Obama admin. asks judge to clarify health ruling (AP)

PENSACOLA, Fla. – The Justice Department asked a federal judge in Florida on Thursday to tell states that they must continue to enact the Obama administration's health care overhaul despite the judge's ruling that the law is unconstitutional.
In a motion to clarify, administration attorneys asked U.S. District Judge Roger Vinson to make clear that states cannot ignore the new health care laws while his ruling is being appealed.
At stake, according to the government's motion, are provisions of the new law that will create chaos if ignored by the states.
Those provisions include 2011 changes in Medicare payment rates. Delaying those changes "could cause major delays and errors in the payment of the roughly 100 million Medicare claims processed each month," the motion states.
Florida and 25 other states filed the lawsuit that said Congress exceeded its authority by requiring all citizens to purchase health insurance or face tax penalties.
Vinson agreed, ruling on Jan. 31 that President Barack Obama's entire health care overhaul law is unconstitutional. The broad challenge seems certain to be resolved only by the Supreme Court.
He declared the law "a plain case of judicial overreaching." Some states, citing Vinson's ruling, have refused to cooperate with the health care law.
The Justice Department in effect is saying in its filing that it does not need to argue that the judge temporarily suspend his ruling.
The administration says that even with it, all states in the lawsuit already have an obligation to comply with all the provisions of the Affordable Care Act while the case is being appealed.
In his original opinion, the judge said otherwise, arguing that he did not need to issue an order stopping the law from being implemented because he declared it unconstitutional.
"We believe it is important to put to rest any doubts about the ability of states and other parties to continue to implement these critical programs and consumer protections provided under this statute," said Justice Department spokeswoman Tracy Schmaler.
The issue is expected to be resolved by the Supreme Court. Two other U.S. district judges previously upheld the law, both Democratic appointees to the federal bench.
A Republican appointee in Virginia also ruled against the law. Vinson's ruling is considered the most sweeping against the health overhaul. He was appointed by Republican President Ronald Reagan.
E-mails to Florida Attorney General Pam Bondi's office were not immediately answered late Thursday.
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Judge in Loughner case to mull release of records (AP)

SAN DIEGO – A judge overseeing the criminal case against the suspect in the Tucscon, Ariz., shooting rampage will consider whether to release a new mug shot of the suspect and unseal records of a police search of his house.

Federal prosecutors and lawyers for 22-year-old Jared Lee Loughner oppose requests by news organizations to hand over the photo and make an immediate release of search warrant records. Loughner will not attend Friday's hearing.

The company that publishes The Arizona Republic and the Phoenix TV station KPNX are seeking records that show which items investigators took in a search of Loughner's house after the Jan. 8 shooting in Tucson.

The attack outside a grocery store killed six people, including a 9-year-old girl, and Rep. Gabrielle Giffords and 12 others. Loughner pleaded not guilty to federal charges of trying to assassinate Giffords and kill two of her aides.

The indictment specifying those charges superseded an earlier federal complaint that also charged him with murder for the deaths of U.S. District Judge John Roll and Giffords aide Gabe Zimmerman.

Another indictment is expected to restore those murder charges. Loughner also will likely face state charges in the attack.

U.S. District Judge Larry A. Burns of San Diego was appointed to hear the case after all the federal judges in Arizona recused themselves because of their connection to Roll, who was the chief federal judge in Arizona.

David Bodney, an attorney representing The Arizona Republic and KPNX-TV, argued in court papers that there's no basis for the records to continue to be sealed, that the public has a right to the records that have been under seal since Jan. 11, and that prosecutors haven't shown how making the document public would harm their case.

Judy Clarke, one of Loughner's attorneys, said in court records that her client's right to a fair trial might be harmed by the release of search warrant records.

She also said the documents contain potentially inflammatory statements by a law enforcement officer and that releasing the information could have a prejudicial effect on the prospective jury pool.

Prosecutor Beverly K. Anderson said in court papers that the federal government agreed with Loughner's attorneys who maintain the records shouldn't be released until lawyers litigate issues based on the items seized from the suspect's house. But Anderson said if the judge decides to unseal the records, prosecutors want parts of the records to still be kept private.

Loughner's attorneys also asked the court to bar the release of a mug shot taken in Phoenix of Loughner while in the custody of the U.S. Marshals Service. The unreleased photo is a different image from a mug shot that was released by the Pima County Sheriff's Office two days after his arrest.

Prosecutors described the new mug shot as showing Loughner with abrasions on his face and a cinderblock-wall background.

