Constitutional Law Moot Court

Jan 22, 2009

George Washington University | Law School

Supreme Court Justice Antonin Scalia and two federal appeals court judges heard the arguments from a constitutional law moot court. The hypothetical cases involved the constitutionality of excluding a juror from a trial because of her religious beliefs, and considered an FBI seizure of a laptop computer. Four law school students argued the cases.
Supreme Court Justice Antonin Scalia and two federal appeals court judges heard the arguments from a constitutional law moot court. The hypothetical cases involved the constitutionality of excluding a juror from a trial because of her religious beliefs, and considered an FBI seizure of a laptop computer. Four law school students argued the cases.

1 hours, 27 minutes | 1,388 Views

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TRANSCRIPT

TIME SPEAKER TEXT
00:00:25 Unidentified Speaker AND NOW, SUPREME COURT JUSTICE AND FINANCE ACHILLEA AND TIBET -- ANTONIN SCALIA AND TWO FEDERAL COURT...
00:00:57 Unidentified Speaker GOOD AFTERNOON, I HAVE TO SAY THAT AMONG THE GREAT HONOR OF BEING THE DEAN OF THE GW U LAW SCHOOL...
00:02:20 Unidentified Speaker ALL RISE. THE HON., THE CHIEF JUSTICE, AND THE ASSOCIATE JUSTICES OF THE SUPREME COURT OF THE UNITED...
00:02:53 Unidentified Speaker PLEASE, BE SEATED. THE ONLY CASE ON THE DOCKET TODAY IS NUMBER 081234, MELISSA KELLY VS. THE UNITED...
00:03:27 Unidentified Speaker GOOD AFTERNOON, MR. CHIEF JUSTICE. MAY PLEASE THE COURT, MY NAME IS LUCAS HAD DIED AND WITH MY CO-...
00:03:49 Unidentified Speaker WHERE DOES THE TIME UP HERE?
00:03:51 Unidentified Speaker IT IS OVER HERE, YOU SEE THAT?
00:03:53 Unidentified Speaker DOWNIN WHERE?
00:03:54 Unidentified Speaker [LAUGHTER]
00:04:05 Unidentified Speaker YOUR HONOR, WE ASK THIS COURT TO REVERSE THE DECISION BELOW ON TWO GROUNDS. THE FIRST IS, THAT THE...
00:05:16 Unidentified Speaker COUNCIL, THE MORE YOU INSIST ON THE AUTHORITY IN THE PRESENT, -- IT ELIMINATE THE PERINO DOCTRINE...
00:05:47 Unidentified Speaker THEY ARE NOT LOOKING FOR A PARENT AUTHORITY. THEY'RE LOOKING FOR AUTHORITY. IF THE AUTHORITY IS APPARENT,...
00:06:05 Unidentified Speaker THEY'RE LOOKING FOR SOMETHING CLOSER TO ACTUAL AUTHORITY.
00:06:10 Unidentified Speaker CLOSER TO IT, THERE -- THAT IS WHAT THEY'RE LOOKING FOR. DOES THIS PERSON HAVE AUTHORITY TO GIVE ME...
00:06:18 Unidentified Speaker IF WE COMPARE IT TO ILLINOIS VERSES RODRIGUEZ, A SIMILAR CASE, THE EQUIVALENT WOULD BE IF THE DEFENDANT,...
00:06:39 Unidentified Speaker WHAT WAS THE QUESTION? TO WHICH THAT WAS HER RESPONSE?
00:06:46 Unidentified Speaker THERE WAS ONE QUESTION TO WHICH THE RESPONSE --
00:06:50 Unidentified Speaker WAS THE QUESTION HOW TO USE THE COMPUTER IN THE PAST? BUT THAT WAS NOT THE QUESTION, WAS IT?
00:06:55 Unidentified Speaker THAT WAS THE QUESTION, YOUR HONOR. THE AGENT ASKED WHO THE COMPUTER BELONGS TO AND THE RESPONSE WAS...
00:07:06 Unidentified Speaker THOSE WERE THE ONLY QUESTIONS -- TO WHOM DOES IT BELONG AND HAVE USED IT IN THE PAST?
00:07:12 Unidentified Speaker THAT IS CORRECT, YOUR HONOR.
00:07:15 Unidentified Speaker IN THE PAST WAS -- THERE WAS NO CUT OFF. SHE SEEMED TO SAY, I USE IT IN GENERAL WHEN MS. KELLY IS...
00:07:31 Unidentified Speaker SHE SAID KAMAN I USE IT WHEN -- SHE SAID I USE IT WHEN MS. KELLY IS DONE WITH IT. WHAT IS PROBLEMATIC...
00:07:46 Unidentified Speaker IT DOES NOT SEEM TO ME TO BE A VERY STRONG ARGUMENT. IT WAS NOT STATED AS SOMETHING THAT WAS OVER....
00:08:01 Unidentified Speaker IT COULD CERTAINLY SEEM THAT WAY, YOUR HONOR, BUT WHAT IS PROBLEMATIC HERE IS THAT IT IS SUCH A MINIMAL...
00:08:33 Unidentified Speaker -- WE HAVE BEEN ASKED TO ESTABLISH THE AUTHORITY EXISTS. RODRIGUEZ LAID OUT THAT IT IS REASONABLE...
00:08:49 Unidentified Speaker RIGHT, BUT YOU FOR TALKING BUT THE PARTICULAR FACTS OF RODRIGUEZ AND THE COURT NEVER STATED ITS VIEW...
00:08:58 Unidentified Speaker WHAT WE COULD DROP FROM RODRIGUEZ IS THAT -- DRAW FROM RODRIGUEZ IS THAT IT WAS FROM THE BELIEF THAT...
00:09:15 Unidentified Speaker IT WAS RULED THAT IT HAS TO BE REASONABLE AND WE ARE ROCKLIN TO TELL YOU ON THESE FACTS THAT IT WAS....
00:09:21 Unidentified Speaker I AGREE WITH YOU, YOUR HONOR, BUT IN RODRIGUEZ IT WAS REMANDED BECAUSE THERE COULD HAVE BEEN A PERCEPTION...
00:09:30 Unidentified Speaker YOU DO NOT BELIEVE THE COURT WHEN IT SAYS WE'RE NOT GOING TO TELL YOU. YOU THINK WE ARE REALLY GOING...
00:09:37 Unidentified Speaker IT IS STRUCTURED BASED ON THE FACT THAT WHEN THE COURT REVERSED THE DECISION, IF YOU LOOKED AT THE...
00:09:45 Unidentified Speaker I WANT TO BRING YOU BACK TO WHAT THE INQUIRY WAS. ACCORDING TO THE RECORD, THE TESTIMONY OF MISS BRADY...
00:10:41 Unidentified Speaker NO, YOUR HONOR, I DO NOT THINK SO FOR THE SIMPLE REASON THAT THE MOST IMPORTANT PART OF AN AGED 50'S...
00:11:16 Unidentified Speaker IS THAT REALLY TRUE? THE PLEASE CALL ME AND SAY, WE EXPECT YOUR SON HAS DRUGS IN HIS ROOM. I'M AT...
00:11:39 Unidentified Speaker I RESPECTFULLY DISAGREE THAT IF THEY PICK A LAW MIGHT NOT BE A PROBLEM. IN THE CONTEXT WHERE CONSENT...
00:11:51 Unidentified Speaker WITHIN EIGHT COMPARTMENT OF THE HOUSE, BUT IF I SAY, YOU MAY SEARCHED A HOUSE, THEN THEY MAY SEARCH...
