Twenty-Second Joint Status Report Regarding State of Discovery in USA vs. Skilling

This is the twenty-second joint status report regarding the state of discovery.It is now six years after the fact of this document and it still has the power to make my blood boil. Everything that Skilling would claim in the coming years – that the prosecution withheld exculpatory evidence, that they refused him access to witnesses and material, that they were just being giant douches – is here. My heart breaks for him; he was trying very hard to stop it even then, and then, as now, he was ignored.

The Enron Task Force drones on and on about how well they provided Brady material to the EBS and Nigerian Barge defendants (which in itself is dismaying) but they acknowledge they would not give Skilling access to much of the LJM and/or Andy Fastow material – which would seem to be rather important considering the charges against him. It’s a fascinating and infuriating read, well worth your time.

Judge Sim Lake Denies Skilling & Causey’s Motion To Change Venue

Jeff Skilling and Rick Causey filed a joint motion to change the venue of the trial to Denver, Phoenix or Atlanta, all places they felt they might get a trial where the jurors weren’t wishing them dead. The motion was joined by Ken Lay. Judge Sim Lake denied the motion.

Government’s Opposition To Jeff Skilling’s Motion To Dismiss

This 2005 document is the government’s reply to a defense motion to dismiss the case based on prosecutorial abuse. It is a slurry of crazysauce. The government says that “almost” all of the defense’s allegations are untrue. I learned in the FBI that people who are innocent make huge, categorical denials while guilty people hedge. For instance:

Q. “Did you kill her and chop her up?”

A. “I don’t think I killed her.”

An innocent person will say, “I didn’t fucking kill her. I didn’t touch her, I didn’t even know her. Now let me call an attorney.”

So when the government says that “almost” all of the defense’s allegations are untrue, anyone with critical thinking skills has to ask which ones are the government admitting to?

The document mentions the Nigerian Barge case, Broadband, and even Bernie Ebbers (see footnote 6). It’s interesting and infuriating; check it out.

Jeff Skilling’s Motions For Extension To File Petition For Rehearing

These aren’t super-exciting or anything but might be interesting to anyone who cares about the guts of the case.

Skilling’s unopposed motion fo extension until May 20 to file for petition for en banc hearing

Skilling’s (second) unopposed motion for extension until June 30 to petition for en banc hearing

Skilling’s request granted

The DOJ are a combative bunch, opposing even the most benign and reasonable requests, so I am surprised they’re unopposed to this motion.

Jeff Skilling Documents

I just got an avalanche of Skilling documents, so I’ll be posting them through the week. This is a letter from Dan Petrocelli to the Court, advising them of U.S. v. Coniglio, which works in Skilling’s favor. And more supplemental authority:

US v Black (Conrad Black)
US v Hargrove

I just love Petrocelli’s mind; he is extremely sharp and can see the subtlest point from ten miles away. He’s a supremely good attorney and there is something sweet and earnest about him when you see him in action.


1. Some moron was searching for Rick Causey’s obituary this morning. Stop that shit. Right now.

2. This article made me make a frowny face. It says that Johnathan Barnes used to be an “Enron executive.” I do not know every person who ever worked at Enron, but I’ve never heard of Mr. Barnes. It makes me wonder if anyone who has ever had Enron on their resume can automatically claim to be an executive of some kind.

3. I’ve been feeling this weird little pain in my neck all day so I finally looked in the mirror and discovered that I have been ATTACKED BY A VAMPIRE!:

So I sent an email to Big, demanding to know why he didn’t protect me from the vampires, which he ignored. Then I sent another email:

To which he replied:

You gotta be careful around those wily Enron executives. They don’t care if you turn into an immortal, blood sucking vampire AND they accuse you of sniffing paint. Mean. So cruel. And I try so hard to be nice to him. Or maybe I only like him because the paint fumes make me loopy.