away it if not for you!

You are the women!

This is your day, even if Hudson is part of the problem.

QT

christoph said...

Is the implication here that not only did Hudson allow Nifong to stay in office through the state fiscal year, and resign instead of getting 'fired' (like when p.i. Wilson turned in his license rather than have it get revoked), but that Hudson saw to it that there are no consequences for Hudson's own incompetence?
And did I just hear him cut off Brewer's attorney during her statement by telling her that he had "been patient enough"?! I don't think so, you arrogant pri@k -- WE'VE been patient enough.

Insufficiently Sensitive said...

Orlando Hudson is supposed to be a judge. That is, he is counted on to weigh all the facts before him, and apply principles of law in making his conclusions.

In this default exoneration of Nifong, Hudson has excluded from consideration all of Nifong's glaring malfeasances as exposed by the recent Bar hearings, and by those few media organizations who actually investigated and reported on their findings.

Hudson therefore is also omitting any duty he has to the public to see that crooks are properly punished, and that recidivism by formerly trusted public officials be prevented.

gak said...
This comment has been removed by the author.
Anonymous said...

I lived in the District for fifty years - always voted for Marian Barry. He did more for the city than most folk know. In fact, DC is a prime city today due to his projects. He understood business and brought a lot back to the city. I would vote for him again and I am white.

christoph said...

P.S. Thanks Beth from another Durham resident!

Anonymous said...

Is Hudson elected? If so, when is the next election? This should play poorly for Hudson at election time with those in Durham who are non-enablers, non-culture-of-victimization, non-meta-narrative-as-fact-crowd.

gak said...

NC is in a sad state. I just can't imagine so many people trying their best to avoid any show of strength in this situation. Smith, Stevens, etc. They are in the national spotlight and do not act. I just can't believe the people of NC are just that blind as to let this shnook (Hudson) continue as he has

Anonymous said...

How can Hudson say that with a straight face? Ever hear about Alcee Hastings? He was a federal judge impeached and removed from office for corruption and pergury in Broward County (remember ballots and chads?). The Dems were in control in the Senate at the time and voted 413-3 to uphold his removal but decided not to pursue the option they had to forbid him from future federal office. The rest of the story is that he was elected to the US Congress.

Actually that is not the end of the story. Hil Clinton has named Hastings as one of her co-chairs for her presidential campaign.

http://www.freerepublic.com/focus/f-news/1847959/posts

It's a little naive for Hudson to make such a prediction.

gak said...

My mistake above, I believe I should have pointed to Hudson, not Smith.

Anonymous said...

Messages left on Nifong's voice mail

"Hey Mikey, it's your ol buddy Orlando. Where the heck have you been? Cy wouldn't accept the notice to appear at my hearing so Bubba nailed it to your front porch. I'm getting all kinds of grief from Brewer's attorney and don't reckon I can hold out much longer. We've got to get this mess put to bed sooner, rather than later. Call me ASAP so I will know what you want me to do."

"Mikey. It's me again. The week-end's almost over and I'm going to have to do something on Monday morning. I really really need to hear from you right away. Call me at home or on my cell phone as soon as you get this message."

"I appreciate you having Cy call me. What she said makes a lot of sense. Just make sure you get your written resignation in to me before court begins so that I can say everything has been taken care of so there won't be any reason for me to do anything. Whew . . . for awhile there, I was beginning to worry that I would have to go on record and rule against you. Thanks again."

Mike. It's Orlando. Call me when you get a chance and we can make arrangements for that fishing trip we've put off for too long. It will be great getting out of town for a few days and away from all the aggravation brought on by those spoiled Duke kids and their lawyer buddies here in Durham. By the time we get back from the lake, the national reporters will be gone and the only ones left to bother us will be those idiot bloggers and nobody cares what they think anyway. Take care ol buddy."

Anonymous said...

12:09 Naive? disingenuous, at best, Old school buddies protecting their own.

Throw this bum out with Nifong. Maybe they can work as paralegals? How about start a band with Linwood?

Anonymous said...

Husdon will be re-elected every time because he is EXACTLY what the blind herd in Durham wants. And they think he is smart! Compared to his electorate, he's a freaking Einstein, don't forget. After all this, why would any of you expect anything different in Durham than in DC?

Anonymous said...
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Anonymous said...
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Anonymous said...