00:12:03 Unidentified Speaker RESPECTFULLY, YOUR HONOR, THE ANALOGY BETWEEN YOUR HYPOTHETICAL AND THE FACTS OF THIS CASE WOULD BE...
00:12:16 Unidentified Speaker IT IS NOT HYPOTHETICAL. I WAS AT THE OFFICE AND I SAID YOU COULD SEARCH THE HOUSE. THERE IS NO IMPLICIT...
00:12:28 Unidentified Speaker CERTAINLY, YOUR HONOR, BUT THE CASE IF IT IS A THIRD PARTY GIVING CONSENT TO THE SURGE OF THE HOUSE...
00:12:42 Unidentified Speaker THEY NEVER DID PICK THE LOCK HERE. THEY DID NOT DETERMINE THE ACT -- THE PASSWORD. THEY MANAGED TO...
00:13:10 Unidentified Speaker I DO NOT THINK SO BECAUSE THAT IS QUANTIFIABLE WHY NOT LOOKING IN THE BOX. THE INFORMATION IN THIS...
00:13:21 Unidentified Speaker YOUR ANALOGY WOULD BE IF THEY HAD A LOCK BOX AND X-RATED.
00:13:26 Unidentified Speaker THAT WOULD BE.
00:13:31 Unidentified Speaker -- X RAID IT.
00:13:32 Unidentified Speaker ABOUT WOULD BE.
00:13:40 Unidentified Speaker WHAT ABOUT THE TYLER CASE?
00:13:44 Unidentified Speaker IT IS INSTRUCTIVE IN THIS REGARD BECAUSE THE PENETRATION OF THE WALLS WAS DEEMED TO BE A VIOLATION...
00:13:58 Unidentified Speaker ESSENTIALLY, THEY WERE BYPASSING SOFTWARE. BUT I DO NOT UNDERSTAND YOUR ARGUMENT TO TURN ON THAT....
00:14:08 Unidentified Speaker HERE, THE FBI UNDERSTAND THAT COMPUTER PASSWORDS ARE FUNCTIONING AS LOCKS FOR COMPUTERS. THEY MENTION...
00:14:14 Unidentified Speaker DID THEY KNOW THAT THIS ONE HAD A LOT?
00:14:16 Unidentified Speaker NO, YOUR HONOR.
00:14:18 Unidentified Speaker WHY SHOULD YOU CHARGE THEM WITH THAT KNOWLEDGE? THEY WERE NOT TOLD THAT. WHY DID THEY HAVE TO ASK...
00:14:26 Unidentified Speaker THEY HAVE TO ASK BECAUSE IT ALL OTHER CONSENT BASED SEARCHES HAVE TO ASK A LOT IS PRESENT.
00:14:33 Unidentified Speaker THIS IS A HIGH-TECH PROBLEM HERE.
00:14:35 Unidentified Speaker THERE ARE SEVERAL WAYS THAT THIS COULD BE DEMONSTRATED THAT A LOT DOES OR DOES NOT EXIST. WE DO NOT...
00:14:51 Unidentified Speaker EVEN IF THERE WAS A LOCK, IF THEY ACCEPTED THE TESTIMONY OF MS. BRADY THAT SHE USED THE COMPUTER,...
00:15:12 Unidentified Speaker AGAIN, THAT SPEAKS TO THE TEMPORAL REQUIREMENT BECAUSE PASSWORDS ARE EASY TO IMPLEMENT ANNIKA AND...
00:15:28 Unidentified Speaker Y PACTIV INOUYE-YOUNIS COMPUTER -- WHY? THEY KNEW THAT SHE PLANNED TO USE THE COMPUTER WHEN SHE WAS...
00:15:49 Unidentified Speaker AGAIN, YOUR HONOR, WE ARE SPEAKING TO WHAT HAPPENED IN THE PAST AND WHAT WAS POSSIBLE IN THE PAST...
00:15:58 Unidentified Speaker HOW ELSE CAN THE POLICE TALKED TO SOMEBODY? THEY CANNOT TALK TO THEM ABOUT THINGS THAT ARE GOING TO...
00:16:07 Unidentified Speaker WITH REGARD TO CONSENT SEARCHES, THE INQUIRY AS TO WHETHER OR NOT IT PASSWORD PREVENT ACCESS, OR IN...
00:16:15 Unidentified Speaker IF SOMEBODY SAID, I LIVE IN THE HOUSE, BUT I DO NOT OWN THE HOUSE, IT IS NOT MY HOUSE, THE SAME THING...
00:16:31 Unidentified Speaker CERTAINLY, IT WOULD BE JUDGED ON A CONTINUUM WHERE IT IS NOT A HARD WILL ABOUT WHEN IT WOULD BE SATISFIED....
00:17:09 Unidentified Speaker ARE YOU CONCEDING THAT EVEN THOUGH SHE DID TALK TO SOMEBODY WHO WAS A GOVERNMENT AGENT AND TELL HER...
00:17:25 Unidentified Speaker FROM A PETITIONERS POINT OF VIEW IT WAS GOOD ENOUGH, BUT THIS CASE MAY NOT BE DECIDED ON THAT GROUNDS...
00:17:37 Unidentified Speaker WHY SHOULD WE LET THEM WITHDRAW CONSENT ANYWAY? WHAT IS THIS? SHE SAID YOU CAN DO IT, THEY CAN DO...
00:17:50 Unidentified Speaker POUR THE REASON IS CORPS HAS ALWAYS BECKHAM -- RECOGNIZE THE FOURTH AMENDMENT RIGHTS ARE NOT SIMPLY...
00:17:57 Unidentified Speaker WHY SHOULD THEY NOT BE?
00:17:58 Unidentified Speaker FOR THE SIMPLE REASON THAT IF WE ALLOW THEM TO BE STRICTLY WAIVED, IT DAMAGES THE TRUST FOR CONSENT...
00:18:17 Unidentified Speaker YOU ARE NOW ARGUING ON BEHALF OF LAW ENFORCEMENT? [LAUGHTER] THE KEY POINT IS A REASONABLE EXPECTATION...
00:18:37 Unidentified Speaker I SEE THAT I'M OUT OF TIME. THANK YOU, YOUR HONOR.
00:18:59 Unidentified Speaker THANK YOU, MR. CHIEF JUSTICE AND MAY IT PLEASE THE COURT, ON BEHALF OF THE PETITIONER I WILL BE ADDRESSING...
00:19:26 Unidentified Speaker BUT IN THIS CASE, I DO NOT UNDERSTAND THAT ARGUMENT BECAUSE IT WAS, IN FACT, HER BELIEF -- WHAT WAS...
00:19:41 Unidentified Speaker RESPECTFULLY, I DISAGREE WITH THAT ASSERTION. WHILE IT IS TRUE THAT SOME HIDEOUS DO NOT BELIEVE IN...
00:19:52 Unidentified Speaker I WOULD CALL THAT AND ON IT -- AN AGNOSTIC, NOT AN ATHEIST. SHE ALSO SAID SHE BELONGED TO SOME CLUB,...
00:20:07 Unidentified Speaker WHEN STATE SPONSORED ENTITIES ASSUME THAT BASED UPON A RELIGIOUS AFFILIATION --
00:20:11 Unidentified Speaker THAT IS WHAT I DO NOT UNDERSTAND. WHERE IS THE AFFILIATION HERE? IT MEANS USUALLY, I BELONG TO A CHURCH....
00:20:20 Unidentified Speaker I DO NOT LIKE TALKING ABOUT A RELIGIOUS AFFILIATION LIKE IT IS A CLUB OR SOMETHING. [LAUGHTER] YOU...
