Copy of Padilla Torture response

Here is a copy of the government's response to Jose Padilla's claims of torture, and here is Professor Froomkin's analysis of same.

Torture response

The government has responded to Padilla's claims of torture, denying all of them. Here's the AP story and a brief quote:

"Padilla's conditions of confinement were humane and designed to ensure his safety and security," the government said in its filing. "His basic needs were met in a conscientious manner." That included halal food, some outdoor exercise and medical attention when necessary. Prosecutors said Padilla never made any abuse claims while in military custody. "Padilla's allegations of torture have no merit whatsoever," prosecutors said.

If anyone has the brief, please email it to me and I'll try to post it.

Speaking of chiefs....

Chief Justice John Roberts was in town tonight, speaking at the University of Miami before an audience of about 3,600. For those that weren't able to attend, here's the AP summary. Sounds like the Chief still isn't as bold as is Justice Scalia who spoke at Yale this weekend. Here's a summary of his remarks, in which he says things like this in response to why stick to originalism:

"Originalists can have fun too!"
"I don't pretend to have all of the answers, but I have most of them!"
"My point is not that originalism is perfect, but that it's better than everything else."
"If you are a non-originalist, it's you have zero answers. Every day is a new day for you."
"Stay tuned, if we look at the ceiling next year, we may come up with the answer."
"Unless you can come up with some theory as to how the Constitution evolves, you can't answer anything!"

UPDATE: Here is the Herald article in which our own Judge Mary Barzee is quoted: ''He was so poised and seemed very happy to be here,'' said Mary Barzee, a Miami-Dade Circuit Court judge who attended Monday's event. ``He's clearly a champion of the rule of law.'' The Herald article also has a link to the entire audio, which is pretty cool.

(Soon to be Chief) Judge Moreno

Julie Kay writes today about Judge Moreno becoming Chief of the District in July. The article is very favorable to Judge Moreno (rightfully so). Here is the conclusion to the article:

Moreno was appointed to the bench in 1990 by President George H.W. Bush. He began his legal career as an associate with a civil law firm before becoming an assistant federal public defender in Miami. He then switched back to the private sector, becoming a partner at Thornton Rothman & Moreno in Miami. In 1986, he was appointed a Miami-Dade County Court judge. The following year, he was elevated to the circuit court by Republican Gov. Bob Martinez. Moreno has received numerous awards, including the 2004 Lawyer of the Americas Award, the Outstanding Immigrant Award from Catholic Charities Legal Services, the Pro Bono Service Award of the Cuban-American Bar Association and the “People Helping People” Award from the United Way of Miami-Dade. He is consistently rated near the top in Miami-Dade County Bar Association polls. Miami criminal defense attorney Roy Black calls Moreno “the perfect person for that job.” “He’s so engaging and personable,” Black said. “He treats the lawyers on both sides with courtesy and is the kind of person who can build consensus.”

In the same article, there is discussion about the Bankest sentencings that have been continued. Apparently the guidelines are life. Considering the recent variances in white collar sentencings in Enron, Adelphia, Dynegy, and so on, I don't think Judge Jordan will impose a life sentence.

Lawyer and Reporter to testify

Judge Martinez is requiring a lawyer and a reporter to testify (over their objections and over the objection of the defense) in a criminal fraud trial. The DBR article by Julie Kay is available for free here.