12:05, Honestly , I dont think there's one word in your declaration that is true, even and including the word "the"

Anonymous said...

I am not snorting anything - just my perspective from being a life long resident of the District - mind you - that is Dupont Circle and not the DC burbs.

Anonymous said...

It is my opinion - you may choose to disagree but not accuse me of not telling the truth. Who cares about the Burbs - those folk moved to DC and stopped three miles short. Like these folk vote for George Allen and Biden.

Anonymous said...

The giveaway for fake 12:05 is the "most folk." Notice "most folk" in the singular for a group, not "most folks." "Folk" is very peculiar to North Carolina. I'd say he's from Durham, and just gave himself away....

Anonymous said...

12:05, The Federal Governament had to take over the City's business after Hizzoner decimated its finances by putting everyone and his mother on the City payroll. He was an abject failure, and a criminal to boot.

And you, I believe, are either a liar or an imbecile.

christoph said...

12:05B -- I also used to be indifferent to Barry's cocaine use per se. But a few years ago someone pointed out the hidden cost. The only way a mayor can flagrantly break the law is by corrupting: the d.a.'s office, the police leadership, his immediate staff...and then this circle of now-empowered corrupt officials will self-select assistants, trainees, and coworkers who are also o.k. with corruption. If the city government can tolerate the mayor's illegal conduct, it will also inevitably be persuaded to tolerate illegal conduct by other powerful agents -- developers, drug bosses, racketeering operations, cops on the take, etc. The mayor's continued drug use, in other words, never stands by itself in isolation, as an ethical anomaly -- it requires a broad subversion of civic integrity, which has the invisible effect of attracting crooks and repelling honest actors.
I've seen this dynamic occur in churches I've worked in. When a crooked or mentally ill pastor gets into leadership, the rest of the church's leadership slowly but surely gets replaced by indulgent or corrupted people. Later on the church collapses as a result.
Interestingly, observers who are savvy about civics spot the problem very quickly. But observers who have little experience with civic governance -- poor people, uneducated people, people from rural and oppressed families -- frequently are oblivious enablers or willing dupes, and can't see the hidden cost until it's too late. In Durham, sad to say, Southerners, both white and black, disproportionately fall into this category. I think most Southerners may not have grown up talking politics around the dinner table like my family did.
I say all this to say that for the same reasons, it's been very important to stop Nifong, who already was hiring and promoting his own willing, and very dangerous, dupes in our government.

Anonymous said...

Durham is much like D.C.; with its ignorant, tribal politics and the grievance mentality of its under (and ruling) class.

I think the only thing keeping Nifong from winning the DA's office again is that he is white.

christoph said...
This comment has been removed by the author.
Anonymous said...

DC is 45$ white with a highly educated group of Professionals who live in the City. Most folk is a manner of speaking - Barry got elected every time he ran - both white and black voted for him..

mac said...

I remember when "mo money"
Barry couldn't clean the streets
of snow, couldn't pay the City's
employees, couldn't do any better
than the average tin-pot dictator
of a 3rd world hellhole.

Marion Shepilov Barry - (Marion
Schlepp-ilov?) was a pr disaster
for the city.

All Barry could say - despite having
one of the higher per-student school
budgets in the country - is:
"We need more money!"

Meanwhile, while watching the
city crumble around his ears,
he continued to name projects
after Hizzoner.

12:05 must be kneeling a little
too close to the shoes he's
polishing.

christoph said...

Of course, I shouldn't leave out the Northern academic dupes and enablers whose liberal ideology led them to support Nifong beyond all reason.

Anonymous said...

I have lived in DC over 40 years.
The last good administration was under Mayor Washington. He ran a great city. Good schools, safe neighborhoods, decent public services....like DMV competence. Under "hizzoner" Marion Barry D.C. became the 3rd world city it remains. That fall to shame was DESPITE, the influx of businesses....the rising economic tide was inspite of, not because of "Mayor Barely." To credit the economic growth of D.C. to Marion is to ignore the huge increase in the federal workforce and role of Federal government in general...D.C. happened to be in the right place at the right time.

To this day D.C. doesn't have a recycling program. Excuse me? Like I said, 3rd world city in every sense of it except for income and level of expenditures on public services. Good luck to our new mayor.

Anonymous said...

Bottom line:

Orlando Hudson worked with Mikey for many years around the Durham courthouse. I have no doubt that he is not really happy that Mikey got disbarred.

