Federal Judiciary

"Absolved of terrorism, Haitian still in limbo"

Posted on February 04, 2008
Jay Weaver's article on Lyglenson Lemorin's plight can be read here. Lemorin is the acquitted defendant from the Liberty City 7 case who remains jailed by imimgration authorities based on the same conduct even though he is a lawful permanent resident with no prior convictions.

It's not too late

Posted on February 04, 2008
The South Florida Federal Bar Association Judicial Reception is this Thursday night at the Hyatt from 5:30 to 8. RSVP now to Lourdes Fernandez at: Lourdes_Fernandez@flsd.uscourts.gov

Opening statements in Liberty City 6 case

Posted on February 01, 2008
Here's a nice article by the AP's Curt Anderson summarizing today's openings. Here's some of the back and forth:Ana M. Jhones, an attorney for alleged ringleader Narseal Batiste, told the new, racially mixed jury of seven men and five women that the FBI agents and prosecutors sought to build a case at any cost against the men from Miami's impoverished Liberty City neighborhood...

Don't clean that mold!

Posted on February 01, 2008
That's what Judge Story ruled in the Dyer mold case (via Julie Kay). From the article:According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story ? sitting in the Miami case ? issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein...

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Jury picked in Liberty City case

Posted on January 31, 2008
Openings to begin Friday.

Dade County Bar Judicial Poll

Posted on January 31, 2008
The results can be found here.Seems to me like a very low response rate, so it's probably of little use on the federal side.When are we going to move into the 21st century and allow cameras in the federal courtrooms so the public can see what's actually happening over here?

Members of Bloods gang indicted

Posted on January 29, 2008
14 of them to be exact. With RICO.

So, their pictures are better than mine...

Posted on January 29, 2008
From yesterday's dedication ceremony of the Atkins' building (via the DBR).

Gag order lifted in part

Posted on January 28, 2008
Judge Lenard held a hearing today on my motion in the Liberty City Seven case regarding the gag order that extended to acquitted defendant Lyglenson Lemorin, his lawyer Joel DeFabio, and DeFabio's agents (me). On January 12, we filed a motion for clarification of her order, asking how far the gag order reached and who was covered...

C. Clyde Atkins renaming ceremony

Posted on January 28, 2008
It was a beautiful day for a beautiful ceremony this morning, renaming the Tower Building the C. Clyde Atkins United States Courthouse (at 301 N. Miami Avenue).Here's a picture I took with my cell phone of Chief Judge Moreno presiding over the events...

"Thank goodness for courts and judges who know the Constitution and follow the law."

Posted on January 24, 2008
That's the concluding sentence from a glowing editorial about Judge Cooke's handling of the Padilla sentencing. Here's more:The punishment that Jose Padilla and two codefendants will get for conspiring with Islamic jihadists is both measured and fair...

Padilla defendants convicted because of "Obama bin Laden"

Posted on January 23, 2008
That's according to the Daily Business Review today. The entire quote:"Their attorneys blames their conviction on the numerous times prosecutors used al Qaeda and its leader Obama bin Laden in trial. Cooke also allowed jurors to see a videotape of Obama bin Laden...

Thoughts on Padilla sentencing

Posted on January 22, 2008
Many news outlets are referring to the 17 year sentence as "lenient." Since when did 17 years become a lenient sentence? Think about where you were 17 years ago.Some commenters are wondering why Padilla's sentence was the longest of the three defendants when his role was arguably the least serious...

Jose Padilla sentenced

Posted on January 22, 2008
Judge Marcia Cooke sentenced Jose Padilla to just over 17 years today. Co-defendant Adham Amin Hassoun received 15 years and eight months, and Kifah Wael Jayyousi, received 12 years and eight months.The sentences mark huge victories for the defense because the advisory sentencing guideline range calculated by the judge was 30 years to life, and the government was asking for life...

