When Jose Padilla was arrested in Kentucky in 2001 for drug trafficking, his lawyer advised him to plead guilty in exchange for a shorter sentence. Padilla is a legal permanent resident, having immigrated from Honduras 40 years ago, and his lawyer advised Padilla that the guilty plea would not affect his immigration status. Padilla pleaded guilty in October 2002 and was sentenced to 5 years in prison and 5 years of probation.

The lawyer’s advice, unfortunately, was wrong. Drug trafficking is an “aggravated felony,” meaning Padilla lost any benefit of his immigration status and would have no defense should the government choose to deport him. In 2004, Padilla filed a motion in court in Kentucky asking to withdraw his guilty plea, arguing that he would not have plead guilty if he had known about the immigration consequences.

The general rule for legal advice at trial is that a lawyer must fully inform a client of the direct consequences of a guilty plea, such as jail time, but the lawyer has no duty to explain “collateral consequences” like losing the right to vote or own firearms. The Supreme Court Tuesday heard arguments that loss of immigration status is such an important issue—and was so important to Padilla’s decision to make the plea—that a lawyer’s incorrect advice warrants overturning the conviction and possibly bringing a new trial.

The Supreme Court Justices seemed to primarily be concerned that if Padilla is allowed to take back his plea it would expand the job of a court-appointed attorney to include giving all sorts of legal advice rather than letting them focus on getting a favorable verdict in the specific case for which they are assigned. Justices Antonin Scalia and Samuel Alito asked the attorneys several times whether incorrect advice on child custody and confiscation of property could lead to new trials. Padilla’s lawyer argued that, if that advice was key to the defendant’s decision to plead guilty, it could be grounds for a new trial. He further pointed out that a lawyer is always free to say that he simply does not know or refuse to answer entirely.

The lawyer for Kentucky, at one point comparing the collateral issues to land mines, nevertheless argued that the Sixth Amendment, which provides the right to an attorney at trial, only provided that attorney for the purpose of countering the government’s prosecution. In other words, anything the lawyer says about collateral consequences is outside of his mandated role under the Sixth Amendment and is therefore not grounds for reversal.

The Supreme Court will hand down its decision in the case later this year.

Supreme Court nominee Sonia Sotomayor says life experiences generally help her to listen and understand, but she believes that all judges ultimately must rely on the law to command the results in a case. (0:35)

 

 Standard Podcast [0:35m]: Play Now | Play in Popup | Download

By Courtney Ann Jackson-Talk Radio News Service

Senator Robert Menendez (D-N.J.) spoke out Tuesday in support of Judge Sonia Sotomayor’s Supreme Court nomination. Menendez was joined by representatives from the National Latino Peace Officers Association and the Hispanic National Bar Association. The focus of the discussion was Sotomayor’s strong commitment to equality, justice and law enforcement.

“Let me make one thing perfectly clear, we get to be proud of this nominee because she is exceptionally qualified, first and foremost. We get to be proud of her vast knowledge of the law, her practical experience fighting crime and her proven record of dedication to equal justice under the law,” said Menendez.

He said that he is proud to have the opportunity to cast a vote in support of President Obama’s nomination of Sotomayor and he believes she is clearly the right person for the job.

The law enforcement officials who spoke emphasized her work in the fight against crime. Menendez noted that there are many different professional dimensions to Sotomayor’s experience and her commitment to law enforcement is just one aspect. The Senator said all of Sotomayor’s qualities will be highlighted during the confirmation period.

Said Chief Art Acevedo, the President of the National Latino Peace Officers Association, “One of the things that impresses law enforcement about the Judge is the fact that she has worked on the streets in the front line seeing first hand as a prosecutor in New York the challenges faced by the communities we serve, the challenges faced by the law enforcement community and more importantly the challenges we face as a nation.”

Menendez and the other leaders noted Sotomayor’s judicial experience, and said they are committed to promoting a fair confirmation process by the U.S. Senate.

