Julie Kay interviews Chief Judge Moreno

Here.

Lots of good stuff in the article that will make lawyers and non-lawyers happy, like being more permissive with cell phones and laptops. The Chief also plans on making sure that secret dockets are a thing of the past and that all documents are made available to the public:

“I’m a very open person,” Moreno said. “My personal feeling is that if something is said in open court, it should be an open record.”

As for plea deals: "Moreno said the court will continue to study another issue that recently has generated controversy — whether plea agreements should be posted online."

Interesting article and worth a read.

"Dubai leaders ask judge to dismiss camel racing jockey lawsuit"

That's the headline from this AP article.

From the article, it looks like it was a very animated hearing:

U.S. District Judge Cecilia M. Altonaga did not indicate when she would rule but did ask a number of pointed questions, including whether she has authority over an issue involving people and events in several foreign countries but few ties to the United States.

"All of these claims should be entertained here?" she asked at one point. "None of the parties, none of the interests, none of the defendants are here."

The lawsuit filed last September asks for an unspecified amount of damages for young boys - primarily from Pakistan, Sudan, Mauritania and Bangladesh - who were forced to ride racing camels over a 30-year period in various Persian Gulf countries. The case was brought under a 218-year-old U.S. law known as the Alien Tort Statute, which provides federal courts with jurisdiction over certain civil cases involving foreigners.

But it wasn't easy for the Defendants either:

The Emirates have ended use of children as camel racing jockeys and set up a program with UNICEF to reunite them with their families and provide a range of social and educational services. Agreements between the Emirates and the four jockey source countries also envision creation of a compensation system funded by the Emirates.

Coles told Altonaga that the program is a better way than a lawsuit to address the problem. But the judge questioned whether that was adequate as a legal matter because the case targets the two sheikhs as individuals, rather than as heads of government.

"It doesn't make these individuals accountable in any way," Altonaga said of the jockey program.

Justice Jordan?

When we first started the blog, we argued that the upcoming High Court vacancies should be filled by a Floridian. And during that Supreme Court mania, some of our own judges, like Cecilia Altonaga and Federico Moreno (and 11th Cir. Judge Marcus and Fla. Sup. Ct. Justice Cantero) were mentioned. But instead we got Roberts and Alito...

Now Tom Goldstein, of SCOTUSBlog, theorizes who will be on the shortlist should a Democrat take the White House in 2008. Here is his original post and his follow-up post.

On the list -- Judge Adalberto Jordan! Goldstein says that Jordan makes the shortlist assuming that he quickly ascends to the Eleventh Circuit. Very exciting...

Our old poll on the subject is still up. The current results for the top three:


Stanley Marcus 38%

Federico Moreno 36%

Adalberto Jordan 9%

Government rests in Padilla

Lots of coverage of the Government resting today in the Jose Padilla trial ON FRIDAY THE 13th!

USA Today has this about the final witness from today:

The final prosecution witness Friday was FBI linguist Joyce Kandalaft, who testified that Hassoun's name and telephone number were on a card containing various names and numbers that Padilla was carrying when he was arrested.
She also testified about notations in Arabic made on checks written by Hassoun to Muslim charities and other entities that included the word "tourism." The government contends the word was code for violent jihad. The notations also frequently mentioned support for "brothers."
"Have you ever known the word brother to mean mujahedeen brother?" asked Assistant U.S. Attorney Russell Killinger.
"Yes, I have," Kandalaft replied.
Kandalaft also testified that Hassoun had included a verse from the Quran on one check that translates to: "And those who do wrong should soon come to know what punishment awaits them."

Strong ending for the Government. It's a nice circle -- tie the defendants together and get back to the coded language.

Then, according to the Herald's Jay Weaver:

"The United States would rest its case in chief at this time,'' prosecutor Russell Killinger said.... U.S. District Judge Marcia Cooke gave a stern warning to the 12 Miami-Dade jurors not to talk about the case with anyone, nor to read or watch anything about it. ''You will have to be extra super-duper cautious,'' Cooke advised the jurors, instructing them to return on Thursday, when the defense will begin its case.

Why do lawyers always talk in "woulds"? I would rest; I would argue; I would call so and so witness. It's weird, no? I do it too, I guess, and I don't know why. I like how Judge Cooke says to be "extra super-duper cautious." I always wonder whether jurors really listen to these instructions or whether they hop on the internet...