00:20:40 Unidentified Speaker I DO NOT BELIEVE IT IS IN THE POSITION OF THE COURT TO DETERMINE WHICH RELIGIOUS AFFILIATIONS ARE...
00:20:47 Unidentified Speaker BUT IF YOUR LINE IS TO WORK, WE HAVE TO KNOW THE DIFFERENCE BETWEEN A BELIEF AND AN AFFILIATION. ...
00:21:17 Unidentified Speaker I DISAGREE ON THE REASON I STATED BEFORE. THERE'S ALSO ANOTHER STEP MADE BY THE PROSECUTOR IN THIS...
00:21:37 Unidentified Speaker I AM TESTING A LINE OF YOUR AFFILIATION.
00:21:39 Unidentified Speaker I DO NOT UNDERSTAND THE POINT. YOU SAY, ARE YOU AFFILIATED WITH AN ATHEIST GROUP AND IF YOU STOP THERE...
00:22:02 Unidentified Speaker YES, BECAUSE IN CASES LIKE RACE AND RELIGIOUS AFFILIATION, THERE IS A HIGHER BURDEN FOR THE PROSECUTOR...
00:22:12 Unidentified Speaker IN THIS CASE, IT WOULD HAVE WORKED TO SAY, THE BELONG IN AN ATHEIST GROUP -- YES -- DOES THAT MEAN...
00:22:29 Unidentified Speaker THIS RELATES TO THE OUTCOME OF THE CASE TO BE TRIED. EVEN IF SHE HAD SAID I DO NOT BELIEVE IN GOD,...
00:22:38 Unidentified Speaker BRIANNE JURY CHALLENGES ARE MADE ON THE BASIS OF CHANCES -- PREEMPTORY CHALLENGES ARE MADE ON THE...
00:23:17 Unidentified Speaker THIS COURT EXPLICITLY REJECTED THAT LOGIC IN ANOTHER CASE. ONE COULD ARGUE JUST LIKE THE PARTY ARGUING...
00:23:29 Unidentified Speaker THAT'S RIGHT, BUT THEY DID NOT TAKE THOSE TWO CATEGORIES ON THE BASIS THAT THERE SIMPLY WAS NO POSSIBILITY....
00:23:56 Unidentified Speaker I AGREE, YOUR HONOR, BUT BASED ON THIS COURT'S PRECEDENTS, THAT BURDEN HAS ALREADY BEEN SHOULDER....
00:24:12 Unidentified Speaker ARE THERE ACTUALLY CASES HOLDING IN AN EQUAL PROTECTION CONTEXT?
00:24:17 Unidentified Speaker NOT AS PART OF THE MAJORITY HOLDING. THE EQUAL PROTECTION PART OF THIS ARGUMENT IS COMPLICATED BECAUSE...
00:25:08 Unidentified Speaker IN YOUR AFFILIATION IS NOT CONSTITUTIONALLY SUSPECT UNDER THE EQUAL PROTECTION CLAUSE.
00:25:15 Unidentified Speaker SAY THAT AGAIN. I DID NOT UNDERSTAND THAT.
00:25:18 Unidentified Speaker MY ARGUMENT IS SIMPLY THAT IN THE CONTEXT OF IN YOUR BELIEF -- A BELIEF IS DIFFERENT THAN IN THIS...
00:25:30 Unidentified Speaker THERE IS A FREEDOM OF ASSOCIATION IF YOU ARE GETTING THIS FROM THE FIRST AMENDMENT, THEN THERE IS...
00:25:43 Unidentified Speaker FOR ANY ASSOCIATION.
00:25:45 Unidentified Speaker WHAT ABOUT REPUBLICANS VERSUS DEMOCRATS?
00:25:47 Unidentified Speaker I DON'T -- I AGREE THERE IS A FRESHMAN AT -- FIRST LIMON RIGHT TO RELIGION -- FIRST AMENDMENT RIGHT...
00:26:03 Unidentified Speaker IF YOU WERE TO SAY THAT REPUBLICANS CANNOT GET WELFARE AND DEMOCRATS CAN'T OR SOME THE LIKE THAT,...
00:26:14 Unidentified Speaker WE ARE SAYING THAT IN THIS CONTEXT, THERE WAS NO BELIEF ARTICULATED BY THE JUROR THAT RELATED TO THE...
00:26:43 Unidentified Speaker YOU HAVE NOT ANSWERED THE QUESTION OR DRAWN THE LINE. YOU HAVE SOMEHOW TO EXPLAIN TO US FOR THE STOPPING...
00:26:57 Unidentified Speaker THERE IS A FINE LINE AND SOMETIMES A VERY PRONOUNCED LINE BETWEEN RELIGIOUS AFFILIATION AND RELIGIOUS...
00:27:03 Unidentified Speaker KNOW, RELIGIOUS VERSES NON- RELIGIOUS, WHAT WE ARE ASKING YOU IS IF WE'RE GOING TO EXTEND IT TO RELIGIOUS...
00:27:21 Unidentified Speaker BECAUSE I THINK THE DIFFERENCE LIES IN THE FACT THAT WHILE YOU HAVE A RIGHT TO BE A MEMBER OF A POLITICAL...
00:27:37 Unidentified Speaker I THINK THAT IS A VERY STRANGE LINE. INSTEAD OF STRIKING SOMEBODY BECAUSE THE PERSON IS A CATHOLIC...
00:27:58 Unidentified Speaker NOT NECESSARILY, YOUR HONOR. THAT REASON STILL NEEDS TO BE RELATED TO THE OUTCOME OF THE CASE.
00:28:03 Unidentified Speaker MY AND UNDERSTANDING IS THAT IT HAS TO BE BELIEVABLE. AND NOT BEING RELATED MIGHT CONTRIBUTE TO IT...
00:28:34 Unidentified Speaker ENDICOTT THEN HE SHOULD BE ABLE TO STRIKE HIM.
00:28:37 Unidentified Speaker BUT NOT IF HE IS A CHRISTIAN POSTMAN. [LAUGHTER]
00:28:43 Unidentified Speaker YOUR QUESTION SPOKE TO THE SECOND STAGE OF THE BATSON ANALYSIS. WITH THE JUSTICE WOULD BELIEVE IS...
00:29:02 Unidentified Speaker BUT IF HE SAYS IT IS BECAUSE I BELIEVE IN JESUS CHRIST. WHY YOU THIS -- WHY DO YOU STRIKE HIM BECAUSE...
00:29:28 Unidentified Speaker IT IS NOT HAVE TO BE RELATED TO ANYTHING. IT JUST HAS TO BE PROTECT SHORA.
00:29:34 Unidentified Speaker THAT IS TRUE, YOUR HONOR.
00:29:38 Unidentified Speaker YOU BETTER MOVE ON TO YOUR SECOND ISSUE.
00:29:43 Unidentified Speaker THE SAME HARMS OUR PRESENT IN THIS CASE AS THERE ARE IN A DATSUN. IF THE LINE IS DRAWN, THEN ALL THE...
00:30:03 Unidentified Speaker WHAT IS THE STEREOTYPE IN THIS PARTICULAR CASE?
00:30:05 Unidentified Speaker I THINK THERE ARE TWO. THE FIRST IS THAT ALL ATHEISTS BELIEVE THE SAME THING AND THE SECOND. ONE...
00:30:17 Unidentified Speaker I STRIKE A ROCK BAND GUITARIST BECAUSE I HAVE THE NOTION THAT ROCK BAND GUITARIST ARE CRAZY, WEIRD...
00:30:43 Unidentified Speaker YES, YOUR HONOR, BUT THIS COURT CURBED THE EXTENT TO WHICH CERTAIN TYPES CAN BE USED IN CONSTITUTIONALLY...
