Henry Hudson

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Henry Hudson
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Current Court Information:
United States District Court for the Eastern District of Virginia
Title:   Judge
Position:   Seat #11T
Station:   Richmond, VA
Service:
Appointed by:   George W. Bush
Active:   08/02/2002 - Present
Preceded by:   114 Stat. 2762
Past post:   Fairfax County District Court, Judge
Past term:   1998 - 2002
Personal History
Born:   1947
Home State:   Washington, DC
Bachelors:   American U., B.A., 1969
Law School:   American U. Law, J.D., 1974

Contents

Henry Hudson is an Article III federal judge for the United States District Court for the Eastern District of Virginia. He joined the court in 2002 after being nominated by President George W. Bush.[1]

Early life and education

Hudson graduated from American University earning his Bachelor's and Juris Doctor Degrees in 1969 and 1974.[1]

Professional career

  • Assistant commonwealth attorney, Commonwealth Attorney's Office, Arlington County, Virginia, 1974-1979
  • Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Virginia, 1978-1979
  • Private practice, 1979, 1991-1992, 1994-1998
  • Commonwealth attorney, Arlington County, Virginia, 1980-1986
  • U.S. attorney for the Eastern District of Virginia, 1986-1991
  • Director, U.S. Marshal Service, U.S. Department of Justice, 1992-1993
  • Circuit court judge, Nineteenth Judicial Circuit Court (Fairfax County), Virginia, 1998-2002 [1]

Judicial career

Eastern District of Virginia

On the unanimous recommendation of Virginia U.S. Senators John Warner and George Allen, Hudson was nominated by President George W. Bush on on January 23, 2002 to a new seat created by 114 Stat. 2762 which was approved by Congress. Hudson was confirmed by the U.S. Senate on August 1, 2002 on a Senate Vote and received commission on August 2, 2002.[1]

Notable cases

The notable case section on this page needs to be reformatted.



Health care reform lawsuit

Judge Hudson was the presiding judge in a lawsuit filed by Virginia Attorney General Ken Cuccinelli regarding the health care reform bill, which was signed into law by President Barack Obama. A hearing was scheduled for July 1, 2010. Attorneys representing the federal government tried to dismiss the case.[2]

The State of Virginia is suing over a mandate by the federal government requiring people to buy health insurance by 2014. Cuccinelli feels the mandate violates the commerce clause of the U.S. Constitution. The federal government argues that congress has the right to regulate insurance because it involves interstate commerce.[2]

  • CLICK HERE for a copy of Attorney General Cuccinelli's arguments to not dismiss the lawsuit.

After studying the stock holdings of Judge Henry Hudson, Americans United for Change, an advocacy group, has requested his recusal from the case. From 2003 to 2008, Henry held stock in a company called Campaign Solutions, Inc. The company has had both the Republican National Committee and National Republican Congressional Committee as clients. In response to the claims, the company said, "Since joining the federal bench, he has fully disclosed his stock ownership in the company. He is a passive investor only, has no knowledge of the day to day operations of the firm, and has never discussed any aspect of the business with any official of the company." [3]

On the first day of Cuccinelli's suit before the court, Judge Hudson said he would have a decision by the end of the year, but acknowledged, “As you well know, this is only one brief stop on the way to the United States Supreme Court.”[4]

Ruling

True to his promise of announcing his decision by the end of the year, on December 13, 2010 Judge Hudson agreed with the central tenet of the case argued by the state of Virginia. He ruled that under the Commerce Clause the Congress does not have the authority to mandate that Americans buy health insurance. However, there is no immediate impact to the case, since Hudson refused to suspend the implementation of the act. [5]

Michael Vick Dogfighting Case

Hudson was the presiding federal judge in the case of United States v. Peace, Phillips, Taylor & Vick which was best known as the trial of former Atlanta Falcons Quarterback Michael Vick.

Michael Vick was investigated by the US Marshal's Service in his involvement in a dogfighting ring in Virginia in which he ran along with three other people known as the Bad Newz Kennelz[6].

