Seventh Circuit Week in Review: What Do a MySpace Predator, an Unrepresented Corporation, and a Pair of Meth Traffickers Have in Common?

Answer: They all lost their appeals in the Seventh Circuit last week.  In fact, our diligent Seventh Circuit judges issued five new opinions in criminal cases last week, and the defendants lost in all of them.  Here are the highlights:

In the MySpace case, United States v. Morris (No. 08-2329), the defendant attempted to contact a minor through the minor’s MySpace page.  The minor’s mother responded by creating her own MySpace page, in which she posed as a 15 year old, and began a series of communications with the defendant.  After the mom agreed to have sex with him, Morris mailed a bus ticket to her so that they could meet.  The mom reported Morris to the FBI, resulting in his arrest and prosecution.  After his conviction for attempting to transport a minor across state lines to engage in illegal sexual conduct, Morris raised a single issue on appeal: that the person he intended to transport across state lines was neither a minor nor a law enforcement officer posing as a minor, but a private citizen conducting her own sting operation.  However, it is well established in such cases that the defendant has no defense if his intended victim is really an undercover law enforcement officer, and the Seventh Circuit (per Judge Posner) found no basis for distinguishing undercover private citizens: in either situation, the criminal justice system appropriately punishes the defendant for his demonstrated dangerousness. 

Continue ReadingSeventh Circuit Week in Review: What Do a MySpace Predator, an Unrepresented Corporation, and a Pair of Meth Traffickers Have in Common?

Resigned Guantanamo Prosecutor Discusses Moral Crisis, Catholic Faith, and Conclusion That “We Had Abandoned Our American Values and Defiled Our Constitution”

In a recent interview with the BBC, former Guantanamo prosecutor Lt. Col. Darrel Vandeveld discusses how the conflict he perceived between his military duties and his religious beliefs (as well as his beliefs about the requirements of the United States Constitution) created what the BBC terms a “profound moral crisis,” one that eventually led to his resignation.  

I found it moving to hear another human being discuss his struggle with these issues of conscience so directly, forthrightly, and genuinely. If you want to hear Lt. Col. Vandeveld’s discuss these events in his own words, you can watch this video at the BBC website. The BBC article reports the events this way:

It was one case in particular, that of a young Afghan called Mohammed Jawad, which caused most concern.

Mr Jawad was accused of throwing a grenade at a US military vehicle.

Col Vandeveld says that in a locker he found indisputable evidence that Mr Jawad had been mistreated.

After Mr Jawad had tried to commit suicide by banging his head against a wall at Guantanamo, Col Vandeveld says that psychologists who assisted interrogators advised taking advantage of Mr Jawad’s vulnerability by subjecting him to specialist interrogation techniques known as “fear up”.

He was also placed, Col Vandeveld says, into what was known as the “frequent flyer” programme in which he was moved from cell to cell every few hours, with the aim of preventing him sleeping properly, and securing a confession.

A devout Catholic, Col Vandeveld found himself deeply troubled by what he discovered.

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Another SCR Bites the Dust?

In Duwe v. Alexander, prominent First Amendment attorney James Bopp won a federal district court decision (PDF) striking down SCR 60.06(3)(b), part of the Wisconsin Code of Judicial Ethics. Bopp convinced Judge Shabaz that the Code’s section prohibiting judges from making “pledges, promises, or commitments” interfered with their free speech rights under Republican Party of Minnesota v. White, 536 U.S. 765 (2002).

Bopp is currently pursuing another free speech claim in Siefert v. Alexander, again in the Western District federal court (PDF). Here, Bopp represents a Milwaukee County judge who is challenging three sections of the Code that prohibit judges from belonging to or participating in political parties.

He is also counsel to Justice Michael Gableman in the disciplinary proceedings regarding Gableman’s campaign TV ad. In the reply to the Judicial Commission’s charges (PDF), he affirmatively asserts that SCR 60.06(3)(2), the “misrepresentations” clause, is an unconstitutional impingement on free speech.

In other words, Bopp’s litigation in Wisconsin has successfully taken down one judicial ethics code section, and four more are under challenge.

But Bopp is litigating outside Wisconsin as well, and a recent decision Bopp won in a federal court in Kansas may result in new litigation in Wisconsin. Yesterday, Bopp issued a release hailing Judge Julie A. Robinson’s decision in Yost v. Stout, which struck down the Kansas Judicial Code’s ban on the direct solicitation of campaign donations by judicial candidates. Wisconsin SCR 60.06(4) says that “A judge, candidate for judicial office, or judge-elect shall not personally solicit or accept campaign contributions.” Under the federal district court’s decision in Kansas, it seems clear that 60.06(4) is unconstitutional. Will a Wisconsin judge or candidate soon challenge it as such?

Continue ReadingAnother SCR Bites the Dust?