More developments in the Jose Padilla case emerged from a pretrial hearing on Padilla's motion to suppress. Apparently he was first stopped on the pretext that he had over $10,000 in cash at the airport but had only declared $8,000. Law enforcement was hiding in a closet because they didn't want to spook him, waiting to confront him about a possible terror attack... The hearing continues tomorrow in front of Magistrate Judge Stephen T. Brown. The whole AP article is here. Here's a snippet:
Russell Fincher, an agent in the FBI's New York-based unit investigating Osama bin Laden, testified at a pretrial hearing in Padilla's terrorism support case that he traveled to Chicago's O'Hare International Airport in May 2002. He wanted to meet Padilla's plane so that he might uncover al-Qaida's plans.
"I believed there was a terrorist act that was going to happen. I believed he had knowledge of that. I needed his help," Fincher said of Padilla. "I didn't want to arrest him."
During an interview over nearly five hours in an airport conference room, Fincher said Padilla talked freely about his criminal past as a Chicago gang member, his conversion to Islam and his travels in Egypt, Pakistan and elsewhere. But when his story didn't add up, Fincher said he confronted Padilla with terrorist allegations and asked if he would testify before a grand jury about his purported al-Qaida connections.
"He stood up and told me the interview was over and it was time for him to go," Fincher said.
Padilla was then arrested on a material witness warrant, which allows a person with direct knowledge of alleged criminal acts to be taken into custody. A month later, President Bush designated him an "enemy combatant" and he was placed in military custody. He remained there until November, when he was charged in an existing Miami case.
Monday's hearing concerned whether Padilla was officially in law enforcement custody during the interview and, if so, whether he was properly advised of his rights as a suspect. Padilla's lawyers said his statements should be barred from trial if those rights were violated.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Monday, July 17, 2006
Sunday, July 16, 2006
"How FBI moles snared terror suspects"
That's the headline of today's Herald article about the now infamous Miami 7 "terror" case. It has many more details than previous press acounts. It explains the initial meeting between the lead defendant, Narseal Batiste, and the FBI this way:
Batiste, a struggling contractor born in Chicago who headed the local branch here of a Moorish religious sect, became friendly with the store's owner after learning that he was going to Yemen on vacation in October. The store owner happened to be an FBI informant.
After the shopkeeper's return, Batiste, with two of his followers present, laid out his vision. Batiste said that he was a member of the Moorish Science Temple -- a sect that blends Christianity, Judaism and Islam -- and that its members were entitled to their own government within the United States. Violence was the only way, he said, and he explained to the store owner that only extreme Islamic groups, such as al Qaeda, could help.
The shopkeeper told the FBI of Batiste's plans. For FBI agents, the threat was serious enough to have him introduce Batiste to another informant, an Arabic man with a thick accent.
The second man was Mohammad, a friend of the store owner's uncle. Batiste pressed the shopkeeper to find out whether the man knew al Qaeda leader Osama bin Laden, but was told that question was off limits.
So far the press has been very pro-defendant. This article is not at all.
Batiste, a struggling contractor born in Chicago who headed the local branch here of a Moorish religious sect, became friendly with the store's owner after learning that he was going to Yemen on vacation in October. The store owner happened to be an FBI informant.
After the shopkeeper's return, Batiste, with two of his followers present, laid out his vision. Batiste said that he was a member of the Moorish Science Temple -- a sect that blends Christianity, Judaism and Islam -- and that its members were entitled to their own government within the United States. Violence was the only way, he said, and he explained to the store owner that only extreme Islamic groups, such as al Qaeda, could help.
The shopkeeper told the FBI of Batiste's plans. For FBI agents, the threat was serious enough to have him introduce Batiste to another informant, an Arabic man with a thick accent.
The second man was Mohammad, a friend of the store owner's uncle. Batiste pressed the shopkeeper to find out whether the man knew al Qaeda leader Osama bin Laden, but was told that question was off limits.
So far the press has been very pro-defendant. This article is not at all.
Friday, July 14, 2006
Get well
Apparently Magistrate Judge Theodore Klein is seriously ill. We wish him the very best and hope for a speedy recovery.
Thursday, July 13, 2006
Wednesday, July 12, 2006
Justice Kennedy Speaks Out Against Lengthy Sentences
Once again Justice Kennedy has spoken - federal sentences are too harsh. Period. His latest comments came from a speech at the Ninth Circuit Conference this week.
"If an 18-year-old is growing marijuana for a friend, that's distribution," the Sacramento native told judges, lawyers and court officials at the conference, held at the Hyatt Regency. "If he has his father's .22 rifle, that's a firearm. That will get 15 years. "Did you know what 15 years was when you were 18? I didn't when I was 18."
Justice Kennedy also spoke out against the lobbying efforts of correctional officers' unions adding: "The fact that the prison guards' association lobbies for higher penalties is sick," Justice Kennedy said.
