News and Notes

Lots of district news:

1. Liberty City seven: The expert (Raymond Tanter) is testifying. If the defendants are convicted, this will be issue #1 on appeal. Reports from the Sun-Sentinel & Herald. (I've been told that the expert plans on writing a book about his trial experience in this case -- cross examination is today, so we'll find out more.)

2. Joe Cool: Although the government has yet to decide if it will seek the death penalty, defense lawyers have asked that Bill Matthewman be appointed for his expertise in death cases. (Via Sun-Sentinel). And despite the comments to previous posts, Judge Huck has indicated that he will probably set the trial in about six months -- plenty of time for both sides to prepare.

3. Julie Kay's NLJ column: Her first is here (Florida leads states in wage suits; clogging fed courts).

4. Coverage of US v. Williams oral argument, via HowAppealing:

"An anti-porn law that will survive?" Lyle Denniston has this post at "SCOTUSblog."
"Justices Hear Arguments on Internet Pornography Law": Linda Greenhouse has this article today in The New York Times.
Today in The Washington Post, Robert Barnes reports that "High Court Surveys Child Pornography Law's Scope."
David G. Savage of The Los Angeles Times reports that "High court weighs child porn law; Justices seek to establish whether a tool to punish online purveyors of illegal pictures infringes on the 1st Amendment."
In USA Today, Joan Biskupic reports that "Court puts child porn law to test; Justices appear skeptical of challengers' arguments."
And The Miami Herald reports that "Child-porn law debated; The attorney for a former Miami-Dade officer argued before the U.S. Supreme Court that a law to curb child pornography is too broad."
"Supreme Court hears arguments over child-pornography law": McClatchy Newspapers provide this report.
"Supreme Court Takes Up Child Porn Case": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
And at "The Volokh Conspiracy," Orin Kerr has a post titled "Oral Argument in United States v. Williams."

Oral argument transcript from the Supreme Court

The transcript of today’s argument in United States v. Williams, argued by Rick Diaz, is now available here.

Rick Diaz and Lou Guerra to Washington

At 10 a.m today, the United States Supreme Court is scheduled to hear oral argument in United States v. Williams (06-694), asking whether a federal ban on pandering material believed to be child pornography is unconstitutional. Solicitor General Paul Clement will argue for the petitioner, and Richard J. Diaz -- yes, that Rick Diaz -- will argue for the respondent. Louis Guerra will be joining Rick at counsel table.

Initially Judge Middlebrooks denied Diaz & Guerra's motion to dismiss. The 11th Circuit reversed. And the High Court granted cert.

Go get em Rick and Lou.

Should Liberty City 7 jury hear from "radicalization" expert?

Yes, says Judge Lenard who is going to permit the government expert Raymond Tanter to testify as to how regular people become terrorists. From Vanessa Blum's article in the Sun-Sentinel:

The federal government's leading expert witness in its terrorism case against seven Miami men will take the stand this week to answer what may be the most pressing question facing law enforcement since the Sept. 11, 2001, attacks: How do ordinary individuals become terrorists?

In what will be the first testimony of its kind in a U.S. terrorism trial, Raymond Tanter is expected to tell jurors that most would-be terrorists start off as unremarkable individuals seeking a sense of belonging and purpose within an extremist group.Prosecutors want Tanter, a political science professor at Georgetown University, to tell jurors the seven defendants accused of plotting to bomb the Sears Tower in Chicago fit that profile and were on a path likely to end in violence.

Tanter's testimony is based on a theory called the radicalization process. It is important to the government's case because the defendants — who have no Middle Eastern roots, mostly grew up in South Florida and practiced a blend of religions — may not fit jurors' notions about terrorists.Defense lawyers tried unsuccessfully to block Tanter from testifying, describing his theories as unscientific and too new to be considered reliable.

Joe Cool case to Judge Huck

The parties better get ready for trial!