Big SDFLA day

Posted on January 22, 2008
Judge Cooke will impose sentence this morning in the Padilla case. The CSM asks the following question:Can a suspected future terrorist receive the same harsh punishment meted out against actual terrorists who were personally involved in planning or carrying out genuine bombings, assassinations, and kidnappings?The article then tracks some of Michael Caruso's arguments:In a hearing on Friday, Padilla's lawyer, Acting Federal Public Defender Michael Caruso, argued that there is no comparison between his client's conduct and the conduct of convicted terrorists currently serving sentences of life in prison...

"When justice rolls down like water..."

Posted on January 21, 2008
I'm a sucker for great speeches...Enjoy:

"Courthouse renamed for judge who championed causes for social justice"

Posted on January 17, 2008
More on the renaming of the C. Clyde Atkins courthouse here (by NLJ's Julie Kay).A Miami federal courthouse will officially be named after a popular deceased judge known for his rulings desegregating Miami schools and championing the rights of homeless people and Cuban and Haitian boat people...

Memo to thugs:

Posted on January 17, 2008
Don't get on YouTube and taunt law enforcement. You end up looking like this.Money quote -- Alex Acosta: ''He threatened law enforcement, he said come get him, and we granted his wish."

360 to Life

Posted on January 15, 2008
That's the guideline range for Jose Padilla and his two co-defendants as calculated by Judge Cooke. Now the Judge will hear arguments from the lawyers as to what the appropriate sentence is under 3553. In other words, the Judge must determine what sentence is sufficient but not greater than necessary...

Joking at the Supreme Court

Posted on January 15, 2008
The WSJ Blog points out funny exchanges at the Supreme Court. I reprint their fun post here (by the way, our funniest judge -- according to the poll at the right -- is Chief Judge Moreno, by a wide margin...):The Law Blog?s Laugh-In At the Supreme Court: Wow Posted by Peter LattmanThe big news out of the Supreme Court yesterday concerned what they didn?t do...

To recuse or not to recuse...

Posted on January 15, 2008
Judge Gold recused on the Ted Klein mold case. Julie Kay, in the National Law Journal, speculates that the entire Southern District bench may follow suit:U.S. District Judge Alan Gold in Miami has recused himself from a Freedom of Information case brought by the children of deceased magistrate judge Ted Klein against the General Services Administration...

"Life or less? Padilla to learn his fate"

Posted on January 14, 2008
Jay Weaver wonders here what will happen to Jose Padilla. The intro to the article:By week's end, Jose Padilla, a seemingly lost soul who drifted from gang member to Islamic convert to terrorist recruit, will learn whether he spends the rest of his life behind bars...

Tom Mulvihill on the front page of the NY Times

Posted on January 12, 2008
Interesting article here about the Venezuelan case that's been getting lots of national and international press. From the intro to the article:One day last August, an airport policewoman in Buenos Aires noticed something peculiar as she was monitoring a baggage scanner: the appearance of six perfect, dense rectangles inside a suitcase...

Padilla sentencing to continue next week...

Posted on January 11, 2008
Still no sentence for Jose Padilla and his co-defendants. Apparently, sparks are flying (via CSM). And more here from the Sun-Sentinel.Is there anything more stressful for litigants and judges than sentencing hearings? I'm sure everyone will be relieved when this is over.

Gagged?

Posted on January 11, 2008
Unfortunately, I will not be blogging about the Liberty City 7 case any more until the following issue is cleared up:As regular readers know, Judge Lenard gagged the defendants for the retrial. She also gagged acquitted defendant Lyglenson Lemorin and his lawyer Joel DeFabio...

Minor roles or leaders or something else?

Posted on January 10, 2008
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...

Judge Huck denies Noriega's request to block extradition

Posted on January 10, 2008
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...

Federal Bar Association Judicial Reception

Posted on January 09, 2008
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...

Poor Judge Cooke...

Posted on January 08, 2008
She has to deal with a lot of sentencing objections in Jose Padilla's case (via the AP).

Go, Dore, Go!

Posted on January 08, 2008
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...

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