Tuesday, March 11, 2003

Well done . . . Prosecutorial Discretion At Work San Francisco DA Drops Charge Against Police Chief. The district attorney dropped all charges against Police Chief Earl Sanders and his top aide Tuesday, saying he couldn't prove... [TalkLeft: The Politics of Crime] It seems my prior criticism was too harsh.  DA Hallinan, unlike many who wear the prosecutor mantle, took the noble step of admitting the failures of his case. 10:21:35 PM    comment [] Casuistry, Indeed . . . Judge Reaffirms Ruling that "Dirty Bomber" Should Be Permitted to Consult With Counsel Judge Michael Mukasey, U.S. District Court, Southern District of New York, today reaffirmed his prior ruling that Jose Padilla should be permitted to consult with counsel.  The opinion, found here, is well worth reading.  First, because it reveals a throughtful jurist taking on a very difficult problem in an effort to find a balanced solution.  Second, and perhaps more critically, it show a Judge frustrated by dealing with the arrogance of government counsel who behave in a way they, themselves, surely would tolerate from any defense attorney short of making accusations of unethical conduct.  Indeed, the Judge demonstrates his ire in a final jab at the end of the opinion:  Lest any confusion remain, this is not a suggestion or a request that Padilla be permitted to consult with counsel, and it is certainly not an invitation to conduct a further "dialogue" about whether he will be permitted to do so. It is a ruling -- a determination -- that he will be permitted to do so. It is always nice, if a bit rare,  to see the rules in action when the apply to both sides! 4:48:44 PM    comment []

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