00:30:50 Unidentified Speaker WE ARE BACK TO YOUR FIRST ISSUE AGAIN.
00:30:53 Unidentified Speaker YES, YOUR HONOR, BUT ROCK AND REPUBLICANS ARE NOT PROTECTED IN THE SAME WAY THAT OTHER GROUPS ARE....
00:30:58 Unidentified Speaker REPUBLICANS ARE. YOU CANNOT STRIKE A PERSON BECAUSE OF A REPUBLICAN?
00:31:04 Unidentified Speaker YOUR HONOR, I SEE MY TIME IS UP.
00:31:06 Unidentified Speaker YOU CAN ANSWER THAT. [LAUGHTER]
00:31:11 Unidentified Speaker RESPECTFULLY, YOUR HONOR, I BELIEVE THAT WOULD BE A DIFFERENT CASE. A REPUBLICAN INTENDS -- ARTICULATES...
00:31:21 Unidentified Speaker WHAT IF THEY DO NOT ARTICULATE ANY BELIEFS? THEY JUST SAY THEY ARE REPUBLICAN.
00:31:27 Unidentified Speaker JUST SAYING I REPUBLICAN MAY NOT BE ENOUGH, BUT WE ARE ASKING THE COURT TO GO A BIT FURTHER.
00:31:39 Unidentified Speaker THANK YOU, MR.YOELI.
00:31:43 Unidentified Speaker COUNCIL FOR RESPONDENTS. YOUR MISTAKE IS.
00:31:47 Unidentified Speaker YES.
00:31:54 Unidentified Speaker I'M CHRISTINA DAVIS AND ALONG WITH MY CO-COUNSEL, WE REPRESENT THE UNITED STATES OF AMERICA, A RESPONDENT...
00:32:26 Unidentified Speaker WHAT YOU MEAN BY THAT? IT APPEARED THAT SHE HAD THE AUTHORITY TO CONSENT TO A SURGE?
00:32:33 Unidentified Speaker SHE APPEARED TO HAVE JOINT ACCESS OR CONTROL FOR MOST PURPOSES FOR THE LAPTOP COMPUTER. AS ARTICULATE...
00:32:49 Unidentified Speaker LISTEN, I CAN GIVE SOMEBODY, A GOOD FRIEND, PERMISSION TO COME INTO MY HOUSE OR MY COUNTRY HUNDRED...
00:33:17 Unidentified Speaker THIS COURT HELD IN MATLOCK THAT WHERE A PARTY SHARES USE OF AN OBJECT OR AN AREA, THAT PARTY ASSUMES...
00:33:37 Unidentified Speaker CERTAINLY, NOT TO A POLICE SEARCH, BUT SUPPOSE IT WAS THE CLEAR ARRANGEMENT BETWEEN, LET'S SAY, TWO...
00:34:02 Unidentified Speaker NO, YOUR HONOR, IF THERE WAS AN UNDERSTANDING THAT NO ONE COULD NOT PERMIT ANY THIRD PARTY TO ENTER...
00:34:19 Unidentified Speaker BUT DID SHE BELIEVED SHE HAD AUTHORITY TO LET SOMEONE ELSE USE IT? THAT IS WHAT SEEMS TO ME THE APPARENT...
00:34:31 Unidentified Speaker RESPECTFULLY, I DISAGREE. APPARENT AUTHORITY ONLY REQUIRES THE PERSON TO BELIEVE THAT THEY THEMSELVES...
00:34:44 Unidentified Speaker WHAT ABOUT EVEN AS TO WHAT SHE HAD AUTHORITY TO DO? IF I GO INTO SOMEBODY'S HOUSE AND I SAY I NEED...
00:35:14 Unidentified Speaker IF YOU ARE MERELY ALLOWED TO USE THE COMPUTER TO OPEN YOUR E- MAIL ADDRESS UNDER THE SUPERVISION OF...
00:35:24 Unidentified Speaker MY FRIENDS DO NOT WATCH OVER MY SHOULDER. THEY JUST ASSUME I WILL NOT OPEN MY FILES.
00:35:32 Unidentified Speaker BUT IT IS IMPORTANT TO UNDERSTAND THAT IS PRETTY TOOK IT ON VACATION ONCE OR TWICE.
00:35:41 Unidentified Speaker IT IS 8 WEIRD THING. SHE TOOK IT, BUT DID NOT USE IT. IT IS JUST SITTING OUT THERE WITH JUST VERY...
00:35:50 Unidentified Speaker WE DO KNOW THAT SHE ATTEMPTED TO USE IT AND WAS BLOCKED BY THE PASSWORD. SHE AT NO POINT KNEW THAT...
00:36:03 Unidentified Speaker WHY DOES THAT FOLLOW? SHE DOES NOT KNOW WHETHER IT IS PASSED FOR PROTECTED. THAT PROVES WHETHER SHE...
00:36:11 Unidentified Speaker NO, YOUR HONOR, SHE STATED THAT SHE DID NOT TRY TO USE THE COMPUTER ON VACATION. BUT HAD SHE OPENED...
00:36:31 Unidentified Speaker WHEN YOU STARTED YOU SAID THAT MS. BRADY HAD ACCESS TO THE COMPUTER FOR MOST PURPOSES, WAS THE WAY...
00:36:55 Unidentified Speaker IN ORDER TO --
00:37:03 Unidentified Speaker YOU MEAN ACTUAL AUTHORITY OR THE APPEARANCE OF ACTUAL AUTHORITY OVER ALL OF THE COMPUTER IN ORDER...
00:37:14 Unidentified Speaker I BELIEVE THE AGENT WOULD ONLY NEED TO BELIEVE THAT THE PERSON HAD TO ACCESS FOR MOST PURPOSES TO...
00:37:23 Unidentified Speaker WHY YOU KEEP SAYING MOST PURPOSES? I'M CURIOUS WHAT YOUR LEVY -- LEAVING OUT. WHY ARE YOU HEDGING...
00:37:34 Unidentified Speaker BECAUSE THAT IS NOT THE TEST IN ILLINOIS VS. RODRIGUEZ.
00:37:37 Unidentified Speaker THIS IS A COMPUTER SEARCH CASE?
00:37:40 Unidentified Speaker NO, YOUR HONOR, IT WOULD BE WITHIN THE POWER -- THE MOST PURPOSES TEST APPLIES TO ALL AREAS AND OBJECTS...
00:38:06 Unidentified Speaker BUT SHE WAS VERY SPECIFIC ABOUT THE FACT THAT SHE ONLY USED IT WHEN MELISSA WAS DONE WITH IT, WHICH...
00:38:18 Unidentified Speaker YES, YOUR HONOR, SHE DID SAY THAT SHE OFTEN USED IT AFTER MS. KELLY USED IT. HOWEVER, THE ILLINOIS...
00:38:47 Unidentified Speaker WHAT IS SIGNIFICANT IN THE FACT THAT IT WAS, IN FACT, PASSWORD PROTECTED? I ANDERSON AND THIS IS A...
00:39:15 Unidentified Speaker YOUR HONOR, I DO NOT BELIEVE THERE IS EVIDENCE THAT THE OFFICERS WERE WILLFULLY IGNORANT IN THIS CASE....
00:39:27 Unidentified Speaker THAT WAS NOT MY QUESTION AT ALL. REALLY, MY QUESTION WAS, ARE THEY ENTITLED TO USE A PASSWORD AVOIDING...
00:39:43 Unidentified Speaker YES, YOUR HONOR, THE FORENSICS OF WHERE DOES NOT REVEAL WHETHER THE COMPUTER SOFTWARE WAS PASSWORD...
