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