Padilla Hearing to Go To Third Round

David Marcus has the account of today’s Padilla hearing. The bottom line is that not much happened, and everyone is coming back on TuesdayThursday morning for best of three, in which Padilla will enter a plea and the Magistrate Judge will presumably rule on bail. (The US asked he be held without bail, no surprise there.)

There was one odd thing, though. As the Magistrate Judge prepared to appoint the Public Defender’s office as lead counsel, with Padilla’s current attorney (who’s not a member of the Florida bar) as co-counsel, the US Attorney’s office objected:

AUSA Stephanie Pell then told the Judge that there was a potential conflict with the Miami office accepting the appointment. [Chief Assistant Federal Defender Michael] Caruso said that his office has reviewed everything and that he could say “without equivocation” that there was no conflict. Garber took the matter up at sidebar and after conferring, he kept the Miami Defenders as lead counsel.

They’re playing hardball alright, but what on earth could they have been talking about?

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