00:39:57 Unidentified Speaker I UNDERSTAND THERE MAY BE PRACTICAL REASONS FOR DOING IT AND I UNDERSTAND THE TECHNICAL REASON FOR...
00:40:22 Unidentified Speaker IN THAT CASE, SHE WAS PARTICULARLY CONCERNED WITH THE PROTECTIONS AFFORDED THE HOME.
00:40:27 Unidentified Speaker YOU DO NOT THINK THAT PEOPLE'S COMPUTERS ARE AT LEAST AS PRIVATE AS THEIR HOUSES?
00:40:32 Unidentified Speaker I DO NOT, YOUR HONOR, THEY CONTAIN MUCH PRIVATE INFORMATION, BUT THE HOME SCOTT RECEIVES SPECIAL SOLICITUDE...
00:40:59 Unidentified Speaker THEY CERTAINLY COULD HAVE FOUND OUT. MAYBE THEY COULD HAVE FOUND OUT. WE DO NOT KNOW WHETHER FOR SURE...
00:41:08 Unidentified Speaker ONLY BY TURNING ON THE COMPUTER.
00:41:11 Unidentified Speaker TURNING ON THE COMPUTER BEFORE RUNNING THE AND CASE WOULD NOT HAVE BEEN VERY COMPLICATED.
00:41:16 Unidentified Speaker BUT IT WOULD HAVE ALTERED THE EVIDENCE.
00:41:19 Unidentified Speaker THEY COULD HAVE ASKED MISS BRADY. WHAT IS STRANGE IS THAT YOU ARE REWARDING THE OFFICERS FOR NOT ASKING...
00:41:38 Unidentified Speaker IN THIS CASE, THE INQUIRY WOULD NOT HAVE EVEN REVEAL THAT THERE WAS PASSED FOR PROTECTION ON THIS...
00:41:48 Unidentified Speaker BUT THE OFFICERS DEFINITELY COULD HAVE FIGURED THAT OUT.
00:41:51 Unidentified Speaker THE FRIENDS IT DOES NOT REVEAL WHETHER THERE WAS PASSED FOR PROTECTION.
00:41:55 Unidentified Speaker -- THE FORENSICS DOES NOT REVEAL WHETHER THERE WITH PASSWORD PROTECTION KURT WOULD JUST TURNING AN...
00:42:08 Unidentified Speaker YES, YOUR HONOR, THE ZEROS AND ONES ARE ALWAYS TRANSFERRED EVERY TIME A COMPUTER IS TURNED ON. THEREFORE,...
00:42:25 Unidentified Speaker BUT I THINK THE JUDGE WAS ASKING, WHAT WAS SO HARD ABOUT TURNING THE COMPUTER ON AND SEEING IF YOU...
00:42:43 Unidentified Speaker THE EVIDENCE CANNOT BE PRESERVED WHILE TURNING ON THE COMPUTER. CARTA I DO NOT UNDERSTAND. THERE...
00:42:57 Unidentified Speaker YES, YOUR HONOR.
00:42:59 Unidentified Speaker WHAT DIFFERENCE DOES IT MAKE THAT IT WAS THE VERY SAME IMAGE THAT SHE LOOKED AT TWO WEEKS AGO?
00:43:05 Unidentified Speaker MERELY BECAUSE IN A TRIAL THE PRESERVATION OF EVIDENCE IN THE FORM THAT IT WAS IN WITHOUT BEING ALTERED...
00:43:12 Unidentified Speaker TO YOU REALLY THINK THE COURT WOULD DISALLOW THE PICTURE BECAUSE IT IS NOT THE VERY SAME PICTURE THAT...
00:43:38 Unidentified Speaker IT TO EXTEND PROTECT THE PRIVACY OF THE INDIVIDUAL BECAUSE THERE IS A PIECE -- A SPECIFIC KEYWORD...
00:43:56 Unidentified Speaker YOU ARE RUNNING OUT OF TIME, YOU BETTER MOVE ON.
00:44:02 Unidentified Speaker WHEN DID THE SEARCH OCCURRED? DID IT OCCUR WHEN IT PUSHED THE BUTTON OR WHEN IT FINISHED COPYING,...
00:44:13 Unidentified Speaker THE SEARCH OCCURRED WHEN THE COPY WAS FINISHED. BUT WE DO NOT KNOW EXACTLY WHAT TIME THAT WAS, BUT...
00:44:22 Unidentified Speaker WAS IT BEFORE OR AFTER SHE SPOKE?
00:44:26 Unidentified Speaker FROM THE RECORD THERE IS NO WAY TO TELL AT WHAT EXACT TIME THE AGENT SPOKE WITH MS. BRADY AND AT WHAT...
00:44:34 Unidentified Speaker THIS IS A VERY STRANGE CASE BECAUSE USUALLY WHEN WE SPEAK OF SEARCH AND SEIZURE, IT IS THE SEARCH...
00:45:12 Unidentified Speaker NO, YOUR HONOR.
00:45:13 Unidentified Speaker WHY IS THERE A SUBSEQUENT SESSIONS -- QUESTION HERE? IF THEY SEIZED IT, THEY OUGHT TO BE ABLE TO DO...
00:45:24 Unidentified Speaker THE RESULT -- REASONABLE EXPECTATION OF PRIVACY AND THE DATA IS NOT LOST UNTIL THE COPY IS MADE. BECAUSE...
00:45:45 Unidentified Speaker WHY ISN'T THE SEARCH AUTHORIZED BY THE SEIZURE? IF THE SEIZURE WAS OK, YOU CAN EXAMINE THE EXACT --...
00:46:06 Unidentified Speaker WE WOULD ARGUE THAT THE ANALYSIS OF THE DATA IN THE SOFTWARE WAS AN ANALYSIS MUCH LIKE USING A BALLISTICS...
00:46:20 Unidentified Speaker WHAT ABOUT SEIZING A CAR AND LATER SEARCHING IT? ISN'T THERE A CASE LAW THAT SAYS JUST BECAUSE YOU...
00:46:32 Unidentified Speaker IN THIS -- YOU CANNOT NECESSARILY SEARCHED IT UNLESS YOU GET A WARM FIRST? IN THIS CASE, THAT WAS...
00:46:45 Unidentified Speaker AND A STANDOUT. I AM LOOKING FOR THE ANALOGIES AND I WONDER IF THE CAR ANALOGY IS ONE OF THEM.
00:46:53 Unidentified Speaker I SEE THAT MY TIME IS EXPIRED. MAY I BRIEFLY RESPOND? THERE'S A SEIZURE OF A CAR AND IT IS TAKEN...
00:47:03 Unidentified Speaker CAN NOW AUTOMATICALLY TAKE IT APART OR DO THEY NEED A WARRANT?
00:47:06 Unidentified Speaker I BELIEVE YOU WOULD NEED FURTHER JUSTIFICATION TO SEARCH WITHIN THE CAR.
00:47:12 Unidentified Speaker IS THAT RIGHT, EVEN WHEN I SEIZE THE CAR BECAUSE I SUSPECT THAT IT CONTAINS DRUGS? IN THE SEAT CUSHIONS...
00:47:33 Unidentified Speaker YOUR HONOR, CARS DO HAVE THEIR OWN SET OF PRECEDENTS DEALING WITH THEIR LOW EXPECTATIONS OF PRIVACY....
00:47:43 Unidentified Speaker THANK YOU, MISS DAVIS. . .
00:48:29 Unidentified Speaker WHERE RELIGIOUS AFFILIATION IS USED AS A PROXY FOR BELIEFS PEREMPTORY STRIKE DEVELOPS NOT UNLIKE THE...
