Case Document 3 Filed 02/19/13 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NOTICE CONCERNING WAIVER OF JUDICIAL DISQUALIFICATION FROM: Angela D. Caesar, Clerk of Court TO: Matthew Michael Graves, E-mail: matthew.graves@usdoj.gov 1 Brian Matthew Heberlig, E--mail: bheber1ig@steptoe.corn I Reid Henry Weingarten, E-mail: rweingarten@steptoe.com FEB 1 9 William L. Drake, E-mail: wdrake@steptoe.com 2013 Dan K. Webb, E-mail: dwebb@winston.com outfit; 8' 33"l"UDtcy District of Columbia RE: United States v. Sandra Stevens Jackson, Canon 3D of the Code of Conduct provides (with exceptions not pertinent to these cases) that when a judge is disqualified in a proceeding because "the judge's impartiality might reasonably be questioned," the judge may participate in the proceeding if all the parties and lawyers, after notice of the basis for the disqualification, have an opportunity to confer outside of the presence of the judge and all agree in writing to waive the disqualification under a procedure independent of the judge's participation. Unless a waiver is obtained from all parties and all counsel, Judge Wilkins intends to disqualify in these proceedings because of these circumstances: In 1988, while a law student, Judge Wilkins served as a co-chair of Harvard Law School students supporting the presidential campaign of Rev. Jesse L. Jackson, Sr., and on October 24 1988, Judge Wilkins introduced Rev. Jackson when he came to speak at a campus event supporting the presidential candidacy of Govemor Michael Dukakis. On March 21, 1999, while an attorney, Judge Wilkins appeared as a guest on a show hosted by Rev. Jackson on the CNN network entitled "Both Sides with Jesse Jackson" to discuss a civil rights lawsuit in which Judge Wilkins was a plaintiff. Judge Wilkins believes that he has spoken to Rev. Jackson only on these two occasions, and he does not believe that he has ever met or spoken to the two defendants in these cases. If you and your client(s) wish to waive the judge's disqualification, a letter to that effect from you and from your client(s) must be sent to me within three days of the date of this Notice. A sample letter is enclosed. The letter should be signed and submitted by the attorney of record only after consultation with all of his or her clients in the above-styled and numbered cause. The letters should not be sent to the judge and copies should not be sent to other counsel. DO NOT E--FILE YOUR SUBMIT DIRECTLY TO THE CLERK OF COURT. If all parties submit such letters, this Notice and all responses will be made part of the record, as required by Canon 3D, and the judge will continue participation in the proceeding. If a waiver is not received on behalf of all parties and their respective counsel by noon on February 22, this Notice and any responses will be kept under seal by the clerk and not shown to the judge, nor will the judge be informed of the identity of any party or lawyer who declined to waive the disqualification. If the disqualification is not waived in both of the above-referenced cases by noon on February 22, the case will be reassigned to another judge. This form must be signed and returned to the U.S. District Court Clerk: Case Document 3 Filed 02/19/13 Page 2 of 2 By mail: Angela D. Caesar, U.S. District Court Clerk, 333 Constitution Ave NW, Washington, DC 20001 Or by FAX: Attention Angela D. Caesar, 202-354-3067 Or by e-mail: gov so that the Clerk receives the form NOT LATER THAN NOON ON FEBRUARY 22, 2013. This notice was transmitted on the 19th day of February, 2013. Angela D. Caesar ANGELA D. CAESAR, CLERK Case Document 3-1 Filed 02/19/13 Page 1 of 2 From: Malt Graves United States Attorney's Olliee District oi'Columbia 555 4th Street, NW.. Washington, DC. 20530 To: Angela D. Caesar U.S. District Court Clerk FEB 333 Constitution Ave, NW Clerk US '1 9 2013 'ashington, 2000: cum' Bankruptcy the District of Columbia Date: liebruary 19, 2013 Re: United States v. Sandra Jackson, Case No. 13-CR-59 Dear Clerk: Counsel for the United States has received and reviewed the Clerk's Notice informing the parties that Judge Wilkins intends to disquaiil"y himself from this case because his impaitiality might reasonably be questioned. The United States hereby waives this disqualification. We are willing to proceed forward with Judge Wilkins presiding. Pursuant to Canon 3D ofthe Code oi'Conduet. am submitting this letter to the clerks oilice, but am not copying Judge Wilkins, nor am I copying the other counsel of record or the other parties. Yours truly, i Matt Graves Attorney ol'Reeord, on behalfof: The United States Case Document 3-1 Filed 02/19/13 Page 2 of 2 NOTICE TOATTORNEYS: DO NOT E-FILE THIS THE CLERK OF COURT From: Thomas L. Kirsch 35 W. Wacker Dr. Chicago, IL 60601 To: Angela D. Caesar U.S. District Court Clerk 333 Constitution Ave, NW Fi Washington, DC 20001 FEE Date: February 19, 2013 NANCY MAYEFE Re: United States V. Sandi Jackson, Case No. 13-cr--59 DMRM Dear Clerk: I have consulted with my client(s), Sandi Jackson, which are all of the clients that I represent in the aboVe--sty1ed and numbered cause, concerning the Clerk's Notice that Judge Wilkins intends to disqualify himself from this case because his impartiality might reasonably be questioned. My c1ient(s) and I hereby waive this disqualification. We are willing to proceed forward with Judge Wilkins presiding. Pursuant to Canon 3D of the Code of Conduct, I am submitting this letter to the clerk's office, but I am not copying Judge Wilkins, nor am I copying the other counsel of record or the other parties. Thomas L. Kirsch Attorney of Record, on behalf of: Sandi Jackon