Here's the AP article by Curt Anderson, which talks about this blog's coverage. Here's the intro to the article:

For a star defendant whose name is known around the world, Jose Padilla has become almost a bit player in his terrorism support trial and some observers say the federal government may not have proved its case against him.
Prosecutors rested their case Friday after nine weeks, 22 witnesses and dozens of FBI wiretap intercepts played at trial, most of them in Arabic with written translations for jurors. Defense lawyers for Padilla and his two co-defendants begin presenting their case next week.

Despite the strong finish, I'm one of those observers:

"Although everyone has been referring to this case as the Padilla trial, the government's case against Padilla has been pretty thin," said David O. Markus, a Miami defense attorney who has frequently written about the case on his legal blog.

I say this because most of the Government's case, including the vast majority of the phone calls played for the jury, involved the other two defendants. As I said before, I think the case against Padilla really comes down to the terror camp form and whether the jury believes that Padilla filled it out and whether they believe he did so with the intent to murder. If yes on both, convicted. If no on either, NG.

The former U.S. Attorney, Guy Lewis, is another observer:

Former Miami U.S. Attorney Guy Lewis said prosecutors often are forced to present a "watered-down" case when much evidence is classified to protect national security. It's also a tougher case when there's no "smoking gun" or witness who can swear the defendants committed illegal acts.
"It's a loose-knit conspiracy with very few overt acts," Lewis said. "You didn't catch them committing a terrorist act. Talk only, and talk is cheap."

And, of course, there's the jurors dressing up:

Jurors have sometimes shown up for duty in coordinated clothing, most notably in rows of red, white and blue before the July 4 holiday. That has prompted much speculation among lawyers and legal bloggers about whether they are unified or sending a pro-government message.
"If everyone is thinking the same way at such an early stage, defense lawyers get nervous," Markus said. "Or the prosecution could be nervous because this is obviously a happy jury. Happy juries in a terrorism trial might not be good."
Or, he added, they might simply be bored.

Government to rest in Jose Padilla trial

By lunchtime today, the Government will rest its case in the Jose Padilla trial. Ten weeks, lots of phone calls, expert witnesses, CNN videos, mentions of Playboy, jurors dressing up, reporters being threatened with contempt.... What's next? The defense will argue for judgments of acquittal on Tuesday. If those motions are denied, the jury will return next Thursday.

UPDATED -- THE GOVERNMENT RESTED AROUND NOON TODAY.

Yesterday, an FBI agent said that Padilla was evasive when he was arrested. This from the NY Times:

On Thursday, the Federal Bureau of Investigation agents who arrested Mr. Padilla testified that he was evasive about the four years he spent in the Middle East and Pakistan. The agents said a lengthy interview in an airport conference room yielded nothing substantive about his time overseas.
Special Agent Russell Fincher said Mr. Padilla, an American born in Brooklyn, disclosed which neighborhood of Cairo he had lived in for two years and the first name of his roommate there. But he said he had forgotten the address and his roommate’s last name — a suspicious lapse, Mr. Fincher said, since Mr. Padilla, then 31, could recall where he had lived as a child in Chicago.
Mr. Padilla, who had just returned to the United States on a flight from Zurich, also told the agents that he had married an Egyptian woman but could not remember her telephone number.
“It led me to believe that Mr. Padilla was being evasive with regard to his answers about his travels overseas,” Mr. Fincher said.
Under defense questioning, Mr. Fincher conceded that Mr. Padilla could not recall his mother’s phone number or his most recent address in the United States.
Mr. Padilla was carrying a picture of his baby sons at the time of his arrest, Mr. Fincher said, and a piece of paper with his mother’s contact information. Mr. Padilla told the agents that he had never been to Afghanistan, but that he had gone to Pakistan to study Islam on the advice of a Pakistani he met in Saudi Arabia.

And the Government tried to shore up its position on the training camp form:

Earlier Thursday, a government expert in document analysis testified that Mr. Padilla could have filled out the training camp application in July 2000, the date written on it. But under defense questioning, the expert, Gerald LaPorte, acknowledged that there was no way to determine who filled it out or when.

“I can’t render a conclusion at all,” Mr. LaPorte said.