00:48:58 Unidentified Speaker DO YOU AGREE THIS IS AN AFFILIATION AND NOT A BELIEF CASE?
00:49:03 Unidentified Speaker I DO, YOUR HONOR. ALTHOUGH IT IS TRUE AN ATHEIST PROBABLY DOESN'T BELIEVE IN GOD --
00:49:15 Unidentified Speaker WHAT DOES EIGHTHATHEIST MEAN IF IT DOESN'T MEAN NOT BELIEVING IT GOD.
00:49:20 Unidentified Speaker GOD FEARING ATHEIST.
00:49:22 Unidentified Speaker BUT TO THE EXTENT THERE ARE OTHER --
00:49:23 Unidentified Speaker I UNDERSTAND THAT, BUT I'M TRYING TO UNDERSTAND THIS CASE AND I FEEL LIKE WE ARE ALL IN THE WRONG...
00:49:31 Unidentified Speaker IT IS TRUE THAT THIS CASE WOULDN'T BE THE IDEAL VEHICLE FOR THIS COURT TO EXTEND BATSON IF IT DECIDED...
00:49:44 Unidentified Speaker WHAT ABOUT WITH RELIGIOUS AFFILIATION IS POTENTIALLY A PROXY FOR RACE, SO MUSLIMS. RASTIFARIANS ARE...
00:50:00 Unidentified Speaker THE QUESTION OF PRETENSE SINCE THEN HAS BEEN LEFT TO THE TRIAL JUDGE AND THERE WOULD BE A REQUIREMENT...
00:50:09 Unidentified Speaker WHAT ABOUT JEWS? OBVIOUSLY IF YOU ARE TALKING ABOUT A HISTORY OF DISCRIMINATION DISCRIMINATION, IT...
00:50:27 Unidentified Speaker IT IS TRUE AS SOME LOWER COURTS THAT A STRIKE AGAINST AN INDIVIDUAL WHO IS JEWISH MIGHT BE PROHIBITED...
00:50:42 Unidentified Speaker HOW FAR BACK DO YOU GO IN DECIDING WHETHER THERE'S BEEN A DISCRIMINATION ON THE BASIS OF RELIGION?...
00:51:23 Unidentified Speaker YOUR HONOR, IT IS UNCLEAR PRECISELY HOW FAR BACK ONE NEED LOOK BUT IN THE CASE OF AFRICAN-AMERICANS...
00:51:40 Unidentified Speaker IT IS YOUR UNDERSTANDING THAT WE ARE LOOKING AT EXCLUSION FROM JURIES OR FROM CIVIL LIFE IN GENERAL?...
00:51:47 Unidentified Speaker YOUR HONOR, IT IS MORE A FOCUS ON EXCLUSION FROM JURY SERVICE WHICH IS WHAT THE COURT IN J.E.B. FOCUSED...
00:51:53 Unidentified Speaker WHAT IS THE REASON FOR WORRYING ABOUT THAT?
00:51:57 Unidentified Speaker PRESUMABLY THE RELIANCE ON THE HISTORY OF DISCRIMINATION GOES TO THIS COURT'S EQUAL PROTECTION SKRURS...
00:52:22 Unidentified Speaker SO IS IT THE CONCERN WITH THE JURORS OR THE DEFENDANTS?
00:52:26 Unidentified Speaker IT IS BOTH ACCORDING TO THIS LINE OF CASES. IT IS TRUE THAT THE JUROR IS ENTITLED TO A SIXTH AMENDMENT...
00:52:42 Unidentified Speaker THAT IS NOT TRUE OF CATHOLICS, JEWS, PROTESTANTS AND MUSLIMS.
00:52:49 Unidentified Speaker IT IS CURIOUS THAT THE COURT USED DISCRIMINATORY REASON FOR ALL PEREMPTORY STRIKES ARE DISCRIMINATORY....
00:52:57 Unidentified Speaker SO IF I WANT TO STRIKE ALL CATHOLICS FROM THE JURY, OR ALL JEWS THAT IS OK?
00:53:03 Unidentified Speaker THERE IS A DIFFERENCE BETWEEN A POLICY OF ALWAYS STRIKING A MEMBER OF A PARTICULAR RELIGIOUS AFFILIATION...
00:53:11 Unidentified Speaker BUT THEN YOU ARE JUST GETTING INTO THE BATSON INQUIRY. THAT IS A DIFFERENT STORY. YOU HAVE TO BE ARGUING,...
00:53:25 Unidentified Speaker SURE, IT HAS TO BE YOUR POSITION, DOESN'T IT?
00:53:28 Unidentified Speaker NO, YOUR HONOR.
00:53:29 Unidentified Speaker IT IS NOT?
00:53:31 Unidentified Speaker THERE IS A DIFFERENCE AND IT COURT MIGHT WORRY IF A PERSON WERE TO STRIKE ALL MEMBERS AFTER RELIGIOUS...
00:53:39 Unidentified Speaker IF YOU ARE RIGHT, WHY?
00:53:41 Unidentified Speaker BECAUSE OF THE CONCERN OF THE TOTAL EXCLUSION.
00:53:44 Unidentified Speaker ISN'T THAT THE ONLY ISSUE BEFORE US? ISN'T THE ONLY ISSUE BEFORE US WHETHER YOU CAN DO THAT?
00:53:50 Unidentified Speaker THE ISSUE IS WHETHER RELIGIOUS AFFILIATION --
00:53:53 Unidentified Speaker DO YOU HAVE ANY CASES THAT DRAW THAT DISTINCTION BETWEEN USING A PARTICULAR CATEGORY FOR A SINGLE...
00:54:16 Unidentified Speaker WITHIN BATSON ITSELF IS THE PROPOSITION THAT STRIKING AFRICAN-AMERICANS IN ALL CASES ALL THE TIME...
00:54:27 Unidentified Speaker SO, STRIKING THEM SINGLEY WOULD BE OK, JUST AN OCCASION AT STRIKE OF A BLACK BECAUSE HE IS A BLACK?...
00:54:34 Unidentified Speaker NOT AFTER BATSON?
00:54:37 Unidentified Speaker SO YOU WANT TO GO BACK TO PRE-BATSON?
00:54:40 Unidentified Speaker NO, BUT BECAUSE THE COURT IS CONCERNED ABOUT THE EXCLUSION OF JURORS THAT BELONGING TO CERTAIN CLASSIFICATIONS...
00:54:57 Unidentified Speaker YOU ARE MAKING THE BATSON INQUIRY MORE COMPLICATED THAN IT HAS BECOME. YOU WILL HAVE TO SAY NOT ONLY...
00:55:11 Unidentified Speaker NO, YOUR HONOR BUT IT MIGHT BE EVIDENT AS THE COURT REGARDS --
00:55:16 Unidentified Speaker DO WE THEN ALONG AT PARTICULAR PROSECUTORS, THE WHOLE DISTRICT ATTORNEY'S OFFICE? WHAT DO WE DO WITH...
00:55:23 Unidentified Speaker THE DIFFERENCE BETWEEN AN ISOLATED STRIKE AND ONE WHERE THERE IS A CONTINUED POLICY OF CONTINUING...
00:55:48 Unidentified Speaker DOESN'T THAT MAINLY MEAN OR AS A PROSECUTOR YOU SHOULD HAVE ASKED MORE QUESTIONS? HE SHOULD HAVE SAID...
00:56:06 Unidentified Speaker THE PROSECUTOR MIGHT HAVE BEEN ON FIRMER GROUND IN THE SENSE THAT HE WOULD BE MORE CONFIDENT IN HIS...
