Posted on 01/17/2011 1:30:56 PM PST by jeannineinsd
SAN DIEGO — The U.S. Department of Justice said Monday it will oppose moving the case of accused gunman Jared Lee Loughner out of Arizona to another location, including San Diego.
The statement pushed back at a report by The Washington Post Sunday that cited anonymous federal law enforcement sources saying “federal court authorities” were preparing for the Loughner case to be moved in the next few weeks because of the massive publicity about the case in the state.
He is accused of killing six people, including a federal judge, and shooting Rep. Gabrielle Giffords, D-Ariz,, at an event in Tucscon that the congresswoman held to meet constituents.
Last week, San Diego federal Judge Larry A. Burns was designated to hear the case after the entire Arizona federal bench recused itself to avoid the appearance of bias against Loughner. The district’s chief judge, John Roll, was killed in the Jan. 8 rampage.
Loughner is represented by a trio of lawyers from San Diego — Judy Clarke, Mark Fleming and Reuben Cahn, head of the local federal defender’s office.
While the San Diego connections have given rise to speculation the trial will end up here, several steps must first be taken.
Clarke would have to file a formal motion to change the venue under the federal rules of criminal procedure. She has indicated she would do so, and most legal observers expect that to happen.
But a Justice Department spokesman said Monday the department plans to pursue the case in Arizona and will fight any move to change the location.
The Washington Post news report said that the final decision to move the case would be made by current Arizona District Chief Judge Roslyn Silver.
But it was Silver who last week signed an order recusing all Arizona judges from considering any matters related to the case, so it is unlikely she would be able to rule on such a crucial matter as a venue change.
Also, under federal court rules, the trial judge — in this case, that is Burns — makes the decision on whether a case should be moved. The rule requires that “the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.”
Loughner is charged with five counts, including attempted assassination of a member of Congress and killing an officer and employee of the United States stemming from the Jan. 8 shooting spree at a supermarket parking lot in Tucson. A federal judge from Arizona was killed and Rep. Gabrielle Giffords was wounded in the head.
“But a Justice Department spokesman said Monday the department plans to pursue the case in Arizona and will fight any move to change the location.”
Help me out here, they’ll fight themselves then based on the earlier report?
The Federal charges are for the Federal employees that were on-duty, the Public Outreach Director that was killed, for example. Unfortunately, the Federal charge concerning the Judge will eventually be dismissed because, as Obambam spilled the beans in his Universe-wide speech the other night, he was just passing by to visit after Morning Mass.
He was not engaged in official duties, and everybody in the Universe now knows that, thanks to Odumbo.
Sure. For an example, see the New Black Panthers voter intimidation case in Philly. The DOJ had convictions, and before sentencing, the DOJ withdrew the charges. It was unprecedented.
Hmmm???? I imagine that there are plenty of judges in Arizona.
It sounds like Holder is trying to get an aquittal (or mistrial). If every judge in Arizona has recused themselves, why fight moving it?
Why are the Feds being given first shot here? He should be tried on state charges first (murder). Then afterwards, he can be tried for federal crimes, one of which Obama has already jeopardized with his idiotic remarks about Judge Roll.
Not necessarily.
A very strong legal argument can be made that Obama is an idiot who does not know what he is talking about. Clearly, there is a lot of evidence to support that argument.
If the shooter was a Hispanic who didn’t agree with the Congresswoman’s support of Border Control, would they still move the trial to San Diego?
I’m thinking more like Nome, Alaska.
How many FEDERAL Judges? Hmmmmm???
LOL! True! But the idiot boy King handed the defense team a “Get out of jail FREE!” card.
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