I guess the question is what can be done? It appears, at least thus far, that Justice Kennedy's bark is louder than his bite? He has yet to author an opinion with the same rhetoric of his recent speeches. Whatever one's beliefs are regarding the length of federal sentences, it appears that this debate is far from over.
"If an 18-year-old is growing marijuana for a friend, that's distribution," the Sacramento native told judges, lawyers and court officials at the conference, held at the Hyatt Regency. "If he has his father's .22 rifle, that's a firearm. That will get 15 years. "Did you know what 15 years was when you were 18? I didn't when I was 18."
Justice Kennedy also spoke out against the lobbying efforts of correctional officers' unions adding: "The fact that the prison guards' association lobbies for higher penalties is sick," Justice Kennedy said.
I guess the question is what can be done? It appears, at least thus far, that Justice Kennedy's bark is louder than his bite? He has yet to author an opinion with the same rhetoric of his recent speeches. Whatever one's beliefs are regarding the length of federal sentences, it appears that this debate is far from over.
Tuesday, July 11, 2006
Cocaine Cowboy movie
Readers of this blog might be interested in Alfred Spellman's and Billy Corben's new documentary, Cocaine Cowboys. Check out the profile in the July issue of Ocean Drive and their
blog.
blog.
Monday, July 10, 2006
News and notes
Lots of good stuff in the Review today:
1. Padilla news (subscription required) from Julie Kay: "Defense attorneys involved in the scheduled trial of Jose Padilla and four co-defendants accused of plotting and supporting terrorism are sparing no expense in preparing their defense, including traveling to the Middle East to interview potential witnesses. William Swor, the Detroit lawyer for Kifah Jayyousi, is currently in the Middle East, and Kenneth Swartz, the Miami lawyer who represents Adham Hassoun, is planning on traveling to Jordan and Egypt later this month, according to sources involved in the case. Swartz declined to comment, and Swor was unavailable. It’s unclear whether lawyers for key defendant Padilla also will be traveling to the Middle East. Calls to Andrew Patel of New York and Michael Caruso of the federal public defender’s office in Miami were not returned by deadline. Also last week, Padilla’s lawyers asked the government to initiate a request for “evidence and assistance” from Egypt. No further information about what information Padilla’s lawyers are trying to obtain was available in the court file. Padilla’s attorneys asked for the request to be sealed, so the prosecution team would not find out about it. U.S. District Judge Marcia Cooke denied the request."
2. Former U.S. Attorney news (subscription required) by Carl Jones: Marcos Jiminez is stirring the pot -- "Former U.S. Attorney Marcos Jimenez has filed an unusual petition on behalf of the Miami-Dade Judicial Nominating Commission asking the Florida Supreme Court to override the Legislature and allow the governor to appoint 55 new judges. When the Legislature created the new positions in May it specifically required the judges be elected. Jimenez and the 11th Judicial Circuit JNC — whose nine members were all appointed by Gov. Jeb Bush — asks that the judgeships be filled by appointment by the end of this year. That would mean that Gov. Bush would get to appoint the new judges before he leaves office in early 2007. The surprise move seeks to reverse a delicate compromise reached last year between Republicans and Democrats. Last year, the Republican-controlled Legislature created 55 new judgeships to be filled through appointment by the Republican governor. The deal with the Democrats was that the judgeships created in 2006 would be filled through election. The seats created this year included 35 circuit court judgeships and 20 county court judgeships."
Interesting issue here. Any thoughts?
1. Padilla news (subscription required) from Julie Kay: "Defense attorneys involved in the scheduled trial of Jose Padilla and four co-defendants accused of plotting and supporting terrorism are sparing no expense in preparing their defense, including traveling to the Middle East to interview potential witnesses. William Swor, the Detroit lawyer for Kifah Jayyousi, is currently in the Middle East, and Kenneth Swartz, the Miami lawyer who represents Adham Hassoun, is planning on traveling to Jordan and Egypt later this month, according to sources involved in the case. Swartz declined to comment, and Swor was unavailable. It’s unclear whether lawyers for key defendant Padilla also will be traveling to the Middle East. Calls to Andrew Patel of New York and Michael Caruso of the federal public defender’s office in Miami were not returned by deadline. Also last week, Padilla’s lawyers asked the government to initiate a request for “evidence and assistance” from Egypt. No further information about what information Padilla’s lawyers are trying to obtain was available in the court file. Padilla’s attorneys asked for the request to be sealed, so the prosecution team would not find out about it. U.S. District Judge Marcia Cooke denied the request."
