Judge gives Ressam new chance to cooperate

[NEWS] Ahmed Ressam's sentencing for his April 2001 conviction in a bombing plot had been delayed for years while he cooperated with investigators, providing information about al-Qaida. Sentencing was scheduled for yesterday, with a wide gap between the requests from defense (12.5 years) and prosecution (35 years). District Judge John Coughenour stressed that he would determine the sentence and that he would be influenced by cooperation -- would Ressam take another chance to cooperate? After consultation with his legal team, Ressam agreed to delay sentencing three more months. The Seattle Times: Local News: Judge gives Ressam new chance to cooperate.

Ressam's lead counsel is Thomas Hillier, of the Federal Public Defender and one of the instructors in the UW Trial Ad Program. Judge Coughenour teaches Advanced Trial Advocacy.

Categories: sentencing, judges,cooperation, Ressam, Coughenour, Hillier, UW

9th Cir. Reverses One Ressam Count

The Ninth Circuit reversed one of Ahmed Ressam's nine convictions related to the attempted bombing of LAX. The case is remanded to District Judge John Coughenour "to arrive at an appropriate sentence on the remaining counts of the conviction." The prosecution had appealed the sentence (22 years) as being too light. Appeals court throws out 1 Ressam felony conviction, Seattle Times, Jan. 17, 2007.

Ressam is represented by federal public defender Tom Hillier (also a Trial Ad instructor).

The case is here: United States v. Ressam, No. 05-30422 (9th Cir. Jan. 16, 2007). Judge Alarcon dissented.

U.S. Supreme Court to hear appeal of Ahmed Ressam case

U.S. Supreme Court to hear appeal of Ahmed Ressam case, Seattle P-I, Dec. 7, 2007. The Court granted certiorari today.

Federal prosecutors argue that the 22-year sentence that Judge Coughenour (W.D. Wash.) imposed was too short.

Click here to see earlier posts about Ressam's case. One links to the 9th Circuit case the Court will review. One links to an op-ed piece Judge Cougenour wrote in the New York Times.

If you want to follow the case in the Supreme Court, here's a link to the docket for United States v. Ressam, no. 07-455.

UW notes: Judge Coughenour teached Advanced Trial Advocacy here; Ressam's attorney, Federal Public Defender Thomas Hillier, is a Trial Ad instructor.

9th Cir. Reviews Ressam Sentence

Ahmed Ressam was convicted of nine felonies, including conspiracy to commit an act of international terrorism. After he cooperated with the government by giving information about others involved, Judge Coughenour (W.D. Wash.) sentenced him to 22 years in prison. Now the prosecution is challenging the sentence, saying it was too lenient. Oral arguments were Monday. Justice Department argues for tougher sentence for Ressam, Seattle Times, Nov. 14, 2006. See also Lawyers to argue Ressam sentence before appeals court, Seattle Times, Nov. 12, 2006.

Ressam is represented by Tom Hillier, Federal Public Defender (and Trial Ad instructor).

Ressam judge decries U.S. tactics

[NEWS] Last week, Judge John Coughenour sentenced Ahmed Ressam, the man convicted of attempting to bomb LAX, to 22 years in prison. Judge Coughenour commented that the trial showed the the U.S. legal system can try terrorist -- contrary to those who argue for secret tribunals, prolonged detention, and so on. The Seattle Times: Ressam judge decries U.S. tactics

Judge Coughenour said:

I would like to convey the message that our system works. We did not need to use a secret military tribunal, or detain the defendant indefinitely as an enemy combatant, or deny him the right to counsel, or invoke any proceedings beyond those guaranteed by or contrary to the United States Constitution.

I would suggest that the message to the world from today's sentencing is that our courts have not abandoned our commitment to the ideals that set our nation apart. We can deal with the threats to our national security without denying the accused
fundamental constitutional protections.

Despite the fact that Mr. Ressam is not an American citizen and despite the fact that he entered this country intent upon killing American citizens, he received an effective, vigorous defense, and the opportunity to have his guilt or innocence determined by a jury of 12 ordinary citizens.

