Amos Miller Hearing Postponed, Former Lawyer Withdraws

The show cause hearing for Amos Miller originally scheduled for this month has been pushed back to December after Judge Edward G. Smith accepted arguments made by both sides to reschedule during a phone hearing last week.

Miller’s lawyer assigned to the case for several years was also allowed to be withdrawn after nearly a year of motions by the Upper Leacock farmer to remove him from representation.

Late in 2021, Miller asked to remove Dallas-based attorney Steven Lafuente from the case in a bid to represent himself. Judge Smith did not accept the motion to withdraw Lafuente, instead requiring his business, Miller’s Organic Farm, to be represented by a licensed attorney.

But in September, Miller hired high-profile attorney Robert Barnes to represent himself and the business. Miller also received a postponement of his show cause hearing scheduled for Sept. 26 after Barnes was brought on board, pushing the date back to Oct. 31.

Miller and his wife, Rebecca, were originally set to appear before Judge Smith in the U.S. Courthouse in Easton for the show cause hearing to consider adding Rebecca as a defendant in the case, to examine compliance of paying $305,065 in fines and the possible incarceration of Amos “for his continuing civil contempt, until defendants make such payments.”

LaFuente, who had represented Miller for several years, did not object to being withdrawn from the case that has been making its way through the court system since 2016 when the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS), represented by the U.S. Department of Justice, filed a civil action requiring Miller and Miller’s Organic Farm to comply with federal meat and poultry food safety statutes.

“I think now that there’s licensed counsel on board to represent the farm. I think that all those problems are going to be alleviated now, and that Mr. Miller can continue with the counsel of his choice,” LaFuente said.

Gerald Sullivan, the assistant U.S. attorney for the Department of Justice overseeing the Miller case, said he has “traded emails” with Barnes since he took over in September. Sullivan said he has asked Barnes to present a settlement proposal in the case, and Barnes notified him earlier in October that he would be “shortly sending me something.”

“This is the first time we’ve actually heard each other’s voices, although I’ve heard Mr. Barnes on various podcasts about the case or various broadcasts about this case,” Sullivan said.

Barnes has been speaking about the case on several news programs, including InfoWars and his own popular podcast, Viva & Barnes Law Podcast.

Smith said Miller’s case is currently in a “similar juncture” from about a year ago when a different attorney entered an appearance on the farmer’s behalf for a few months and “seemed to be really focused on compliance.”

“And now again, this year, we have a new attorney, and this attorney appears to be able to get Mr. Miller’s ear,” Smith said. “So, we’re looking forward to moving forward and hoping that that occurs.”

Smith postponed the Oct. 31 show cause hearing until Dec. 16. The judge also reiterated an order made on July 29 requiring Miller and Miller’s Organic Farm to file a detailed summary of the arguments they intend to make at the show cause hearing and a list of supporting evidence and witnesses by no later than Nov. 25.

The DOJ was also given the opportunity to conduct any related discovery deemed necessary in the case and to subpoena appropriate rebuttal witnesses for the hearing.

“We’re concerned that we do get the advance notice that your honor’s July 29 order contemplated before any hearings so that we have an opportunity to review the potential arguments and witnesses and deal with those through discovery or motion practice in advance, if possible,” Sullivan said.

Smith said he welcomed Barnes’s appearance on behalf of Miller in “what has been a long running case” with a lengthy docket. Smith said it appeared several times that the case was about to be resolved before taking a different course.

“Unfortunately, there are still issues outstanding, so I’m, I’m pleased to welcome you to the case and see whether a new pair of eyes can shed some light on the best way to resolve this,” Smith said.

Barnes said he was a “little optimistic” when he requested the Oct. 31 date for the show cause hearing. Barnes said he has been “digging into the entire farm structure to try to figure out the way to get a global resolution” on the case, and he said there is a “likelihood” the show cause hearing now scheduled for Dec. 16 may be moot by that time as he attempts to come up with an amicable solution.

“It has taken me a little bit longer than I optimistically assumed out of the gate,” Barnes said.

Smith said he viewed the case as “pretty simple” to find a resolution.

“The issue is relatively simple, but the regulations, to me anyway, even after all these years, are still somewhat confusing,” Smith said. “And just how difficult it is to come in compliance with those regulations is still a little less than concrete in my own mind.”