2. Former U.S. Attorney news (subscription required) by Carl Jones: Marcos Jiminez is stirring the pot -- "Former U.S. Attorney Marcos Jimenez has filed an unusual petition on behalf of the Miami-Dade Judicial Nominating Commission asking the Florida Supreme Court to override the Legislature and allow the governor to appoint 55 new judges. When the Legislature created the new positions in May it specifically required the judges be elected. Jimenez and the 11th Judicial Circuit JNC — whose nine members were all appointed by Gov. Jeb Bush — asks that the judgeships be filled by appointment by the end of this year. That would mean that Gov. Bush would get to appoint the new judges before he leaves office in early 2007. The surprise move seeks to reverse a delicate compromise reached last year between Republicans and Democrats. Last year, the Republican-controlled Legislature created 55 new judgeships to be filled through appointment by the Republican governor. The deal with the Democrats was that the judgeships created in 2006 would be filled through election. The seats created this year included 35 circuit court judgeships and 20 county court judgeships."
Interesting issue here. Any thoughts?
News and notes
Lots of good stuff in the Review today:
1. Padilla news (subscription required) from Julie Kay: "Defense attorneys involved in the scheduled trial of Jose Padilla and four co-defendants accused of plotting and supporting terrorism are sparing no expense in preparing their defense, including traveling to the Middle East to interview potential witnesses. William Swor, the Detroit lawyer for Kifah Jayyousi, is currently in the Middle East, and Kenneth Swartz, the Miami lawyer who represents Adham Hassoun, is planning on traveling to Jordan and Egypt later this month, according to sources involved in the case. Swartz declined to comment, and Swor was unavailable. It’s unclear whether lawyers for key defendant Padilla also will be traveling to the Middle East. Calls to Andrew Patel of New York and Michael Caruso of the federal public defender’s office in Miami were not returned by deadline. Also last week, Padilla’s lawyers asked the government to initiate a request for “evidence and assistance” from Egypt. No further information about what information Padilla’s lawyers are trying to obtain was available in the court file. Padilla’s attorneys asked for the request to be sealed, so the prosecution team would not find out about it. U.S. District Judge Marcia Cooke denied the request."
2. Former U.S. Attorney news (subscription required) by Carl Jones: Marcos Jiminez is stirring the pot -- "Former U.S. Attorney Marcos Jimenez has filed an unusual petition on behalf of the Miami-Dade Judicial Nominating Commission asking the Florida Supreme Court to override the Legislature and allow the governor to appoint 55 new judges. When the Legislature created the new positions in May it specifically required the judges be elected. Jimenez and the 11th Judicial Circuit JNC — whose nine members were all appointed by Gov. Jeb Bush — asks that the judgeships be filled by appointment by the end of this year. That would mean that Gov. Bush would get to appoint the new judges before he leaves office in early 2007. The surprise move seeks to reverse a delicate compromise reached last year between Republicans and Democrats. Last year, the Republican-controlled Legislature created 55 new judgeships to be filled through appointment by the Republican governor. The deal with the Democrats was that the judgeships created in 2006 would be filled through election. The seats created this year included 35 circuit court judgeships and 20 county court judgeships."
Interesting issue here. Any thoughts?
1. Padilla news (subscription required) from Julie Kay: "Defense attorneys involved in the scheduled trial of Jose Padilla and four co-defendants accused of plotting and supporting terrorism are sparing no expense in preparing their defense, including traveling to the Middle East to interview potential witnesses. William Swor, the Detroit lawyer for Kifah Jayyousi, is currently in the Middle East, and Kenneth Swartz, the Miami lawyer who represents Adham Hassoun, is planning on traveling to Jordan and Egypt later this month, according to sources involved in the case. Swartz declined to comment, and Swor was unavailable. It’s unclear whether lawyers for key defendant Padilla also will be traveling to the Middle East. Calls to Andrew Patel of New York and Michael Caruso of the federal public defender’s office in Miami were not returned by deadline. Also last week, Padilla’s lawyers asked the government to initiate a request for “evidence and assistance” from Egypt. No further information about what information Padilla’s lawyers are trying to obtain was available in the court file. Padilla’s attorneys asked for the request to be sealed, so the prosecution team would not find out about it. U.S. District Judge Marcia Cooke denied the request."
2. Former U.S. Attorney news (subscription required) by Carl Jones: Marcos Jiminez is stirring the pot -- "Former U.S. Attorney Marcos Jimenez has filed an unusual petition on behalf of the Miami-Dade Judicial Nominating Commission asking the Florida Supreme Court to override the Legislature and allow the governor to appoint 55 new judges. When the Legislature created the new positions in May it specifically required the judges be elected. Jimenez and the 11th Judicial Circuit JNC — whose nine members were all appointed by Gov. Jeb Bush — asks that the judgeships be filled by appointment by the end of this year. That would mean that Gov. Bush would get to appoint the new judges before he leaves office in early 2007. The surprise move seeks to reverse a delicate compromise reached last year between Republicans and Democrats. Last year, the Republican-controlled Legislature created 55 new judgeships to be filled through appointment by the Republican governor. The deal with the Democrats was that the judgeships created in 2006 would be filled through election. The seats created this year included 35 circuit court judgeships and 20 county court judgeships."
Interesting issue here. Any thoughts?
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