Oh sure, Hudson has to do a song and dance so the public won't think he's a total fool and incompetent; however, this last effort on his part.....the unmitigated largesse and dismissal of procedure.....are sickening.

Must we say it again? : The black people in Durham, NC will support Mikey 'til his death simply because he didn't go for justice, but like the criminal that he is, he went for "cosmic justice", and most black people in this country love that whole exercise.....just the thought of it makes them orgasmic.

Mikey will never feel any discomfort living in Durham. Sleaze is their motto.

Debrah

christoph said...

Debrah, you paint with too wide a brush. Last weekend here in Durham I heard a black woman slap down a young black man who was talking about "forgiving" Nifong. The older black lady gathered herself and began, "Blacks should be INSULTED by the way we were conned by that scoundrel." She continued her edict in that older-black-woman-mother-of-the-church way which commands deference from old and young alike. The young man was appropriately cowed. It was DELICIOUS.

Anonymous said...

Hudson's "song and dance," for real! A Minstrel show...."Yazza, Yazza, Massa Nifong! I tips my hat to Massa Nifong!"

Anonymous said...

Well, 12:50 We agree to disagree - Where do you live in the City? or are you in the burbs?

Anonymous said...

Calling names is never appropriate, but does show a lack of ideas. I can disagree with you without hating you. Why can you not do that also?

Anonymous said...

TO "christoph"--

Yes, your anecdotal reference is a bright light amidst this very dark abyss of squalor and feeding frenzies.

Of course there are those in the black community who look at this case realistically and fairly. Perhaps we have not mentioned that fact enough simply because Nifong's actions and those actions of his enablers have consistently eclipsed the actions of well-meaning people. However, those well-meaning people, as a whole, have been silent or tepid, to say the least.

Point well-taken. KC has listed some letters written to the Greensboro paper in his next post, one of which--by Mary Johnson--is similar to the experience you related.

It should be noted that most every comment of reason from those in the black community have been from older citizens. That particular generation experienced life before the Civil Rights Movement....and before the Brown V. Board of Education ruling. They experienced life before Affirmative Action and all the rest of this country's "programs" which distorted the value system of so many future generations of black people.

The lady about whom you speak obviously remembers and grew up in a time when the black community put most of its efforts into achievement, independence, and building a better life.

So much has changed. Witness those like the Gritty Gang of 88, Solomon Burnette, Chan Hall, Julianne Malveaux, Chauncey Nartey, and last but not least, Crystal Gail Mangum.

Debrah

mac said...

1:20
Calling names can be a VERY
creative endeavor. You're
probably the one who keeps
playing that tune, but creative
naming is an art-form.

Provided that the name-calling
is sufficiently original, or has
merit.

Name-calling is also what
scientists do, when they identify
species. A scientist might
look at you, for example, and
decide to call you "Nomimus
Blunderbuss." (no such name,
just sounded funny)

Anonymous said...

You don't have to be from the city to know that DC was 35 %(not 45 %) white under Barry and his last two elections he got less than 20 % of the white vote. If not for the deep pockets of the Federal taxpayer, the city would have had to declare bankruptcy a lot earlier in his "reign"

I can't see how anybody who has lived there could objectively say he his performance as mayor was acceptable. Impossible.

Anonymous said...

You also don't have to be from DC to know that we are all paying to prop it up-- doen't matter what it is, school, hospitals, public works, welfare,jails

No wonder, for so many years the population kept going down

My son was horrified when he went to DC for Presidential Classroom when Barry was mayor

Anonymous said...

Well, he should have gone with Close Up Foundation.

Anonymous said...

1:55
He saw the real DC--not the fiction of the DC politicians.

While with their group--they did the usual during the day -visited their Congressional Reps, museums, and the mall. At night went to 2 black tie balls. It was like living is Oz.

It was when he and some friends had free time that they saw the real DC. He learned what a bunch of liars the DC politicians were.

Anonymous said...

JLS says....,

1. On the Christoph and Debrah debate, there was plenty of information available to the voters of Durham by November that this was a hoax. The Durhmites voted in Nifong anyway even when they did not even need like one of his opponents. Since one was not going to serve, he was essentially a none of the above vote. So I can not say I believe Hudson should be so trusting of the Durham Co. voters.

