Tag: 6th amendment

‘An Embarrassing Mistake’: Neil Gorsuch Rails Into Florida’s Use of 6-Person Juries

The right to a trial by jury was designed to be part of “the heart and lungs of liberty,” enshrined into the Constitution to protect people “against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hogs,” according to John Adams.

It is, in theory, still supposed to do that. But the Founders would likely be dismayed by the ways in which the government has watered down that right since their passing.

Supreme Court Justice Neil Gorsuch rebuked one such way today: the use of six-member juries, as opposed to the historical practice of 12-person panels.

His opinion was pegged to Cunningham v. Florida, a case concerning Florida woman Natoya Cunningham who was sentenced to eight years in prison after a six-person jury found her guilty of aggravated battery and retaliation against an informant to whom her nephew sold crack. Florida is one of six states—the others are Arizona, Connecticut, Indiana, Massachusetts, and Utah—that permits either six- or eight-person panels for such criminal trials.

Keep reading

DC Judge Refuses To Let Trump See Evidence In His Own J6 Trial

D.C. District Judge Tanya Chutkan has denied former President Donald Trump’s motion to subpoena records from the House of Representatives’ Jan. 6 committee, arguing that his requests are like a fishing expedition.

Her seven-page decision criticized the scope and alleged vagueness of President Trump’s requests. It also argued that he was improperly applying Federal Rule of Criminal Procedure 17 to information that could be obtained through other means.

“Defendant has not met his burdens with respect to his proposed Rule 17(c) subpoenas,” Judge Chutkan said.

“He has not sufficiently justified his requests for either the ‘Missing Materials’ themselves or the other five categories of documents related to them.”

Quoting the United States v. Cuthbertson, she added that the “broad scope of the records that defendant seeks, and his vague description of their potential relevance, resemble less ‘a good faith effort to obtain identified evidence’ than they do ‘a general fishing expedition that attempts to use the [Rule 17(c) subpoena] as a discovery device.'”

President Trump’s initial motion from Oct. 11 requested purportedly “missing materials” that the House Select Committee on Jan. 6 had allegedly failed to preserve and transfer to another congressional committee.

Fox News reported in August that Rep. Barry Loudermilk (R-Ga.), chairman of the Subcommittee on Oversight for the Committee on House Administration, accused the select committee of failing to provide certain communications with the Biden administration, as well as video recordings of depositions and interviews leveraged by the select committee.

Keep reading