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Saturday, January 19, 2008

Judge Ignores First Amendment; Silences Blogging Attorney (MORE, CLICK HERE)

Blogging lawyer silenced as judge expands gag order in Liberty City 7 case
By Vanessa Blum - January 12, 2008 - South Florida

A prominent South Florida criminal defense lawyer who writes online commentary about federal court cases can no longer opine on the so-called Liberty City 7 terror case because the judge has expanded a sweeping gag order.

David O. Markus, an affable attorney who is often critical of prosecutors, gave a forlorn sign-off Friday explaining how he had agreed to challenge the gag order on behalf of a defense lawyer in the case, only to find himself silenced.

"Gagged?" Markus wrote on the Southern District of Florida Blog at, saying he would fight the order through legal channels. Markus represents attorney Joel DeFabio, who in turn represents acquitted defendant Lyglenson Lemorin. Since the jury's verdict Dec. 13, DeFabio has been protesting the gag order, which prevents his client, the defendants, their lawyers, witnesses and others connected to the case from speaking with reporters.

On Thursday, U.S. District Judge Joan Lenard extended the order to include DeFabio's "agents"— a reference Markus took to mean himself. Taking aggressive steps to limit publicity related to the case, Lenard had previously applied the order to attorneys representing Lemorin in deportation proceedings.

Attorney Floyd Abrams, a free speech advocate, called the gag order "unusual" because it affects people not involved in the criminal case.

"Judges have considerable, but not unlimited, power to limit the speech of those before them," Abrams said in a telephone interview from his office in New York.

Lemorin, a possible defense witness when the terror case is retried, is in immigration custody. The Department of Homeland Security is trying to deport Lemorin to his native Haiti based on terrorism allegations, although the jury in the case found him not guilty and he is a legal U.S. resident.

In court papers, Markus argued Lenard must allow Lemorin and his attorneys to exercise their First Amendment rights.

"He should be permitted to speak about the first trial, his acquittal, his immigration case, and anything else unrelated to his potential testimony in the second trial," the brief states.

A retrial for Lemorin's co-defendants is set to begin later this month. The first jury could not agree on charges the men tried to join forces with al-Qaida in plots to bomb Chicago's Sears Tower and the Miami FBI building.


Anonymous said...

the JUDGES have turned into our new masters, it's time for ALL of them to go - Goodbye suckers and take away their pensions too

Anonymous said...

Down with the King and his Courts of Jesters!!! These are not our masters, these are criminals who think they have cloaked themselves in law to protect their illegal ways. Slowly but surely they will fall, history has a strange way of repeating itself.
Silencing People now comes in Courts that allow people to be carted away to concentration camps, stopped from press releases, tortured and other crimes highly unethical for our Courts and more symbolic that criminals have infiltrated and siezed our government.
All roads of this sieze on the United States lead to
Batman @

Anonymous said...

who has absolutely no respect for the Judicary that is why I believe in Jail 4 Judges!

see the website

this is the only way to level the field otherwise these lawyers/judges will continue to enslave us.

Anonymous said...

If you want to get rid of judges easily, just follow them when they leave "early" from work...they are still on the state payroll and they are....golfing, at strip clubs, having illicit affairs, hiding in the bushes looking for gay sex, etc....all on the tax dollar! They are more than welcome to do all of the above before 9 and after 5...but not on my dimes and quarters! Follow, then document and investigate and report to my favorite people, THE STATE COMMISSION ON JUDICIAL CONDUCT...THEY HAVE TO INVESTIGATE PHOTO OR VERBAL FOOTAGE...THEY GET SCARED IT WILL END UP ON U-TUBE!

Anonymous said...

what jerk appointed this person a federal judge? This judge should be removed and be forced to study the US Constitution.

Anonymous said...


Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:

               Video of 1st Hearing on Court 'Ethics' Corruption
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