“Sonia Sotomayor’s nomination to be a Justice of the Supreme Court is a proud moment for America,” Menendez said. “It’s proof that the American dream is in reach for everyone willing to work hard, play by the rules, give back to their communities, regardless of their ethnicity, gender or social economic background. And it’s further proof of the deep roots the Hispanic community has in this country.”

By Annie Berman, Talk Radio News Service

Today at the White House, President Obama announced federal appeals court judge Sonia Sotomayor as the widely-anticipated replacement for retiring Supreme Court Justice David Souter. If confirmed, Sotomayor will be the first Hispanic woman to serve on the bench, and the third woman in history.

A native of New York, Sotomayor, 54, was born to Puerto Rican parents. After her father died she was raised in a single family household.

Sotomayor attended Princeton University where she graduated summa cum laude in 1976. Later, she attended Yale Law School where she was the editor of The Yale Law Journal.

After graduation from law school in 1979, Sotomayor served as an Assistant District Attorney to New York County District Attorney Robert Morgenthau. In 1997, Sotomayer was nominated by President Bill Clinton to her current position.

Sotomayer’s most famous case was the 1994 baseball strike. Sotomayer issued the preliminary injunction against Major League Baseball which prevented the MLB from implementing a new Collective Bargaining Agreement and using replacement players. Her ruling in this case ended the strike one day before the 1995 season.

Obama had only praise for Sotomayor. “Judge Sotomayor has worked at almost every level of our judicial system, providing her with a depth of experience and a breadth of perspective that will be invaluable as a Supreme Court justice,” he said. Obama added that he hopes Sotomayor may begin her tenure with the court when it begins its term in October.  

After Obama spoke, Sotomayor thanked her mother and brother for their support, and the President for the nomination. “I chose to be a lawyer and ultimately a judge because I find endless challenge in the complexities of the law.”  

Sotomayor now faces a daunting confirmation process with the U.S. Senate. 

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Correspondent Michael Ruhl’s investigative report into the recent pandemic of piracy off of the Horn of Africa. The report focuses on why the piracy is taking place and what can be done to stop it. It includes perspectives from Somali Ambassador-at-large Abdi Awallah Jama, George Mason University Political Science Professor Hazel McFerson, Maersk-Alabama Captain Richard Phillips, and CENTCOM Commander General David Petraeus. (07:30)

 

 Somalia's Piracy Pandemic [07:30m]: Play Now | Play in Popup | Download

By Michael Ruhl, University of New Mexico – Talk Radio News Service

The most effective way to deal with piracy off of the Somali coast is for the sailors to defend themselves, according to a Defense Department representative testifying to the Senate Armed Services Committee today.

Michele Flournoy, Under Secretary of Defense for Policy, said that of the recent pirate attacks in Somalia the most effective means of fending off the pirates came from actions taken by the crews themselves.

“The single most effective short-term response to piracy will be working with merchant shipping lines to ensure that vessels in the region take appropriate security measures themselves,” Flournoy said. She continued that it is not possible for the U.S. military to prevent or intervene in every pirate attack, but if crews take appropriate measures, “the vast majority of pirate attacks can be thwarted without any need for military intervention.”

There were 122 attempted pirate attacks in 2008, of which only 42 resulted in crewmembers becoming captured. Of the unsuccessful attacks, 78 percent of them were stopped by the crews actions, with the others being stopped by military intervention, according to Flournoy.

Flournoy divided crew countermeasures into two categories: passive and active defense measures. Passive measures are those which don’t necessarily require direct confrontation with the pirates, and can include physical obstructions to boarding points, avoiding high-risk waters, creating fortified “safe rooms” in the ship, posting lookouts at all times, and maintaining contact with maritime security forces. Active defense measures can include using fire hoses and small arms to repel pirates and a military presence on the boat. Both of these defensive measures are important for crews to talk to defend themselves, Flournoy said.

She believes that the complexity of this situation necessitates a multifaceted approach, which is why the aforementioned measures should be combined with greater military patrols and economic development. Additionally, the Defense Department would like to see more states willing to prosecute the pirates. Presently, Kenya is one of the only nations to actually place Somali pirates on trial.

