Friday, May 3, 2013

Barrett Brown Update: New Defense Team, Feds Fish For Activists

From:  WhoWhatWhy

By Christian Stork on May 2, 2013 

Barrett Brown lounges in his Dallas apartment, courtesy of D Magazine
Several new developments in the Barrett Brown case suggest that the playing field between the cyber-activist/journalist and the government may be starting to even out—at least a bit. But the feds aren’t giving up anytime soon.

On April 28 it was announced that Brown—currently facing upwards of 100 years behind bars for a slew of felonies ostensibly unrelated to his work as a journalist—had retained new defense counsel, including heavyweights certain to draw more attention to his case than ever before.
Brown’s new team will consist of attorneys Ahmed Ghappour and Charles Swift.
Swift’s name should be familiar to legal junkies in the post 9/11-era. A former Lt. Commander in the US Navy’s Judge Advocate General (JAG) Corps, he represented Salim Hamdan in his successful bid to gain Supreme Court recognition of habeas corpus rights for Guantanamo Bay detainees. Swift now focuses on national security and military litigation as a partner in his private practice.
For Brown, the change came not a moment too soon. As the target of what feels like an establishment pile-on, Brown will need the best defense money can buy—that is, if they’ll let him buy it.
On April 17, Magistrate Judge Paul Stickney had ordered the seizure of thousands of dollars in defense funds, solicited and held in an outside account with no connection to Brown. Although the funds were apparently listed in a still-sealed financial affidavit provided by Brown’s former court-appointed attorney, it remains unclear how the money could be legally seized.­
However, in a hearing on May 1, Judge Stickney essentially reversed himself, denying the government’s motion to transfer the funds to the court for remuneration to Brown’s original public defender. Stickney then accepted that the cash reserves be used to retain Ghappour and Swift.
The prosecution had seemingly hoped to hobble Brown by depleting his war chest and therefore his ability to defend himself. With the new ruling however, which allows him to spend the money on counsel of his choice—one not overburdened by a public defender’s typically heavy caseload—the court has dealt the prosecution a serious setback.MORE

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