Author Archive

“We know only one category as prosecutors, and that is a ‘V.’…It’s ‘V,’ for victim”.

Monroe Freedman lines up Angela Corey’s press conference — in which she spoke of “our precious victims,” talked of having prayed with the Martin family, and suggested that her investigators had established “the facts” and “the truth” regarding the guilt of George Zimmerman — against the code of ethics. Earlier on the prosecution affidavit here [expanded and retitled 8:30 a.m. Apr. 16].

April 16 roundup

  • Although I’m known as a foe of everything John Edwards stands for, I hope he beats this campaign finance rap [Atlantic Wire]
  • Michael Bloomberg launches demagogic new campaign against Stand Your Ground laws, calling to mind the recent critique of the NYC mayor’s paternalist dark side by Conor Friedersdorf in the Atlantic;
  • Jerry Brown frees grandmother dubiously jailed in shaken-baby death [Slate, earlier]
  • As Scruggs (Dickey not Earl) still pursues vindication, Alan Lange looks back on Mississippi scandals [YallPolitics]
  • Deservedly favorable profile of Fifth Circuit judge Jerry Smith [NOLA]
  • In which I tell off Bill Donohue’s Catholic League for its double insult last week to gays and to adoptive parents [IGF]
  • “The Ninth Circuit was, believe it or not, correct” [Ilya Shapiro and Trevor Burrus, Cato, on administrative law case arising from NLRB rules change on drug rep overtime]

Victory against overbroad “hacking” law

Many will breathe a sigh of relief following Judge Alex Kozinski’s new opinion for an en banc Ninth Circuit in United States v. Nosal, establishing that (contrary to some fears) the “anti-hacking” provisions of the Computer Fraud and Abuse Act do not penalize broad swaths of computer usage that exceed “authorized” use. A ruling the other way might have criminalized many instances of employee goofing-off as well as common user violations of website terms-of-service. [Orin Kerr, Volokh Conspiracy, Ken at Popehat] Earlier here, here, here, etc.

Martin/Zimmerman: the Murder Two rap

Dan Markel at Prawfsblawg is wondering whether second-degree murder amounts to overcharging the case given the state of the evidence and the prosecutor’s affidavit: “I have no special insight into [prosecutor Angela] Corey’s evidence files but I sure hope she knows more than we do. Otherwise, a murder charge seems like a terrific injustice.”

Relatedly, Tom Maguire at Just One Minute explains his reasons for doubting that Corey has developed breakthrough evidence in the investigation so far. David French and Andrew McCarthy at NRO take sharply different views of how well the prosecution affidavit supports its charge.

And Ken at Popehat isn’t impressed at all by the prosecution’s handiwork so far: “The affidavit is argumentative, it’s conclusory, and it lacks attribution. … This is not the worst affidavit I’ve ever seen — but it’s damn close, and the decision to proceed based on it in such a high-profile case is stunning. … There’s no way that a judge reading this affidavit can make an intelligent or informed decision about the sufficiency of the evidence — even for the low hurdle of probable cause.”

More: Jeralyn Merritt on the affidavit’s unsupported assertions [via Balko] And via Steele, Legal Ethics Forum: George Conk “sensed trouble when Florida Special Prosecutor Angela Corey announced she would not convene a grand jury, skipping the first means of testing one’s evidence and demonstrating recognition of the citizenry’s right to [gauge] the conduct of prosecutors.” “Zimmerman should not be charged, nor sitting in a county detention, based on this document; yet there he is.” [Empty Wheel] Yet more: Radley Balko on the unchecked charging power of prosecutor [HuffPo]

Misleading audio clips and media transparency

In one of the standout instances of media misconduct during the run-up to the recent furor, NBC repeatedly aired, on “Today” and other shows, audio footage misleadingly edited so as to advance the proposition that George Zimmerman was suspicious of Trayvon Martin because of his race [Erik Wemple, Washington Post] While announcing that it had fired the unnamed producer it considered responsible, NBC was less than forthcoming about other details of the scandal, which — as Mickey Kaus points out — may have had a lot to do with its lawyers’ concerns about minimizing a possible defamation payout: “Like other tort laws, libel laws are in practice the enemy of transparency.”

Some have recalled the scandal in which “Dateline NBC” aired footage of supposedly exploding GM cars that in fact had been rigged with incendiary devices. But I’m actually more put in mind of a less celebrated media disgrace from the same era, the Texaco Tapes pseudo-scandal, in which (as I recount here) the New York Times and other outlets avidly promoted systematic misreadings of audiotapes in a hotly disputed racial-bias case, and failed to engage in adequate (or, really, any) soul-searching when the misreadings came to be exposed. In the Martin/Zimmerman case the questionable audio readings included the “two-shot” account influentially advanced by the New York Times when the case first broke nationally, and the supposed racial slur which dominated coverage for a couple of days before being (if the prosecutor’s affidavit is any indication) discreetly laid to rest.

More: Speaking of the New York Times, you have to wonder whether that paper has some sort of stylebook rule requiring it to keep misreporting what Stand Your Ground laws do [Jacob Sullum, more, earlier] And Tom Maguire notes that the paper’s latest editorial appear to be backing off its earlier assertions that the Zimmerman case will hinge on the state’s curtailing of the old “duty to retreat”: “The duty to retreat evidently extends to Times editors.” He also wonders whether, on the much-discussed question of whether Zimmerman flouted the advice of a 911 operator, the NYT editorialists read their own paper. Yet more: Maguire collects the media myths.

I have a new post at Cato rounding up many of my recent writings and broadcast appearances on the subject, under the title, “Why Is Press Coverage of the Martin/Zimmerman Case So Bad?”