Clarke argued the new photo invades Loughner's privacy rights, doesn't serve any legitimate public interest and that mug shots reveal people at their most humiliating moments.

Prosecutors, who didn't oppose Loughner's mug shot request, said flawed case law binds the Marshals Service to release the photo, but noted that the judge could protect Loughner's fair trial rights from pretrial publicity.

The news organizations that initially requested the mug shot included the Arizona Daily Star in Tucson, KOLD-TV in Tucson and KPHO-TV KTVK-TV, both in Phoenix.

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Associated Press writer Jacques Billeaud in Phoenix contributed to this report.

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Judge delays records release in Arizona shooting (AP)

SAN DIEGO – News organizations failed to persuade a federal judge Friday to release a second mug shot and search warrant records involving the suspect in the Arizona shooting rampage that killed six people and wounded U.S. Rep. Gabrielle Giffords, among others.

U.S. District Judge Larry A. Burns said he was leaving it up to the U.S. Marshals Service to decide whether to release the mug shot of 22-year-old Jared Loughner taken in Phoenix while in the custody of the agency.

Burns also held off on unsealing search warrant records that show what was seized from the home of Loughner after the Jan. 8 shooting. The judge said the investigation is ongoing and another indictment is expected to bring additional federal charges.

The unreleased photo is a different image than the mug shot released by the Pima County Sheriff's Office two days Loughner was arrested.

Defense attorneys argued the new photo invades Loughner's privacy and doesn't serve any legitimate public interest. In addition, mug shots reveal people at their most humiliating moments, the lawyers said.

Prosecutors described the photo as showing Loughner with abrasions on his face and a cinderblock-wall background.

Burns said he did not agree the photo would invade the suspect's privacy or harm his chance at a fair trial, but he said he didn't have the authority to rule on the matter because the 6th Circuit requires the U.S. Marshals Service to release the photo. Two of the 15 media outlets that have requested the photo are in the 6th Circuit area.

"We're making these pictures seem way more ominous than they really are," Burns said, adding the second mug shot is much "tamer" than the first one that has been widely circulated on the Internet. That photo showed Loughner wide eyed and smiling.

Defense attorneys had argued the release of the search warrant documents also would harm Loughner's chances of a fair trial.

Loughner has pleaded not guilty to federal charges of trying to assassinate Giffords and of killing two of her aides. He was not at the hearing in San Diego.

Burns said he disagreed with defense arguments but would hold off for now because of the ongoing investigation and the expected indictment following an earlier federal complaint that also charged Loughner with murder for the killings of U.S. District Judge John Roll and Giffords' aide Gabe Zimmerman.

The upcoming indictment is expected to restore those murder charges. Loughner also will likely face state charges in the attack.

Burns indicated he may unseal the records after a hearing on March 9, when he will consider a request by prosecutors to get handwriting samples from Loughner to compare with documents seized in a search of his home. Burns said the government has told him by then they expect to have all charges "crystalized."

"It will likely be a different story as of March 9," Burns said.

David Bodney, an attorney representing The Arizona Republic and Phoenix TV station KPNX, argued it is time to release the records and there's no basis for the documents to remain sealed. He said the public has a right to the records that have been under seal since Jan. 11, and that prosecutors have failed to show the material would harm their case.

"Logic tells me these are public records," he told the judge.

Bodney said the FBI has handed over all its material to U.S. prosecutors, indicating the crux of the investigation is over and would not be jeopardized.

U.S. Attorney Beverly Johnson told Burns that wasn't true. Burns agreed with her.

Defense attorneys said the documents contain potentially inflammatory statements by a law enforcement officer and that releasing the information could have a prejudicial effect on the prospective jury pool.

Burns was appointed to hear the case after all the federal judges in Arizona recused themselves because of their connection to Roll, who was the chief federal judge in Arizona.

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Associated Press writer Jacques Billeaud in Phoenix contributed to this report.

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Pa. judge guilty of racketeering in kickback case (AP)

SCRANTON, Pa. – A former juvenile court judge defiantly insisted he never accepted money for sending large numbers of children to detention centers even after he was convicted of racketeering for taking a $1 million kickback from the builder of the for-profit lockups.

Former Luzerne County Judge Mark Ciavarella was allowed to remain free pending sentencing following his conviction Friday in what prosecutors said was a "kids for cash" scheme that ranks among the biggest courtroom frauds in U.S. history.

Ciavarella, 61, left the bench in disgrace two years ago after he and a second judge, Michael Conahan, were accused of using juvenile delinquents as pawns in a plot to get rich. The Pennsylvania Supreme Court has dismissed 4,000 juvenile convictions issued by Ciavarella, saying he sentenced young offenders without regard for their constitutional rights.