2. The real reason Husdon was so blas'e about getting Nifong out of office and in fact still blas'e at first when Nifong dated his resignation for the 13th, is that NIfong is taking one for the team. Nifong is taking the heat so that the governor can put Hardin in temporarily and things can continue as they have in Durham.

It more and more looks to me like Nifong will be sanctioned and that is it. The DPD investigation will be a whitewash and life will go on as always in Durham. I hope the cabbie gets a job driving for one of the wealthier lacrosse families and Sgt Shelton gets a job in private security for someone friendly in the North East if he is hounded out of the DPD. Nifong will get a job on the law faculty at NCCU or if the 88 gangsters and Brodhead could get their way maybe even Duke. Mangum will skate. I believe that fortunately Ms. Pittman moved a while back. And even more fortunately Seligmann and Finnerty have been smart enough not to go back.

Anonymous said...

TO JLS--

Well, I have heard the same cynicism from others. Unfortunately, you might be right.

As I have said before, someone should do a folllow-up book to all of this, just to watch what happens in Durham after the media lights have dimmed.

I agree that it will be almost impossible for the fundamental underbelly of that place to change. So many who are openly considered "respectable" have been Nifong's biggest enablers.

None bigger than Mayor Bill Bell. They all sat back hoping everything could be swept under the rug.

Debrah

Anonymous said...

When the south seceded from the nation prior to the civil war, who in the heck let NC back in?

Looks like a poor decision!!

Anonymous said...

I've never been to Durham, and after reading about what goes on there I know I never will. What a sad, pathetic little place.

Anonymous said...

1:16

I have lived in D.C. for 40 years.
That would be present tense.

12:50

Anonymous said...

2:11 Hard for me to believe the kid stepped out of Georgetown or Independence Avenue. I love kids, but wordly experience is not their strong suit.

Anonymous said...

2:52

There is some very entertaining irony to your post, which I sincerely doubt you appreciate.

Anonymous said...

Help me out here:

I don't understand the concern about Nifong somehow becoming Durham DA again because Hudson doesn't remove him from office. Wouldn't Nifong's disbarment prevent him from ever being a DA in NC again?

Anonymous said...

Anon who posted ... "You also don't have to be from DC to know that we are all paying to prop it up-- doen't matter what it is, school, hospitals, public works, welfare,jails"

Then write to your congressonperson and tell him/her to support statehood for DC. DC residents don't like paying taxes for your community's pork either. At least you have voting representation.

Anonymous said...

Is Duke a state school?

Anonymous said...

3:35

Anonymous said...

3:35

there is no question here. D.C. reaps far more than it sows in public money in vs. public money out.

D.C. was part of Maryland at one time (Virginia never gave up their part of the diamond shapped city).
Let Maryland take you'll back!

Or, here's a concept. MOVE.
or MOVE ON.

to 3:36 Duke is a private school, but if you look at their financial statements they benefit from federal dollars in grants (research) and student loans.

Ralph Phelan said...

"Of course there are those in the black community who look at this case realistically and fairly."

Yeah, but are there *enough* of them to oust Hudson the next time he's up for reelection?

Anonymous said...

to 3:53

Are you kidding? Never statehood fo DC.

Then all those libs would hve power in the House of Rep and Senate. They would have a vote on MY state. No way jose.

Can you imagine 2 senators from DC?
No in my wildest nightmare!

Anonymous said...

The names Orlando and Hudson remind me of the punch lines in a couple of old jokes, something like:

"...they found him at the crack of dawn."

and

"...they found him bobbing on the Hudson"

Sorry, hizzoner deserves better!

-Sgt Carter-

Anonymous said...

3: 35
"Then write to your congressonperson and tell him/her to support statehood for DC. DC residents don't like paying taxes for your community's pork either. At least you have voting representation."

--------

Uh, yeah, and then after DC is a "State", you're claiming it would NOT need to be propped up by the rest of the country?

Anonymous said...

DC as a state is ludicrous. No industry, a population of 200,000, high crime rate, and a leftist population that would make Karl Marx proud. It is a thugacracy of the worst sort. I was born there and spent most of my life nearby, and don't even go there to see the museums any longer. It is a sad, crime infested urine soaked hell hole. State indeed - state penn is more like it.

Anonymous said...

No, but Duke is a communist.

Anonymous said...

the two Senators from D.C.:

Mayor Barry
and
K'wazzieee Enfumeeee

Anonymous said...