00:56:14 Unidentified Speaker IF HE GOT THE WRONG ANSWER THEN HE IS IN TROUBLE. WHAT IF YOU HAVE A LYING ATHEIST? AND THE ATHEIST...
00:56:28 Unidentified Speaker IT IS TRUE THAT THIS IS A CONCERN, BUT THE OTHER ISSUE WITH ASKING QUESTIONS OR CONTINUING TO ASK...
00:56:41 Unidentified Speaker MAYBE THE ANSWER IS WE SHOULD GET RID OF PEREMPTORY STRIKES. JUSTICE BREYER HAS SUGGESTED THAT.
00:56:48 Unidentified Speaker THE LATER JUSTICE MARSHALL WANTED THAT.
00:56:50 Unidentified Speaker IT IS TRUE SOME OF THE MEMBERS OF THIS COURT HAVE ARTICULATED THAT THE PEREMPTORY STRIKE SHOULD BE...
00:56:57 Unidentified Speaker IS THAT YOUR POSITION?
00:57:00 Unidentified Speaker NO, IT IS NOT.
00:57:03 Unidentified Speaker AS A MATTER OF COMMON SENSE THINK OF THE LAW STUDENT BEING TAUGHT THIS. HOW DO THEY UNDERSTAND THAT...
00:57:18 Unidentified Speaker YOUR HONOR, BECAUSE OF THE SPECIAL HISTORY THAT THIS COUNTRY HAS HAD WITH RACE RELATIONS --
00:57:24 Unidentified Speaker SPECIAL HISTORY? ASK A FEW HISTORY GROUPS. THERE'S A PRETTY SPECIAL HISTORY THERE, TOO.
00:57:30 Unidentified Speaker IT IS TRUE THERE'S BEEN DISCRIMINATION BASED ON RELIGION IN PUBLIC AND PRIVATE LIFE BUT IT HAS NOT...
00:58:01 Unidentified Speaker DO YOU AGREE THAT RELIGIOUS IS PROTECTED UNDER THE CLAUSE?
00:58:06 Unidentified Speaker OUTSIDE OF THE CONTEXT OF JURY SELECTION THIS COURT HAS APPLIED STRICT SCRUTINY.
00:58:12 Unidentified Speaker WHAT ABOUT OTHER AFFILIATIONS?
00:58:13 Unidentified Speaker I'M SORRY.
00:58:15 Unidentified Speaker NONRELIGIOUS AFFILIATIONS?
00:58:17 Unidentified Speaker YES, THAT, TOO. FOR EXAMPLE AS YOUR HONOR QUESTIONED EARLIER REGARDING POLITICAL AFFILIATION THE GOVERNMENT...
00:58:23 Unidentified Speaker SO WHAT LINE WOULD YOU DRAW? WOULD YOU SAY RACE AND SEX AND THAT IS IT BECAUSE YOU ARE NOT BUYING...
00:58:34 Unidentified Speaker THE LINE SHOULD BE DRAWN HERE AFTER RACE AND AFTER SEX IF THE COURT'S LANGUAGE IN J.E.B. SUGGESTING...
00:58:41 Unidentified Speaker WHAT ABOUT HISPANICS? THAT IS A CATEGORY, TOO, NOW, RIGHT?
00:58:47 Unidentified Speaker THAT MIGHT FALL WITHIN BATSON ITSELF.
00:58:49 Unidentified Speaker ISN'T THERE CASE LAW SAYING THAT? THAT IS ETHNICITY.
00:58:53 Unidentified Speaker YES, YOUR HONOR IS REFERRING TO THE HERNANDEZ CASE.
00:58:58 Unidentified Speaker WHAT ABOUT ALL FRENCH PEOPLE?
00:59:00 Unidentified Speaker THERE IS NO REASON TO THINK THAT BATSON SHOULD BE EXTENDED TO -- EXCUSE ME, THAT WOULD BE REFERRING...
00:59:24 Unidentified Speaker FRENCH DESCENT WOULD BE OK, RIGHT?
00:59:28 Unidentified Speaker YOUR HONOR, IF THE COURT WERE TO EXTENT BATSON TO NATIONALITY, -- BUT TO SUGGEST ALL STRIKES BASED...
01:00:00 Unidentified Speaker COULD YOU REMOVE ALL CATHOLICS IN A DEATH PENALTY CASE BECAUSE THEY ARE MORE LIKELY TO BE OPPOSED...
01:00:08 Unidentified Speaker NO, YOUR HONOR, UNDER THE COURT'S DEATH PENALTY CASES THERE IS A HIGHER STANDARD BECAUSE IT SIS FOR...
01:00:16 Unidentified Speaker I'M ASKING AS A PEREMPTORY THE PROSECUTOR CASE ARE YOU GOING TO GO BACK TO YOUR SYSTEMATIC ANSWER?...
01:00:24 Unidentified Speaker FOLKS HAVE BEEN SAYING A LOT OF BAD STUFF ABOUT THE DEATH PENALTY AND CATHOLIC IS LESS LIKELY TO BE...
01:00:31 Unidentified Speaker ANY CATHOLIC COULD CHALLENGE BECAUSE THE POPE IS AGAINST THE DEATH PERMANENT?
01:00:35 Unidentified Speaker BASE OF THE POSSIBILITY WHICH IS WHAT PEREMPTORY STRIKES --
01:00:38 Unidentified Speaker JUSTICE SCALIA IS NOT AGAINST THE DEATH PENALTY AN HE IS CATHOLIC.
01:00:42 Unidentified Speaker I HAVE ACTUALLY TAKEN NO POSITION.
01:00:49 Unidentified Speaker I JUST APPLY THE LAW.
01:00:53 Unidentified Speaker BUT LET ME REPHRASE THAT. HE HAS THE ABILITY TO BE FAIR AND APPLY THE LAW WHY WASN'T YOU TAKE THE...
01:01:00 Unidentified Speaker BECAUSE WHETHER OR NOT THE JUROR CAN APPLY THE LAW SPEAKS TO THE CAUSE. PEREMPTORIES HAVE ALWAYS BEEN...
01:01:34 Unidentified Speaker BUT EVERYTHING YOU ARE SAYING SUGGESTS BATSON AND J.E.B. ARE WRONG WHICH I TAKE TO BE A REAL POSITION...
01:01:43 Unidentified Speaker YOUR HONOR, THIS COURT CAN RECONCILE BATSON AND J.E.B. AND DISTINGUISH THEM FROM STRIKES BASED ON...
01:01:51 Unidentified Speaker I WAS JUST SUGGESTING THE WHOLE INQUIRY WAS CURIOUS. WHY IS IT NOT CURIOUS TO STOP EXTENDING A CRAZY...
01:01:59 Unidentified Speaker THE ANALYTICAL FRAME WORK IN J.E.B. WAS CURIOUS BUT THE OUTCOME IS PROBABLY CORRECT. TO SUGGEST THAT...
01:02:22 Unidentified Speaker IT CERTAINLY IS NOT INACCURATE AND PROSECUTORS WILL TELL YOU THIS IF YOU ASK THEM AND DEFENSE LAWYERS,...
01:02:50 Unidentified Speaker YOUR HONOR, IF THE ACCURACY. STEREOTYPE IS NOT THE CONSTITUTIONAL INQUIRY AND IF A PROSECUTOR EXERCISE...
01:03:01 Unidentified Speaker BUT I'M SIMPLY TEST YOUR NOTION THAT RELIGIOUS AFFILIATION IS CORRELATED WITH BELIEF AND RACE AND...