Ciavarella maintained the payments were legal and denied that he incarcerated youths for money.

"Never took a dime to send a kid anywhere. ... Never happened. Never, ever happened. This case was about extortions and kickbacks, not about `kids for cash,'" said Ciavarella, who plans to appeal.

Federal prosecutors accused Ciavarella and Conahan of taking more than $2 million in bribes from the builder of the PA Child Care and Western PA Child Care detention centers and extorting hundreds of thousands of dollars from the facilities' co-owner.

A federal jury in Scranton convicted Ciavarella of 12 counts, including racketeering, money laundering and conspiracy, but acquitted him of 27 counts, including extortion. He is likely to get a prison sentence of more than 12 years, according to prosecutors — who revealed after the verdicts that a reputed mob boss turned informant helped them make their case.

Parents of juveniles who appeared before Ciavarella were outraged that he was released after the verdicts. Ciavarella often ordered youths he had found delinquent to be immediately shackled, handcuffed and taken away without giving them a chance to say goodbye to their families. Some of the children he ordered locked up were as young as 10.

Sandy Fonzo, whose son was jailed by Ciavarella — and committed suicide last year at age 23 — screamed obscenities at the judge and even poked him as he and his attorneys held a news conference on the courthouse steps.

"My kid's not here anymore!" yelled Fonzo. "He's dead! Because of him! He ruined my ... life! I'd like him to go to hell and rot there forever!"

Ciavarella glanced at Fonzo, then turned his back.

Fonzo's son, Edward Kenzakowski, was a 17-year-old all-star wrestler with no prior record when he landed in Ciavarella's courtroom for possession of drug paraphernalia. She said her son never recovered from the months he served at the detention centers and a wilderness camp.

Tears streaming down her face, Fonzo said she couldn't believe Ciavarella was allowed to walk out of the courthouse.

"There's no justice, there's not. He's never going to get what he deserves," she said. "I just wanted to see him handcuffed and taken out. But when I saw him just being released with that stupid smirk on his face ..."

The jury found Ciavarella guilty of taking a $997,600 kickback from Robert Mericle, the builder of the juvenile facilities — money he was ordered to forfeit to the federal government after the verdicts were announced. He was also convicted of failing to report the payments on his state-mandated financial disclosure forms and failing to pay taxes on the income. Jurors acquitted him of extorting Robert Powell, the facilities' developer and co-owner.

The defense declared victory. "We're amazed. The jury rejected 95 percent of the government's case," said attorney Al Flora.

"I find it interesting," U.S. Attorney Peter Smith said in response, "that a man just convicted of racketeering is claiming any sort of a victory out there today. I wonder what he would consider a defeat."

Prosecutors alleged that Conahan, who pleaded guilty to racketeering last year, and Ciavarella plotted to shut down the dilapidated county-run juvenile detention center in 2002 and arrange for the construction of the PA Child Care facility outside Wilkes-Barre.

Ciavarella, who presided over juvenile court, sent youths to the center and later to its sister facility in western Pennsylvania while he was taking payments from Mericle, a prominent builder and close friend of Ciavarella, and Powell, a high-powered attorney.

Luzerne County paid Powell's company more than $30 million between 2003 and 2007 to house juveniles at PA Child Care and Western PA Child Care. The county could have built its own juvenile center for about $9 million, according to testimony.

In dismissing thousands of Ciavarella's convictions, the state high court said he ran his courtroom with "complete disregard for the constitutional rights of the juveniles," including the right to legal counsel and the right to intelligently enter a plea.

Hundreds of youths and their families are suing Ciavarella and Conahan in federal court, but Smith said the judges' handling of juvenile cases did not figure into the federal prosecution for legal and evidentiary reasons.

"We're very sympathetic to the pain to the community that was caused here ... and we're fully aware of the deep anguish that many parents and many juveniles feel. But the federal criminal courts are not the appropriate venue to resolve that issue fully," he said.

Ciavarella, who took the stand in his own defense, acknowledged to jurors that he failed to report the payments on his tax returns and hid them from the public, but he denied any plot to take kickbacks or extort money.

Ciavarella told jurors that he thought he was legally entitled to Mericle's money, calling it a "finder's fee" for introducing Mericle to Powell.

Ciavarella also denied that he extorted Powell, who had testified for the prosecution that he was forced to pay the judges nearly $600,000 after they agreed to send juvenile delinquents to his new lockup. The payments were disguised as rent on a Florida condominium owned by the judges' wives.