Can someone please tell me how the criminal contempt case will be heard? Raleigh or Durham? Jury trial or judge only? Since this is the court, not the boys' families, bringing this case, is the Bar involved in any way? I'd appreciate a basic primer on how this works. Any idea if Witt/Freedman are still his attys. for this one?

Anonymous said...

I will send money to Witt if he continues to defend Mikey. It would be worth it just to watch that illogical boob stumble over himself while trying to defend the indefensible. Great theater.

Anonymous said...

It isn't that Witt is so stupid, it's just that Mikey is the smartest lawyer in the room, so everyone suffers by comparison.

Anonymous said...

"Can someone please tell me how the criminal contempt case will be heard? Raleigh or Durham? Jury trial or judge only?"

-------

My first impulse is that Judge Smith himself will hear the case, because it's about an offense that Nifong committed in the Judge's presence during a Court hearing -- ordinarily, the Judge would deal with it summarily.

In this case, it's essentially similar but drawn-out in slow motion, due to the matter being held in abeyance while the case was transferred to the A.G.

But, the situation is unusual in several ways, including that Nifong is no longer an attorney (well, pending some formalities), and so he may be entitled to be represented by counsel -- unlike the usual "in-court outburst" contempt case where the Judge can have the offending lawyer hauled out directly to the pokey.

In theory, I suppose, the delay also could allow for the intervention of "friends of Court" non-parties, including the bar.

But, I think defense lawyers (or, to be clear in this context, the lacrosse players' lawyers), in their Motion papers, have provided all the evidence needed, in addition to what the Judge himself heard and saw.

The other question of interest is whether Nifong will "testify" (either as a lawyer making his own arguments, or as a client under oath), or whether it has finally sunk in that he needs to take the Fifth and shut up.

Liefong couldn't keep his lies straight at the Bar hearing (or even before that), and by now he's clearly too unhinged to say ANYTHING without inviting a new and separate charge of lying to the Court.

Hey, Mikey: When you go to the hearing....bring a toothbrush!!!

And, remember: Don't drop the soap!

Anonymous said...

Nifong - AG for the new state of DC

Anonymous said...

Anon @ 5:03

Other than the typical "bad areas" of any major city, D.C. is a beautiful testimony to our country's freedoms, diversity, prosperity, and sovereignity!

There are so many exciting and safe and wonderful areas of the city including Georgetown, Foggy Bottom, Tenleytown, Adams Morgan, Cleveland Park, Dupont, etc...

It's proximity and service to/for some of the wealthiest counties in the country is also unique to D.C. ... Arlington and Alexandria and Bethesda are within walking/biking/metro distance. The nearby Dulles corridor and 270 contain more tech companies than Silicon Valley.

The educational opportunities (in the District alone) are outstanding: Georgetown, George Washington, and American universities. And an easy commute to UMD & George Mason.

Want culture? Attend an embassy party! Want to bar crawl? Go to Adam's Morgan! Like sports? Wizards, 'Skins, Nationals, Caps!

D.C. (exclude the metro area) is the crown jewel of America. No other city can compete with that fact. It's the standard for every other American city.

Did I forget the monuments and museums? Majestic! Beautiful! Come see the new Native American Museum!

Oh, not to mention, its the capital of the free world. Industry?...we dont need no stinkin' industry!! All deals in this country are shaped and influenced

The down side? We are all Type-A personalities. We work too hard and have Beltway mentalities. We often have to venture outside the Beltway to remind us just how incredibly awesome and lucky we are! We demand that we give the best of ourselves and to others.

PS: It's population is ~580K. The metro area (NoVa, MD) is 4x that number.

mac said...

I will admit: DC is better than
when it was run by Mayor "Cracklin'
Barry." (SNL)

However...9:34 sounds like a
spirit-guide from the Chamber of
Commerce or the office of tourism.

Ready for next winter?

Anonymous said...

Winter in D.C. is nice ... light snowfalls and days off :-)
The only 2 months of the year which suck in D.C. are July and August. But even then you can find some nicccce scenery. A stunningly fabulous city. If you're a male, you can't find a better ratio of quality, smart, educated, beautiful young women. Median age in D.C. is low-30s. And if you're a single woman...put on your lipstick and go to Dupont!! BAHAHAHAH

Legal Eagle said...

Hudson's conduct only seems extraordinary.

It's not.