Sunday, July 08, 2007

Fun Padilla coverage in the NYTimes

Sunday's New York Times covers some of the craziness occurring in the Jose Padilla trial. Here we go with some highlights:

Mr. Padilla looks relaxed most days, only seldom betraying tension when his jaw muscles twitch or his shoulders hunch in his business suit. He laughs softly when his lawyers joke, and he smiles at his mother when she comes to court on Fridays. He seems to follow the tortuous proceedings closely, but what he is thinking is anyone’s guess.

What kind of joke could you make to a guy who was held without charges or any real human contact for three years? And isn't it always "anyone's guess" as to what a defendant is thinking?

Where Mr. Padilla eats lunch is one mystery of the trial, . . .

That's a mystery of the trial? Well, here you go -- he's eating in the holding cells in the courthouse. And he usually gets a horrible bologna and cheese sandwich.

. . . but a far larger question looms: What must the jurors be thinking? . . . (One can imagine the jurors in deliberations, arguing over whether “eating cheese” means waging jihad or enjoying a chunk of Gruyère.)

Ah, we're back to wondering what others are thinking... I'm willing to bet a lot of money that no juror utters the word Gruyere. Any takers?

Since the trial began on May 14, their own lives have sometimes proved more dramatic than the case. One juror’s sister died of cancer last week; she wept during a break the next day, prompting Judge Marcia Cooke to dismiss court early. Another was injured trying to stop a car thief; he was excused.

Judge Cooke is very considerate. The jurors must absolutely love her. I know the lawyers do.

Several times now, the five women and seven men have shown up in color-coordinated outfits. One day, the men dressed in blue and the women in pink. On July 3, the first row wore red, the second white and the third blue, leading bloggers to wonder whether they were worrisomely frivolous or unified — or so patriotic as to condemn all accused terrorists.

I've been picking on the reporter a bit, but now I sorta like her. She mentions our scoop on the jurors wearing colors to court. Why no shout out!! Come on!!

The most interesting things almost always happen when the jurors are not around. That is when the lawyers complain to Judge Cooke, often bitterly, about each other’s conduct and plans. Once in a while they even fix each other with death stares, as if summoning a voodoo curse.

Now this is good stuff. Maybe I should start a new poll -- who has the best death stare in the trial? Please discuss!

Tensions erupt so often that some days it seems the jurors are filing out to their break room every few minutes. The lawyers have fought over whether the government could use the term “violent jihad” (no), whether it could show jurors a CNN interview with Osama bin Laden (yes) and whether the cross-examination of a witness could last longer than direct questioning.

They complain of insufficient warning about exhibits and accuse each other of prejudicing the jury.
“Your honor, this is insanity,” John Shipley, an assistant attorney general, said last week, complaining about a late-night e-mail message he received from one of Mr. Hassoun’s lawyers.

Some more interesting stuff, but time to pick on the reporter a little again. "Assistant Attorney General"? Nope. Try again. Shipley is an Assistant United States Attorney. But I do like the quote. STOP THE INSANITY!

Judge Cooke usually listens patiently [when the lawyers bicker out of the presence of the jury] while the jurors do who-knows-what — coordinate their outfits, perhaps — in the break room. But last week she blew up at Jeanne Baker, a lawyer for Mr. Hassoun, calling her “disrespectful” after Ms. Baker talked over a government objection.
“Tell the jurors to take 10 minutes,” Judge Cooke said, adding, “I’m taking 10 minutes.”
She adjourned court early that day. There are still weeks to go.

Oh boy. Doesn't sound good for Baker. To get Judge Cooke angry, you really have to mess something up.... Even though I picked at the article, I enjoyed it. It's interesting to cover a trial with good lawyering on both sides...

Friday, July 06, 2007

Big shout out to the blog

NBC's Nick Bogert in his weekly "Bogert's Brief" discusses Bush's commutation of Scooter Libby's sentence. He read this post about my initial reaction to the decision to commute the sentence and asked if we could do an interview. The blog gets a prominent mention and the website address is even displayed. Pretty cool. Here's the video.

It's always interesting doing these interviews and seeing what portions they pick to put on the air. (There's an awful lot of me typing and sitting at the computer, which is very strange when they are filming. I kept typing -- this is really weird, this is really weird -- until they told me to stop.)

"Feds: Miami terror cell practiced with paintball"

That's the headline in this AP article about the Miami 7 from Liberty City who are charged with conspiring to blow up the Sears Tower. My favorite part of the article:

Some were clearly bewildered by what had happened to them. One of those arrested in June 2006 even asked the FBI agents interrogating him whether he could have some of the marijuana he had been carrying, according to the statements filed recently in federal court.

That defendant, 23-year-old Naudimar Herrera, asked for ''a rub of my green'' after the agents showed him a videotape of the group swearing loyalty to al Qaeda and its leader, Osama bin Laden, at the direction of an FBI informant the men knew as Mohammed.

''Herrera said that he needed the substance to calm his nerves. . . . Herrera was provided with a bottle of water to drink and was allowed to take a restroom break,'' an FBI summary said.


Classic.

Thursday, July 05, 2007

More thoughts on the Padilla jury

As detailed below, a bunch of different blogs are commenting on the Padilla jury. And we have had some interesting comments too. A person who claims to have been on the Libby jury has written in:


J said...
On the Libby jury, we all wore red on Valentine's Day. This jury is wearing red white and blue for the Fourth of July. It wasn't a sign of anything then and it should not be read as one now. It's simply a way to relieve the tension and boredom of being in the courtroom for all those hours. It's hard to keep up, believe me, when it's summer and you're thinking about what to put on the grill rather than what a poor case the government is putting on.
1:04 PM


Interesting. I'm swamped right now so I can't comment further, but I will try to get to it this weekend.

Happy birthday SDFLA blog

It's been two great years doing this blog. We started Fourth of July weekend two years ago, and since then readership has shot up (last year we were averaging about 175 hits a day, now we are up to well over 300 per day), a bunch of other local blogs have started to cover the courts, and we continue to have fun doing it.

Here is our first post, arguing that the President should appoint a Floridian to the Supreme Court (apparently, he didn't listen!).

And here is our one year anniversary post.

Our second year anniversary post, about the jurors dressing up in the Padilla trial, has gotten a bunch of attention. Thanks to the Volokh Conspiracy, the Wall Street Journal legal blog, Rumpole, Discourse, The National Review, TalkLeft, and a bunch of others for linking to that post. Our numbers are way up because of it...