“You have someone here who presents himself as two different people,” said Magistrate Judge A. David Copperthite at a detention hearing in Baltimore for the purloiner of tons of NSA files.
The government painted a picture of a serial lawbreaker who knowingly removed boxes of documents and terabytes of electronic files from the NSA, and kept an arsenal of weapons in his home.
Martin’s lawyer, Federal Public Defender James Wyda, by contrast said his client is a hoarder with a drinking problem. “The mental health factor is the only explanation for this that makes sense.”
Harold T. Martin III has so far only been charged with theft and retention of classified material. Although the law only allows detention based on flight risk for such minor offenses the government still argued about the danger he posed to national security. Assistant U.S. Attorney Zachary A. Myers told the judge,“There’s no guarantee that he’s not storing other information somewhere else that he has not told us about.”
Additional charges under the Espionage Act are expected.
NYT story here.
Retired USMC General James E. Cartwright, once known as “Obama’s favorite general”, appeared on short notice in a DC courtroom Monday to plead guilty to lying to the FBI. “It was wrong for me to mislead the F.B.I. on Nov. 2, 2012, and I accept full responsibility for this,” General Cartwright told U.S. District judge J. Richard Leon. “I knew I was not the source of the story and I didn’t want to be blamed for the leak. My only goal in talking to the reporters was to protect American interests and lives; I love my country and continue to this day to do everything I can to defend it.”
An investigation into leaks about a joint US – Israeli “Operation Olympic Games” effort to sabotage Iran’s nuclear program through cyberattacks led the FBI to question General Cartwright. A book by New York Times reporter David Sanger, ‘Confront and Conceal’, brought public attention to the covert program and led to congressional investigation.
The Supreme Court heard arguments in two cases yesterday morning – a third argument was heard in the afternoon, but I didn’t sketch that one.
The first case, Samsung Electronics v. Apple, involves the design patents of Apple’s iPhone. Samsung, having lost in the lower courts, was ordered to pay Apple all the profits from smartphones that copied design elements of the iPhone, close to $400 million. Samsung naturally argues that such an outsized award is unfair considering their smartphones are more than just the package.
In the second case, Pena-Rodriguez v. Colorado, the justices were asked to make an exception to the rule that jurors cannot testify about deliberations. Here one of the jurors expressed a strong racial bias against the defendant and his alibi witness, both of whom are Hispanic.
Here are sketches from three of the five cases argued in the Supreme Court during this first week of the October 2016 term (wish I hadn’t skipped Tuesday’s bank fraud argument, Shaw v. U.S., and missed Justice Breyer’s Kardashian hypothetical ).
Tuesday’s collateral estoppel double-jeopardy case, Bravo-Fernandez v. U.S. :
Wednesday’s insider trading case, Salman v. U.S. :
. . . and the Texas racial bias in death penalty arguments in Buck v. Davis :
. . or the all catholic bench.
As the first day of Rosh Hashanah this year coincided with the first day of the Supreme Court’s new term no arguments were heard on Monday. Justices Ginsburg, Breyer and Kagan were absent, presumably in observance of the Jewish new year. That left the remaining five justices, all of whom are roman catholic. . . . L’shanah tovah !