Investigations from the Eastern Virginia US Attorney's Office and the US Marashal led to July 18, 2007 in which a Federal Grand Jury returned an indictment on Michael Vick and three other associates on the charges of with competitive dogfighting and conducting the venture across state lines as Vick conducted this venture in the Commonwealth of Virginia and in the State of Georgia[6]. The 19-page indictment alleged Vick was highly involved in the operation, alleging that he attended fights and paid off bets when his dogs lost. The indictment returned by the grand jury said he also was involved in the executions of dogs that did not perform well[6].

Federal officials twice searched the property owned by Vick near Smithfield, Virginia in 2001 after suspicions were initially raised in April of 2001. Officers reportedly found equipment associated with dogfighting, blood stains on the walls of a room and a bloodstained carpet stashed on the property. Federal Officials reportedly removed more than 60 dogs from the property.[6].

According to the indictment, Vick decided in his rookie season of 2001 with associates Quanis Phillips and Tont Taylor to start a dogfighting operation. Vick, who grew up in Newport News, paid $34,000 in June 2001 for a property at 1915 Moonlight Rd. and, according to the indictment, "used this property as the main staging area for housing and training the pit bulls involved in the dogfighting venture and hosting dog fights."

The men, who named their enterprise the "Bad Newz Kennelz" developed the property for their dogfighting operation which involved building a house including "a fence to shield the rear portion of the compound from public view and multiple sheds used at various times to house training equipment, injured dogs and organized fights," according to the Grand Jury Indictment[6].

The indictment also went in detail on a series of dogfights in which members of the operation allegedly participated including several fights in the fall of 2003 when Vick was sidelined with a broken leg[6].

The grand jury indictment also said that in April 2007, Purnell Peace, Quanis Phillips and Michael Vick "executed approximately eight dogs that did not perform well in 'testing' sessions by various methods, including hanging, drowning and/or slamming at least one dog's body to the ground." Vick also is alleged to have consulted with Peace before Peace killed a losing dog by electrocution in 2003[6].

Vick in July of 2007, Vick entered a non-guilty pleas in front on federal judge Henry Hudson on all charges brought against him[7]. As a condition of his bail agreement, Vick was forced to surrender his dog breeding permit and passport and limit the amount of travel. Also, Vick was prohibited contact with any co-defendants during the case[7]. This set the stage for a jury trial on November 26, 2007 as part of Federal Guidelines which must set a trial date within 70 days of the date of a not guilty plea[7].

As the other co-defendants in the case were pleading guilty to testify against Michael Vick in his trial, Vick submitted a plea bargin on August 17, 2007. On December 10, 2007 on the Date of Vick's sentencing, Vick thought that he would get a reduced sentence for cooperating with authorities but Judge Hudson during the sentencing said he wasn't so sure[8].

"I'm not convinced you've fully accepted responsibility," Hudson told Vick, who arrived in court wearing the standard issue prison uniform when he voluntarily surrendered on November 19, 2007 to begin serving his sentence early[8].

Despite the early surrender, a public apology and participation in an animal sensitivity training course, Vick was denied an "acceptance of responsibility" credit that would have reduced his sentence[8]. Federal prosecutors opposed awarding Vick the credit over not being straightforward on polygraph tests to Federal Prosecutors and for lying to a Federal Judge[8].

Dogs that did not perform up to expectations were killed by electrocution, hanging, drowning and other violent means by the dogfighting ring. Hudson said evidence, including statements by the co-defendants, showed Vick was more directly involved than he admitted. Hudson also mentioned that Vick had been deceptive on a polygraph test. Though that evidence was not admissible in court, the results were discussed.

"He did more than fund it," prosecutor Michael Gill said, referring to the "Bad Newz Kennels" dogfighting operation. "He was in this thing up to his neck with the other defendants." Judge Hudson agreed and this led to Hudson to sentence Vick to 23 months in a Federal prison[8]

See also

External links

References

Federal judicial offices
Preceded by:
NA-New Seat
Eastern District of Virginia
2002–Current
Seat #11T
Succeeded by:
NA


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