And this from the AP:

Also Thursday, a Secret Service document analyst testified that the form attributed to Padilla was consistent with others recovered by the CIA in a binder in Afghanistan in December 2001. The forms appeared to be authentic and to have been copied from a single original on the same copying equipment, analyst Jerry LaPorte testified.
There were two types of ink and two different pens used to fill out the supposed Padilla form, he added. LaPorte testified he couldn't tell when the entries were completed, although the form bears a date of July 24, 2000.
Prosecutors expect to rest their case Friday, the end of the ninth week of testimony. Defense lawyers are scheduled to begin next week on their case, which will likely continue into August.


I really think the case against Padilla comes down to whether the jury believes that he filled out this form with the intent to go overseas to join a terrorist camp. If the jury has doubt about how and when Padilla's prints were left on this form, he walks. Thoughts?

Shameless self promotion

Yesterday I (along with UM law professor Ricardo Bascuas) filed this lawsuit in an attempt to figure out whether broadcasting legal cockfighting from Puerto Rico on the internet was contrary to 18 U.S.C. 48 or protected by the First Amendment. The website at issue is http://www.toughsportslive.com/

The lawsuit has received considerable buzz in the media and blogosphere. Here's a collection of stories:

1. The New York Times
2. Ann Althouse
3. Volokh Conspiracy
4. The Sun-Sentinel
5. How Appealing
6. Anorak
7. Above the Law
8. Australian Herald Sun

Very exciting....

Playboy and the Padilla trial

This blog has covered Playboy and the law in the past.

Now Playboy has been mentioned in the Padilla trial (via the Miami Herald):

The Jose Padilla terror trial turned light for a moment on Tuesday when a defense lawyer attacked the credentials of a government witness while questioning him about his post-9/11 interview with Playboy magazine.

Attorney William Swor lost his bearings as he tried to ask international terrorism expert Rohan Gunaratna about a passage in the November 2002 interview.

''You were not the centerfold,'' Swor quipped, as the dozen Miami-Dade federal jurors laughed.

''It's very important that it was the article on terrorism,'' countered Gunaratna, a Singapore university professor who was born in Sri Lanka. He said he had explain to his mother that former President Jimmy Carter had once done an interview with the "dirty magazine.''

Swor finally got around to asking Gunaratna what he meant when he told Playboy that sometimes the U.S. should ''terminate'' clandestine agents when ''black ops'' run their course. Swor insisted it was a ''euphemism'' for ``kill.''

Gunaratna strongly denied the accusation.

And here's the AP:

Swor repeatedly probed Gunaratna's credentials and previous testimony for inconsistencies. At one point, Swor brought up a November 2002 interview Gunaratna gave to Playboy magazine for a terrorism article in which he criticized the U.S. for being unwilling to "terminate" undercover operatives if things go bad.

"By terminate, you mean kill, right?" Swor said.

"It means you don't work with them any longer," Gunaratna said.
Swor responded skeptically. "You're not just going to give him a pink slip and say, 'See you around,'" he said.

In one of the day's lighter moments, Gunaratna said he wanted the record to show that the Playboy article was on terrorism and had no connection to pornography.

"They might be wondering if I posed naked for Playboy," Gunaratna said, adding that he had a difficult time explaining to his mother how he wound up in the magazine.

Ah, yes. I'm sure the jury was wondering if Gunaratna posed naked for Playboy because he looks a lot like Oona O'Connell.

I hope the jury doesn't get any ideas for dress up from the Playboy mention.

I think the most interesting news is that the Government is set to rest by the end of the week. I wonder how much of a defense there is going to be (if any).

Okay, okay, here's another picture of Oona (which we got from Abovethelaw).

Baseball agents gets 5 years

Yesterday Judge Moore sentenced baseball agent Gustavo ''Gus'' Dominguez to five years in prison. Legendary pitcher Sandy Koufax wrote this letter in support of Dominguez. The Herald covers the sentencing here. And here's a snippet from the article re Koufax:

Koufax, a southpaw and three-time Cy Young winner while pitching for the Brooklyn and Los Angeles Dodgers in the 1950s and 1960s, met Dominguez through friends at the Dodgers training camp in Vero Beach.
''I have always considered Gus to be a person of strong character and high moral principles,'' Koufax wrote. ``He has an unshakable love for his culture and does his best to serve as a role model to the players he represents, especially Latin players.''
Dominguez's defense team said the agent asked his old friend to travel from Southern California for the sentencing -- but he could not make the trip. Koufax, ranked 26th among The Sporting News' ''100 Greatest Baseball Players,'' instead wrote the letter.