You must read this opinion, especially Judge Lagoa's concurrence (joined by Judge Grant), in United States v. John Moore. Here are some excerpts from the beginning of the concurrence:
John Moore, Jr., and Tanner Mansell are felons because they tried to save sharks from what they believed to be an illegal poaching operation. They are the only felons I have ever encountered, in eighteen years on the bench and three years as a federal prosecutor, who called law enforcement to report what they were seeing and what actions they were taking in real time. They are felons who derived no benefit, and in fact never sought to derive any benefit, from the conduct that now stands between them and exercising the fundamental rights from which they are disenfranchised. What’s more, they are felons for having violated a statute that no reasonable person would understand to prohibit the conduct they engaged in.
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For reasons that defy understanding, Assistant United States Attorney Tom Watts Fitzgerald learned of these facts and—taking a page out of Inspector Javert’s playbook—brought the matter to a grand jury to secure an indictment for a charge that carried up to five years in prison. Watts Fitzgerald decided to pursue this indictment despite the following undisputed facts: Moore and Mansell (1) called law enforcement to report what they were doing, (2) were comfortable involving their tourism customers in their actions, (3) encouraged Kuehl to record what was happening, and (4) returned the gear to the marina dock as instructed. Against the weight of all this—which, in my view, plainly suggests a good-faith mistake on Moore and Mansell’s part—Watts Fitzgerald determined that this case was worth the public expense of a criminal prosecution, and the lifelong yokes of felony convictions, rather than imposition of a civil fine.
8 comments:
Teed up for 2255.
Is anyone surprised Twatts Fitsgerbel did this? The guy has made a career going after small fish and low hanging fruit.
But they still affirmed.
What a waste of government resources! Kudos to Lagoa and Grant for calling Fitzgerald out by name. Fitzgerald is no stranger to the blog, and as he reaches the twilight of his quinquagenarian career, let us say a few words about Mr. Fitzgerald’s legacy….who knows, maybe this homage makes it to his eulogy.
Title: Watts Fitzgerald, Justice Mislaid
Watts Fitzgerald, the justice-bound knight,
Who spent forty-five years in a self-righteous fight.
But was it for truth, or for some noble cause?
No, it was for minnows and crabs in his claws.
At great public cost, he'd sharpen his blade,
For crimes so minuscule, you'd think they were made.
A lobster too large? A shrimp caught too late?
He'd march them to court, sealing their fate.
While real crimes ran rampant, and chaos unfurled, Fitzgerald waged war on the sea's tiny world.
The taxpayers groaned, the defendants despaired, as their lives were upended by justice impaired.
Millions were spent on his ocean crusade,
While victims of real crime were left in the shade.
But Watts pressed on, with blind zeal in his eye,
As the true cost of justice kept climbing sky-high.
Five decades, and what did we gain?
A treasury drained, and reputations in pain.
For Fitzgerald's grand quest, we all paid the price - the cost of his folly, a grim sacrifice.
So here's to the man who missed the big crimes,
To prosecute fish with zeal so sublime.
In the annals of justice, his name will remain - not as a hero, but as justice's bane.
Well done Mr. Fitzgerald. Your reptilian injustices will live in infamy.
Seems like they should have charged the family that hired them for the shark encounter, too. They helped haul the stolen goods into the boat. And they were the money behind the operation. Maybe it started as a family encounter with kids in tow, but it ended as a federal crime they aided and abetted. I'm sure the AG would have approved any prosecution of a minor with facts as serious as these.
Seriously, if the USA is going to dip his toe selectively for media - justifying the search -which I think was justified - at Pino's house and discussing the likely charges that no longer could be brought -- which I think went too far) -- he should answer questions on this one too.
ChatGPT should be the next U.S. poet laureate.
Interesting to see the 11th calling out TWF’s conduct. He is a person who shouldn’t have the power of the government behind him, he plays loose with facts in court, refuses to provide witness statements and other discovery and is extremely difficult to negotiate with.
Wow. Brilliant (and sad).
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