According to Flournoy, since August 2008 36 pirate vessels have been destroyed or confiscated, small arms have been seized, and 146 pirates have been turned over to law enforcement officers.

By Michael Ruhl, University of New Mexico – Talk Radio News Service

The lack of a coordinated international response might have emboldened pirates off the coast of Africa to step up their terror, according to Retired Vice Admiral Kevin Cosgriff. This comes on the heels of Secretary of State Hillary Clinton announcing the Obama Administration’s new approach to the situation in Somalia, which includes the U.S. seizure of financial assets.

Cosgriff believes that a coordinating authority among the nations with maritime interests in the region could help present a unified front against pirates.

“With so many different players on the field, it’s a bit like an all-star game without an authoritative coach. There are differing rules of engagement, national approaches, and limits on what they want their warships to do.” Cosgriff said it’s a challenge “to have the right ship from the right navy in the right place at the right time to do what you want to do.”

Cosgriff is former commander of the US Naval Forces Central Command. He held a talk at the Middle East Institute, at which he addressed the possible courses of action which could be taken against maritime piracy in the nearly 400,000 square mile region along the Somali coast.

“Doing nothing, or being ineffective at what we do, strikes me as bad policy,” said the commander, who addressed five possible courses of action that could be taken to curb the lawlessness:

• Do Nothing: Companies which traffic goods off of the African Horn would pay ransoms and treat piracy as a cost of business.
• Arm the Crews: Ship crews would be expected to maintain their own security through hiring private security forces or arming their mariners.
• Flood the Zone: International naval coalitions and unofficial patchworks of navies “with significant maritime interests” would patrol the region.
• Go in on ground – Light: Tactical airstrikes and troops on the ground aimed at equipment and infrastructure within known pirate camps along the Somali coastline.
• Go in on ground – Heavy: Tactical airstrikes and troops on the ground to flush out the pirate camps, seize property, and not allow the pirates to bare the fruits of their actions.

Cosgriff emphasized the importance of a coordinated international response in whatever route was selected, because it is an “international problem in the great global commons known as the sea.” A coordinated response would provide a uniform framework in which to react to pirates when they engage in hostility, according to Cosgriff. He said that since the U.S. is a global maritime leader, it should take a leading role in the solution.

“Whatever lies ahead, we have to take care… that the cure is not worse than the disease,” he said.

Cosgriff acknowledged that piracy is a business, and doesn’t believe that it is rooted in simple poverty and desperation, although he acknowledged those as contributing factors. “The overall problem is that of organized criminal clans,” groups which he said, “try to extend seaward the rule of the gun which pertains in much of Somalia.” He continued, “in short, piracy pays.”

Somalia has faced ongoing violence and lawlessness since the government collapsed in 1991.

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Piracy is nothing new in Somalia. Every day pirates run free off of Somalia’s nearly 2,000-mile coastline and find haven within this African country which is slightly smaller than Texas. The problem has long been of concern to the U.S. State Department and the United Nations, but it has been gaining special attention once again because of the targeting of American citizens. The hostage situation with American ship captain Richard Phillips caused a nation to hold its breath, and many were in shock when U.S. Congressman Donald Payne (D-NJ) escaped a mortar attack aimed at his airplane in Mogadishu on Monday while the congressman was meeting with government officials.

Maritime piracy has been a lucrative business since the collapse of the Somali government in 1991 and in the thirteen governments to exist since. It can provide quick income for the uneducated and impoverished, and has become a fact of life for companies trading around the Horn of Africa.

The United States has not had full diplomatic ties with Somalia since 1991. Somalia now has a U.S. “Ambassador-at-large” with no formal office in the U.S. from which to work. The Ambassador-at-large, Abdi Awaleh Jama, believes that the violence comes from a “poverty of leadership” in Somalia. Jama said the leaders at the regional and national level don’t serve communal interests but rather favor specific clans or family members.