It was Conahan who made the arrangements with Powell, Ciavarella insisted. He said Conahan told him that Powell had agreed to pay them $15,000 a month for 60 months to lease the waterfront Florida property. Prosecutors scoffed at that explanation, questioning why Powell would pay nearly $1 million in rent on a condo he could have purchased outright for less than $800,000.

Officials disclosed for the first time Friday that they were led to the judges by the reputed boss of a northeastern Pennsylvania Mafia family. William D'Elia — who regularly met for breakfast with Conahan — became a government informant after his 2006 arrest on charges of witness tampering and conspiracy to launder drug money.

"D'Elia led us to Judge Conahan," said Assistant U.S. Attorney Gordon Zubrod. "From there we began to focus on them, the financial dealings between Judge Conahan, Judge Ciavarella, Mericle, Powell."

D'Elia won a sentence reduction last year based on his cooperation in another criminal case and could be released as early as next year.

Ciavarella and Conahan initially pleaded guilty in February 2009 to honest services fraud and tax evasion in a deal that called for a sentence of more than seven years in prison. But their plea deals were rejected by Senior U.S. District Judge Edward M. Kosik, who ruled they had failed to accept responsibility for their actions.

A federal grand jury in Harrisburg subsequently indicted the judges on charges of racketeering, fraud, money laundering, bribery, extortion and tax offenses. Conahan pleaded guilty to a single racketeering charge last year and awaits sentencing. Mericle and Powell pleaded guilty to lesser offenses and testified against Ciavarella; both await sentencing.

Ciavarella faces a maximum of 157 years in prison at sentencing, but will more likely receive 12 1/2 years to about 15 1/2 years under federal sentencing guidelines, prosecutors said.

PA Child Care and Western PA Child Care remain open and continue to accept juveniles from many Pennsylvania counties, though Luzerne County no longer sends delinquents to them.

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Judge gives Abramoff lobbyist 20 months in jail (Reuters)

WASHINGTON (Reuters) – A former lobbyist, the first person to plead guilty in the Jack Abramoff corruption scandal that rocked the U.S. capital, was sentenced Friday to 20 months in prison, the Justice Department said.

A judge sentenced Michael Scanlon, a lobbying partner with Abramoff and a one-time aide to then-House of Representatives Majority Leader Tom DeLay, for his role in the scandal that contributed to Republicans losing control of Congress in 2006.

U.S. District Judge Ellen Segal Huvelle also ordered Scanlon, 40, to pay $20 million in restitution to his victims, serve three years of probation after his prison term and put in 300 hours of community service, the department said.

Scanlon, the first target of the criminal investigation to cooperate with prosecutors, pleaded guilty in 2005 to one count of conspiracy to commit bribery and to defraud Native-American tribes of millions of dollars.

Scanlon admitted he and Abramoff conspired to defraud four Native American Indian tribes that operated or wanted to operate casinos. They agreed to charge fees that incorporated huge profit margins and then split the profits in a secret kick-back arrangement.

Scanlon could have faced up to four years in prison but prosecutors recommended two years because of his cooperation. Scanlon's attorneys said he should be spared from prison and get home confinement or time at a half-way house instead.

Scanlon was one of 20 people, including former Republican Representative Bob Ney of Ohio, lobbyists, federal government officials and congressional aides convicted in the scandal.

In the last remaining trial tied to the Abramoff scandal, Fraser Verrusio, a former House staff member, was convicted Thursday on corruption charges for accepting an all-expenses paid trip to New York City for the first game of the 2003 World Series.

One of the lobbyists who helped arrange the baseball game trip worked with Abramoff.

Soon after Scanlon's plea deal, Abramoff also decided to cooperate with investigators. He pleaded guilty in 2006 and was released from prison last year.

(Reporting by James Vicini; Editing by Bill Trott)

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Judge order trial for man in Mich. mosque plot (AP)

DEARBORN, Mich. – A California man accused of plotting to attack a popular Detroit-area mosque was ordered to stand trial Friday after police testified that he had 96 fireworks in his car, including M-80 firecrackers and smoke bombs.

Roger Stockham was arrested Jan. 24 during a traffic stop near the Islamic Center of America in Dearborn. Witnesses said the 63-year-old Vietnam War veteran spoke hours earlier at a bar about setting off an explosion at the mosque.

