Minor roles or leaders or something else?

Apparently, that's one of the big fights at the Jose Padilla sentencing (for all three co-defendants). From the AP:

Prosecutors say the three defendants were part of a conspiracy involving armed conflicts over decades in places like Kosovo, Afghanistan, Somalia and Chechnya and involving tens of thousands of people. Hassoun was depicted as a recruiter, Jayyousi as a financier and propagandist and Padilla as a recruit for al-Qaida.
"The charged conspiracy is exceedingly broad," said Padilla attorney Michael Caruso. "You have to concede that Mr. Padilla played a minimal role."
But prosecutor Russell Killinger said Padilla is "a trained al-Qaida killer" who was recruited to attend an al-Qaida training camp. He called Padilla's bid for a lenient sentence "astonishing."
"He's an instrument of the scheme itself," Killinger said.

The defendant's role in the offense will have an impact on the guideline level and will also impact Judge Cooke's ultimate sentencing decision....

Judge Huck denies Noriega's request to block extradition

Vanessa Blum has the details here:

Miami federal judge signed off on U.S. plans Wednesday to send former Panamanian dictator Manuel Noriega to France to face money-laundering charges, finding the French government has given sufficient assurances it would continue to treat Noriega as a prisoner of war under the Geneva Conventions.The ruling from U.S. District Judge Paul Huck, which followed three earlier court decisions approving the planned extradition, addressed concerns raised by Noriega's attorneys over France's refusal to formally designate Noriega a prisoner of war."Without that status of being declared a prisoner of war, there is no guarantee he will continue to receive those benefits," said Jon May, one of Noriega's attorneys.
Huck disagreed, saying he was satisfied with France's commitment to treat Noriega, 73, in accordance with the Geneva Conventions."What more could Noriega ask for or be entitled to?" Huck asked. "It's the benefits. It's not the nicety that he's called a prisoner of war."

More from the AP:

The ruling clears the way for Noriega's lawyers to appeal his extradition to the 11th U.S. Circuit Court of Appeals in Atlanta. U.S. lawyers say Noriega's extradition will not take place until the legal process is concluded.
"It is on hold," said Assistant U.S. Attorney Sean Cronin.

Federal Bar Association Judicial Reception

The Federal Bar Association will have its 27th Annual Federal Judicial Reception on February 7, 2008 at the Hyatt Regency in downtown Miami from 5:30-8p.m. $35 for government lawyers and $45 for private practitioners if you purchase in advance. Mail your checks to Federal Bar Association, 300 NE 1st Avenue, Rm. 112 Miami, Florida 33132, 305-52305770. Include a self-addressed return envelope for your tix. RSVP now.

Poor Judge Cooke...

She has to deal with a lot of sentencing objections in Jose Padilla's case (via the AP).

Go, Dore, Go!

In our continuing Go, Dore, Go! segment, here is Dore Louis from yesterday's hearing in front of Judge Cooke:

An attorney for Jayyoussi, a fundraiser for Muslim causes, launched a more direct assault on the government. ''The CIA and Justice Department destroyed evidence taken from people alleged to be unindicted co-conspirators in this case,'' argued Marshall Dore Louis. ``That's a problem.''

More from the Herald article here.

Jose Padilla sentencing to start today

Any bets as to what Judge Cooke will impose?

The early over-under line is 20 years.

--David Oscar Markus
www.markuslaw.com
305-379-6667

Standby Liberty City 7

Judge Lenard had to continue jury selection because of an emergency situation for one of the defense lawyers. Status conference on Wednesday.

Liberty City 7 retrial

It's now the Liberty City 6, and the retrial starts today, three weeks after the jury hung in the last trial.

Here's coverage by the Herald and AP. What do you think is going to happen? Another mistrial? That's what some of the jurors from trial #1 think (from Jay Weaver's article):

''From now on, they are going to have a hung jury just as we did,'' said Jose Viola, 58, an audio-visual technician for Miami-Dade public schools, who sat on the first panel and thought all of the defendants were innocent.
''There are going to be people who won't have the stomach to send these men to prison because they were set up,'' Viola said. ``And there are going to be people who will want to send them to prison because of al Qaeda.''
Delorise Thompkins, 64, who works at South Miami Hospital, agreed with her colleague on the first jury.
''I think it may hang again,'' she said. ``You're going to find someone always afraid of terrorist groups, but then when you see the evidence, there's not a lot there -- no plans, no papers, no pictures, no nothing, connecting them to Osama bin Laden.''

If that happens, will they go for trial #3?

And while Liberty City starts up, the Padilla sentencing starts Tuesday. Here's Vanessa Blum's coverage.