01:03:12 Unidentified Speaker THERE IS REASON TO BELIEVE THERE IS MORE OF A CORRELATION BETWEEN RELIGION AND BELIEFS THAN THERE...
01:03:27 Unidentified Speaker THANK YOU. THE COURT WILL RETIRE TO CONSIDER ITS JUDGMENT IN THE CASE. OH, IS THERE REBUTTAL TIME?...
01:03:42 Unidentified Speaker YES.
01:03:48 Unidentified Speaker YES, ALL RIGHT.
01:03:49 Unidentified Speaker I HAVE TWO BRIEF POINTS. FIRST THE CONCEPT OF PEREMPTORY CHALLENGES BASED ON RELIGIOUS AFFILIATION...
01:04:13 Unidentified Speaker WOULD YOU EXTEND IT JUST TO PROSECUTORS? JUSTICE O'CONNOR SUCKED IN ONE OPINION MAYBE WE JUST APPLY...
01:04:24 Unidentified Speaker UNDER THIS COURT'S PRECEDENCE IT DOES EXTEND TO CRIMINAL AND CIVIL CASES.
01:04:28 Unidentified Speaker I UNDERSTAND. BUT IFFIF WE EXTEND IT BEYOND THE COURT COULD IT BE THINKING THAT.
01:04:36 Unidentified Speaker I THINK THAT THE COURT COULD CONSIDER THAT A POSSIBILITY BEING THAT IT WAS A PROSECUTOR THAT EXERCISED...
01:04:43 Unidentified Speaker YOU SAY AS LONG AS HE IS DOING IT ON THE BASIS OF BELIEF IT WOULD BE OK.
01:04:48 Unidentified Speaker ASSUMING THAT BELIEF WERE --
01:04:52 Unidentified Speaker SO HE ASKS DO YOU BELIEVE GOD EXISTS AND THE ATHEIST SAYS OF COURSE NOT. THEN THAT IS CONNECTED TO...
01:05:09 Unidentified Speaker WE IF THE JUDGE DETERMINED WE JUST ASK THAT THAT PROTECTION --
01:05:13 Unidentified Speaker ISN'T THAT SORT OF SILLY?
01:05:15 Unidentified Speaker RESPECTFULLY, YOUR HONOR, NO.
01:05:17 Unidentified Speaker WHAT DOES THAT ACCOMPLISH? I GUESS IT WILL SORT OUT SOME WHO SAY THEY ARE ATHEISTS BUT OTHER THAN...
01:05:26 Unidentified Speaker RESPECTFULLY I UNDERSTAND THE HARMS CAN BE APPEAR AMORPHOUS BUT THIS COURT HELD IN BATSON THAT THEY...
01:05:34 Unidentified Speaker I'M NOT ASKING YOU THAT. AGAIN WE ARE BACK TO THIS LINE DRAWN BETWEEN AFFILIATION AND BELIEF. IF THE...
01:05:46 Unidentified Speaker RESPECTFULLY, YOUR HONOR, THE QUESTION MIGHT YIELD TO BELIEF THAT ROOTS TO THE JUROR'S ABILITY TO...
01:06:10 Unidentified Speaker HOW ABOUT HERE THERE WAS ADDITIONAL INFORMATION THAT SHE HAD AN ATHEIST COUSIN INVOLVED, ATHEIST FACULTY...
01:06:21 Unidentified Speaker IT WOULD BE IN THE POSITION OF THE TRIAL COURT TO DETERMINE THE BASIS FOR THE STRIKE HERE WHEN ASKED...
01:06:31 Unidentified Speaker THAT WAS A MISTAKE. THIS PARTICULAR RECORD SEEMS LIKE YOU HAVE A REAL PROBLEM WHETHER WE EXTEND IT...
01:06:39 Unidentified Speaker AFTER J.E.B. THE COURT REVERSED FOR THE APPLICATION OF BATSON AND SINCE THE JUDGE NEVER MADE A FINDING...
01:06:54 Unidentified Speaker NOW THE COURT WILL RETIRE TO CONSIDER ITS JUDGMENT.
01:07:01 Unidentified Speaker ALL RISE.
01:07:17 Unidentified Speaker THAT WAS PRETTY GOOD. [APPLAUSE]
01:07:40 Unidentified Speaker LET ME TAKE A MOMENT TO INTRODUCE OUR FIVE STUDENTS HERE ON THE STAGE. IN CASE YOU ARE INTERESTED,...
01:08:05 Unidentified Speaker I'M GOING TO START WITH THE STUDENT THAT HAD THE EASIEST TASK, MICHAEL RHODES WAS OUR CLERK OF COURTS....
01:08:33 Unidentified Speaker NOW THE FOUR INDIVIDUALS THAT I REALLY HAVE A FEW THINGS TO TELL YOU ABOUT. FIRST IN GENERAL, THEY...
01:10:16 Unidentified Speaker LUCAS IS OUR 2-L PART-TIME STUDENT. THE COMPETITION WAS HIS FIRST ELECTIVE COURSE AT G.W. EVER. HE...
01:10:56 Unidentified Speaker MATT, STAND UP. MATT THE FIRST OF OUR THREE TRIO. JUST BRIEFLY, TWO IMPRESSIVE THINGS ABOUT MATT....
01:12:02 Unidentified Speaker CHRISTINA IS THE ONE FINALIST THAT DID PARTICIPATE IN VN BLECK LAST YEAR AND I WANT TO TELL THIS STORY...
01:13:47 Unidentified Speaker PLEASE BE SEATED.
01:13:50 Unidentified Speaker THE COURT HAS DELIBERATED AND WE WILL PRESENT A FEW COMMENTS ABOUT THE PROCESS OF ORAL ADVOCACY IN...
01:14:29 Unidentified Speaker THE BEST ORALIST WE THOUGHT WAS MR. HALICEK FROM THE RESPONDENTS. [APPLAUSE]
01:14:42 Unidentified Speaker AND WE WOULD LOOK REALLY BAD IF AFTER THOSE TWO WE DIDN'T FIND THE BEST TEAM TO HAVE BEEN THE RESPONDENTS....
01:14:58 Unidentified Speaker NOW, THE COURT WILL UN BURDENBURDEN ITSELF OF SOME OBSERVATIONS REGARDING THE PROCESS.
01:15:06 Unidentified Speaker THE FOUR OF YOU WERE TERRIFIC. IT IS FUN TO LISTEN TO YOU, WATCH YOU PUSH HARD. I CAN'T THINK OF...
01:17:29 Unidentified Speaker FIRST OF ALL I WANT TO SAY MY COMPLETE AGREEMENT WITH THE FACT THAT THE ARGUMENT WAS MUCH BETTER THAN...
01:17:55 Unidentified Speaker IN TERMS OF SUBSTANTIVE COMMENTS, ALL OF YOU WERE WELL SPOKEN, LISTENED TO THE QUESTIONS, TRIED TO...
01:20:01 Unidentified Speaker WELL, I WANT TO SAY FIRST OF ALL WHAT AN HONOR IT HAS BEEN TO SIT WITH TWO OF THE MOST RESPECTED COURT...
01:25:25 Unidentified Speaker BEFORE WE FORMALLY ADJOURN, AND YOU CAN STAY STANDING OR SEATED. THIS WON'T TAKE LONG BUT I HAVE ...
01:25:52 Unidentified Speaker ON BEHALF OF THE G.W. LAW FAMILY I WOULD LIKE TO EXPRESS OUR APPRECIATION TO ALL THREE MEMBERS OF...

NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.

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  • Berzon, Marsha Siegel
  • Davis, Christina
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  • Lawrence, Frederick
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