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Ordered Liberty

The prosecutor in the terrorism case must explain these possible scenarios in detail to the court in arguing that the lawyer should be disqualified. But even as the prosecutor makes his argument, he knows he is basically writing the defendant’s appellate brief for him. The defendant, of course, wants the trial record to be riddled with error, since that is his best chance of getting any eventual conviction reversed. So prior to trial he says the prosecutor is absolutely wrong, that he fully understands the potential conflicts, and that he desperately wants the conflicted lawyer anyway. Then, after he has been convicted, the defendant tells the appellate court that the prosecutor was absolutely right, that there was no way he could have foreseen all the ways the conflicts would compromise the lawyer’s ability to render competent representation, and that the conviction must be reversed for precisely the reasons the prosecutor warned about prior to trial.

This is why a judge should never gratuitously invite this kind of error into a case. When a judge decides the lawyer must be disqualified because the case is too complex for the conflict to be waived knowingly, there is no way the appellate court will reverse that decision. On appeal, the only real question will be whether the unconflicted lawyer who ended up representing the defendant was competent. If he was, then the essence of the Sixth Amendment has been satisfied and there is no reason to reverse the conviction — certainly not for failure to permit representation by a conflicted lawyer who almost certainly would not have been more competent.

Yet gratuitously inviting error is exactly what Judge Lewis A. Kaplan has done in the Abu Ghaith prosecution. Abu Ghaith announced that he wanted to retain Stanley L. Cohen, an attorney who — like Bill Kunstler, Lynne Stewart and other self-styled “political” (which is to say, radical) lawyers — has represented many anti-American terrorists. Cohen, however, is in steaming hot water. He is under indictment in one federal district for obstructing the IRS. And in the Southern District of New York (SDNY), whose U.S. attorney is in charge of the Abu Ghaith prosecution, Cohen is under investigation for criminal tax violations (and in federal procedure, such investigations must be approved by Justice Department headquarters, which, it should be noted, assigned Abu Ghaith’s case to the SDNY).

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Top Rated Comments   
The assignment of a lawyer like this to the defendant is explicable in either of three ways: 1.) The judge genuinely believes that the negative view the public overwhelmingly holds toward Al Qaeda makes it hard for the defendant to get a fair trial or 2.) The judge that allowed this flake lawyer to represent the defendant is in basic sympathy with Al Qaeda’s stated aim of world Islamic supremacy or 3.) The judge is too stupid for words to adequately describe and God help us if there are too many more like him out there.
46 weeks ago
46 weeks ago Link To Comment
Why the combatants haven't all been shot for being out of uniform in a war zone is beyond me.

(radical) Islam delenda est
46 weeks ago
46 weeks ago Link To Comment
All Comments   (14)
All Comments   (14)
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Not good! These are not 7-Eleven robbers.
45 weeks ago
45 weeks ago Link To Comment
What a treasure you are, Andrew. You know where all the bodies are buried.
46 weeks ago
46 weeks ago Link To Comment
Watching the overreach of Progressivism crumble on numerous fronts simultaneously is something to behold indeed.

The RICH part is observing the left sit-n-spin as they try and collectively (pun intended) deflect the ever growing chorus of scandals rocking the administration. And now the left has to deal with older roosters finally coming home to roost.

The next collection of shoes likely to drop will be a stampede of people jostling to turn states evidence (aka whistle-blowing) in an attempt to secure some level of protection while the currency of their knowledge still retains value.


46 weeks ago
46 weeks ago Link To Comment
Meanwhile back at the ranch we have a tried and true "enemy combatant" that is a free man, continuing his political and financial jihad against the U.S.A. -
Democratic Representative Hakim Muhammed aka Keith Ellison. According to Breitbart News, "DEM REP INTRODUCES TAX PLAN TO MAKE WALL STREET TRADES 'LESS PROFITABLE'." So, the Muslim Brotherhood CAIR and their operatives are STILL being allowed to operate and punish America from within. This is the same exact MO that Nidal Hasan and Ghaith are using - wasting taxpayers dollars, delaying justice so as to buy time to prosthelytize. No wait, it's what Obama and Holder are doing too!!
While we are distracted by bombardments of deception and injustices - the MB in the U.S.A. continues its jihad against us in lock-step with this current administration. Tell me I'm wrong.

46 weeks ago
46 weeks ago Link To Comment
and Jimmy,
Soon we may find out the real reason why Benghazi happened.
Why Stevens was at a compound with no securty force. Why the demonstrators blew a hole in the security wall and did not enter the compound immediately. Why Stevens and a single aid were on the roof of the compound with no weapons when the exSeals arrived through the hole in the compound wall. Why after the exSeals got weapons on site and started shooting, Stevens disappeared and he did not go back into the lower part of the building for security. No, he went into a upper room all by himself and that is where the demonstrators found him and took him to the Libyan hospital where he died. Why did they look in that dark upstairs room for Stevens. Was this incident all just a sham to kidnap Stevens and trade him for the Blind Sheikh to get Obama a better position on the election. Were Obama and crew not sure of the IRS and the Dead person vote to get him back in office??
46 weeks ago
46 weeks ago Link To Comment
Would this have gone any differently if obama is a closet muslim?
46 weeks ago
46 weeks ago Link To Comment
The U.S. Army is very good at trying any who question their Dear Leader's natural born status, or lack of same, and in a manner that would put a Kangaroo Court to shame, but when it comes to trying Muslims they just pee their pants.
46 weeks ago
46 weeks ago Link To Comment
The military (U.S. Army) can't even muster up enough to try U.S. Army Major Allah Akbar who killed 13 on a U.S. Army base, and they are still paying him thousands a month. A civilian court could hardly do any worse.
46 weeks ago
46 weeks ago Link To Comment
The assignment of a lawyer like this to the defendant is explicable in either of three ways: 1.) The judge genuinely believes that the negative view the public overwhelmingly holds toward Al Qaeda makes it hard for the defendant to get a fair trial or 2.) The judge that allowed this flake lawyer to represent the defendant is in basic sympathy with Al Qaeda’s stated aim of world Islamic supremacy or 3.) The judge is too stupid for words to adequately describe and God help us if there are too many more like him out there.
46 weeks ago
46 weeks ago Link To Comment
The Obama administration will never stop trying to buy sympathy from the Muslim world with its actions that undermine the nation's security and defense. I think his entire view of the Muslim world is based on a childhood memory of the call to prayer as "the prettiest sound in the world", and he absolutely refuses to see it any other way.
46 weeks ago
46 weeks ago Link To Comment
and who is paying for all this legal defense. YOu got it, you and me.

Personally I wish they would try to break into an NRA member's home and for the cost of a couple bullets, we could save all these costs. These costs which only seem like make work programs for lawyers.
46 weeks ago
46 weeks ago Link To Comment
barry;
You got the right idea!
Get yourself a law degree! You can just argue them to death with your pusillanimous drivel.
46 weeks ago
46 weeks ago Link To Comment
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