Dearborn Officer John Kostiuk said the fireworks were found in a paper bag on the front passenger seat of Stockham's Chrysler PT Cruiser. Officer Stanley Chiles, a bomb technician, testified that Stockham's cache included fireworks that are illegal in Michigan and potentially dangerous.

Chiles said the fireworks could have hurt someone, especially if combined with the alcohol and spray paint that officers found in the car and gasoline in the tank.

Judge Mark Somers found probable cause to order a trial on charges of making a false report or threat of terrorism and possessing explosives with an unlawful intent.

His next court date is Feb. 18 in Wayne County Circuit Court in Detroit.

Stockham of Imperial Beach, Calif., has a history of mental illness. He has been caught during the past three decades for a string of felonies — from kidnapping his son and attempting to hijack a plane to planting a bomb outside an airport — and spent time in various prisons and mental health hospitals.

Outside court, defense attorney Matthew Evans said it was "kind of a stretch" to label the fireworks as powerful — particularly in connection with the gas in the tank and spray paint. He said authorities have exaggerated the threat posed by Stockham and argued that police "don't even have matches" in evidence.

"It just didn't make any sense," he said. "Once you got the guy in custody, all he's got is a bunch of firecrackers he can buy 40 miles south of here."

The judge said it would not be necessary to have the fireworks in the courtroom and denied Evans' request to have police bring them in.

Evans said Stockham was interested in social protest, not attacking the mosque, and intended to spray paint the words "Crazy Horse 18" on or around the building. The phrase refers to a U.S. Apache helicopter involved in a 2007 attack in Iraq that killed a Reuters news photographer and his driver. Classified video of the attack was posted online last year.

Evans said Stockham's anger was directed at the helicopter's pilot and the U.S. government for not doing more to investigate the attack.

"He wanted to bring attention to it — he wanted to do it in a public way," Evans said. "He wanted media attention — no doubt about it. He just got a little more than he expected."

Dearborn, a Detroit suburb, is the hub of the region's Arab-American community, one of the largest in the U.S. A third of the city's 100,000 residents trace their roots to the Arab world.

Joe Nahhas, a manager at a Detroit restaurant, testified Friday that he called 911 and the FBI after spending time talking to Stockham in his eatery. He said Stockham told him he was typing letters intended for the media on a laptop computer and wanted Nahhas to distribute them after a "big explosion."

"I asked him where — where's the explosion?" Nahhas said. "He said 'Here, there, the mosque.'"

Nahhas said Stockham spoke of his conversion to Islam after serving in the Vietnam War and learned about the religion from Indonesian mujahedeen, or holy warriors. He called himself a mujahedeen, which Nahhas said "raised a flag immediately" for him.

"I know what the word mujahedeen means," Nahhas said. "I can read, write and speak Arabic."

In 2002, Stockham was accused of making threats against President George W. Bush and officials at Vermont facilities for veterans.

He was released three years later from a medical center in Springfield, Mo., which treats federal inmates with mental-health problems. Stockham was ordered to abstain from alcohol and continue psychiatric treatment.

He has been caught during the past three decades for a string of felonies — from kidnapping his son and attempting to hijack a plane to planting a bomb outside an airport — and spent time in various prisons and mental health hospitals.

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Judge blocks release of Tucson shooter's mug shots (Reuters)

PHOENIX (Reuters) – A federal judge has ordered a temporary stay on the release of federal "mug shots" of accused Tucson shooter Jared Lee Loughner, after his attorneys argued releasing them would be tantamount to trying him in the media.

In a ruling announced on Friday District Judge Larry Burns stayed the release of U.S. Marshals Service booking photographs of Loughner, 22, pending a court hearing on February 18.

Loughner is charged with the attempted assassination of U.S. Representative Gabrielle Giffords and attempting to murder two of her aides in a January 8 shooting rampage outside a Tucson supermarket that killed six people and injured 13.

The order follows an emergency motion lodged by Loughner's attorneys on Thursday, arguing that mug shots are "powerfully associated with criminality."

"Release of the photograph conflicts with the parties' interests in avoiding the case being tried in the media rather than in court," defense attorney Reuben Camper Cahn argued.

He added that mug shots are "inherently private," and "reveal what individuals look like at their most humiliated moment," and argued that their release served no relevant freedom of information interest.

The photograph of Loughner so far released to the media was taken by the Pima County Sheriff's Department after his arrest.

The U.S. Marshals Service mug shots that his attorneys sought to block were taken after he was subsequently booked into federal custody.

Further federal charges are expected to be brought against Loughner, after which he could face prosecution for an array of state crimes.

(Reporting by Tim Gaynor; Editing by Jerry Norton)

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