“The dominant paradigm now is the clan paradigm… not the nation paradigm,” Jama said. He continued, “When there is no law and order, you take the law into your own hands.” Jama said the natural resources in Somalia have been seized by certain clans and used to hold down opposition within the rest of the country.

Jama, who does not fault the sitting Somali president for the country’s condition, said that pirates flourish off the expansive coast because the rule of law has not existed in Somali society in the past decade. When such anarchy is combined with the overflowing poverty, a situation will develop where people will seize “any opportunity they have to make money,” said Jama.

Officials within the Somali government have defended the so-called pirates as being a “coast guard” who protect the country’s resources. Jama dismisses that claim.

“These are criminals who want to make quick money, and who want to just use force, in the name of saving Somalia,” he said. “They are only there to enrich themselves, and to use that gimmick that they are defending Somali resources, which is wrong.”

Joel Carny, an expert from Refugees International, said that Somalia “really hasn’t had a central government that has functioned in so long.” He believes this has led to “warlordism” and opportunity for clan-based regional politics to develop. He called Somalia “an environment in which everyone has to fend for themselves.”

According to Carny, approximately two million Somalis have been displaced due to the violence in the past decade and three million are in need of emergency assistance.

Somalia’s Ambassador to the United Nations, Dr. Elmi Ahmed Duale, acknowledged in a phone conversation that the violence was taking place and said the government cannot hide it. He hopes for a resolution.

The international community has taken this issue very seriously. The United Nations has had peacekeepers in Somalia at various times since 1991, and most recently the African Union has dedicated resources through AMISOM, their official Mission to Somalia. In February 2009, the United Nations Security Council authorized AMISOM to stay in Somalia for another six months, which places peacekeepers on the ground through August. The United Nations says the goal of this mission is to help establish order and secure human rights.

Recent Somali elections were marked by violence to the point that they had to take place in neighboring Djibouti. Somali President Sharif Sheikh Ahmed was elected in January, and shortly thereafter, Ahmed appointed a new prime minister.

Carny is doubtful of the new government’s ability to establish order but thinks that the international community should give the new president a chance. Carney said, “Lets see if [the government] can establish a viable authority… that can at least establish security inside the capitol and then spread from there.” Carney said, however, that “anyone who’s pessimistic about Somalia is probably going to be right.”

Jama wants the United States to help Somalia build a “proper coast guard,” which would replace vigilantism that currently runs the shorelines.

Both Jama and Carny acknowledged that most of the social problems in Africa are rooted in the colonial past, but Carny believes that Africa must move on. “We’re not going to redraw the boundaries in Africa,” said Carny. He suggested that Somalia could be governed regionally through “some kind of Federalism,” as a credible solution for ethnically diverse nations prone to social conflict, civil war and genocide.

“For better or for worse, these countries have to live and work their way out of consequences. When you get good leadership at the national level… things can turn around fairly quickly,” Carny said.

Listen to the audio report here.

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Correspondent Michael Ruhl reports on the security and humanitarian crisis presently plaguing Somalia. Ruhl interviews Somalia’s Ambassador-At-Large to the U.S., Abdi Awaleh Jama, and also speaks with Joel Carny from Refugees International.

Read the full article here

Version 1: (00:30)
Version 2: (02:00)
Version 3: (03:25)

 

 Version 1 [00:30m]: Play Now | Play in Popup | Download

 

 Version 2 [02:00m]: Play Now | Play in Popup | Download

 

 Version 3 [03:25m]: Play Now | Play in Popup | Download

By Kayleigh Harvey – Talk Radio News Service

Rape victim, Michele Mallin, whose accused assailant was exonerated posthumously by DNA testing, has lent her support to William G. Osborne in the Supreme Court hearing District Attorney’s Office v. William G. Osborne. Osborne is applying for DNA testing to prove his innocence under the civil rights act. Mallin said: “I believe everyone has a right to this testing and I signed the Osborne brief myself, because it’s the right thing to do. Everybody deserves that right to have that DNA test to prove that your guilty or you innocent.”

 

 Standard Podcast: Play Now | Play in Popup | Download