Author Archives: Michael Froomkin

Ricardo Bascuas Wins In Amicus Brief Filing Dispute

Posted on January 6, 2006 by Michael Froomkin

Speaking of the SFLA Blog, I see via it that one of my colleagues won one: Ricardo Bascuas prevailed over a peculiar, peevish, pettifogging, and petty attempt by local prosecutors to block two amicus briefs in the en banc phase of the so-called “Cuban Five” case. (The underlying issue is whether the defendants, accused of being Cuban spies, could get a fair trial in the surcharged anti-Castro atmosphere of Miami, especially after it was whipped up against them by massive pre-trial publicity; the collateral issue on which Rick prevailed was just whether National Lawyers Guild, the National Association of Criminal Defense Lawyers, the National Association of Federal Public Defenders and the Florida Association of Criminal Defense Lawyers would be allowed to file amicus briefs, something which is just about always routinely allowed for parties with the interest and energy to do so.)

Posted in Law: Criminal Law | Comments Off on Ricardo Bascuas Wins In Amicus Brief Filing Dispute

DeFede Case in the Columbia Journalism Review

Posted on January 6, 2006 by Michael Froomkin

Under the title “Miami Noir,” the Columbia Journalism Review has an unsparing, borderline cruel, account of the DeFede affair.

Related posts:

Posted in Miami, The Media | Comments Off on DeFede Case in the Columbia Journalism Review

Will Padilla Get Bail Set Tomorrow?

Posted on January 5, 2006 by Michael Froomkin

David Oscar Markus — who I look forward to meeting some day — attended Padilla’s appearance today before Magistrate Judge Barry Garber.

Mr. Markus also has a separate post about Padilla’s co-defendant, Kifah Wael Jayyousi, having bail set by Judge Marcia Cooke. It’s $1.3 million, and there are other conditions — stay local, wear electronic monitoring — but release at all is a big win for him after years of very tight prison conditions.

However, Mr. Marcus didn’t address the to me more interesting (but speculative) question of whether Padilla — who after all is charged with pretty vague offenses that sound less serious than those of Jayyousi, his co-defendant — also might get bail tomorrow. Maybe even lower bail. Could he be on the street soon?

Admittedly, AFAIK there’s not so much in Padilla’s history to suggest he has the sort of ties to the community or general demenor that would make him a model citizen. Might even call him a bit of a risk. But perhaps, on the facts in evidence, no worse than many other hoodlums with a bit of a rap sheet?

[Disclaimer: I don’t do criminal law. Bail is a black box to me. Just wait till Mr. Markus sets me straight again….]

Posted in Padilla | Comments Off on Will Padilla Get Bail Set Tomorrow?

Padilla is Here

Posted on January 5, 2006 by Michael Froomkin

Padilla Brought to Face Civilian Charges: Jose Padilla is in Miami.

For a place so far, physically and psychologically, from the centers of financial and political power in this nation, we really are at the epicenter of all kinds of interesting things here in Miami.

Posted in Miami, Padilla | Comments Off on Padilla is Here

Time to Think the Unthinkable

Posted on January 5, 2006 by Michael Froomkin

It used to be that having the NSA spy domestically was one of the unthinkable acts that one believed administrations understood were out of bounds. Sort of like the indefinite detention of US citizens in military prisons, or the torturing and killing of prisoners, or ‘rendering’ them to countries that torture.

Well, all bets, gloves, illusions are off.

It is time, therefore, to start asking if this administration is doing other things that were previously ‘unthinkable’.

Today brings suggestions that the administration spied on one or more journalists, and perhaps also on an occasional Democratic candidate and party operative. But don’t stop there. For example, someone should ask whether the new ‘anything goes without a warrant if it’s important enough’ standard for snooping extends to tax returns and to census data. It’s hard, after all, to imagine a legal theory that would allow the NSA to ignore FISA that would not also apply to all that delicious data just sitting there, even if it is hedged with statutory protections. That’s just Congress, after all, nothing serious.

Suggestions for other previously unthinkable questions that should be asked — not that we can trust any statement we get from this administration — painfully welcomed.

Posted in Law: Privacy, National Security, Politics: The Party of Sleaze | 4 Comments

Locks (As We Know Them) Are Obsolete?

Posted on January 4, 2006 by Michael Froomkin

If this video is to believed, the traditional lock and key is an obsolete security system: something called the “bump key” opens most locks in seconds. More details in this paper by Barry Wels and Rop Gonggrijp, whose abstract reads,

How to open Mul-T-Lock (pin-in-pin, interactive, 7×7), Assa (6000 Twin), DOM (ix, dimple with ball), LIPS (Octro dimple), Evva TSC, ISEO (dimple & standard), Corbin, Pfaffenhain and a variety of other expensive mechanical locks without substantial damage, usually in under 30 seconds, with little training and using only inexpensive tools.

The authors, incidentally, identify themselves as members of Toool – The Open Organization Of Lockpickers.

Posted in Sufficiently Advanced Technology | 5 Comments