Most importantly, all of this occurred in the sunlight of a public trial. There were no secret proceedings, no indefinite detention, no denial of counsel.

The tragedy of September 11th shook our sense of security and made us realize that we, too, are vulnerable to acts of terrorism. Unfortunately, some believe that this threat renders our Constitution obsolete. This is a Constitution for which men and women have died and continue to die and which has made us a model among nations. If that view is allowed to prevail, the terrorists will have won.

It is my sworn duty, and as long as there is breath in my body I'll perform it, to support and defend the Constitution of the United States.

Transcript (on Seattle Times website). For a profile of Judge Coughenour, see Seattle Times: Maverick who speaks his mind.

Ressam sentence reinstated

Ressam sentence reinstated, Seattle P-I, Dec. 4, 2008. Federal prosecutors asked Judge John Coughenour (W.D. Wash.) to increase convicted terrorist Ahmed Ressam's sentence from 22 years to life. His sentence had reflected his early cooperation with investigators but he has stopped cooperating. Judge Coughenour stuck with the original sentence, but U.S. Attorney Jeff Sullivan hopes to appeal that decision.

Ressam's Letter to Judge Coughenour

In November, Ahmed Ressam (who was convicted of involvement in a plan to bomb LAX) sent a letter to district judge John Coughenour. Now the letter (in Arabic) and a translation have been made public. Millennium bomber changes story about friend. Mr. Ressam's attorney is Tom Hillier, of the Federal Public Defender's office (and the Trial Ad faculty). (Judge Coughenour is teaching Advanced Trial Advocacy this quarter too.)

DOJ Train Wreck, Ressam Sentencing

Former U.S. Attorney John McKay writes of the U.S. Attorney firing mess: Train Wreck at the Justice Department: An Eyewitness Account, 31 Seattle U.L. Rev. 265 (2008), available on the Seattle Weekly's website.

The Weekly discusses the article and the Ahmed Ressam case, now before the U.S. Supreme Court: Rick Anderson, Former U.S. Attorney John McKay Takes the Gloves Off on the White House, March 12, 2008.

Taken as a whole, McKay's Law Review article sounds like a closing argument for locking up most of the Bush administration. Though he once picked his words cautiously when speaking of the Bush Justice Department, McKay refers to former Attorney General Alberto Gonzales as a "liar" with "sinister" motives, and says other Justice and White House officials also perjured themselves in Senate hearings as part of a possible criminal conspiracy.

Coughenour Profile

Judge John C. Coughenour (W.D. Wash.) is a well-respected judge, noted for his high standards for attorneys and compassion for criminal defendants, according to a profile in yesterday's Seattle Times. David Bowermaster, "Senior status" isn't likely to dilute judge's demanding, compassionate style, Seattle Times, Aug. 1, 2006.

When Judge Coughenour toured the new federal prison in Sheridan, Oregon, in 1989, a prisoner greeted him and Coughenour talked to him about prison conditions and his plans after his release. Since then, the judge has regularly visited the prison and offers to spend 15-20 minutes with anyone he has sentenced.

Judge Coughenour has spoken out against mandatory minimum sentences for drug offenses because they are often harsh and remove discretion from the judge.

Judge Coughenour has handled some high-profile cases, including the fraud trial of the Montana Freemen in 1998 and the trial of terrorist Ahmed Ressam.

The Times article doesn't mention it, but Judge Coughenour also chaired the Ninth Circuit Gender Task Force whose report, The Effects of Gender in the Federal Courts, was issued in 1993. I remember hearing him speak around then, and he indicated that his service on the task force had made a big impression on him. Having a white, Midwestern Reagan-appointee become an advocate for gender equity may have made an impression on others, as well: if he thinks there might be a problem here, well, then maybe there is!

UW notes: Coughenour was a full-time faculty member at the UW in the early 1970s, teaching Trial Practice (the predecessor to today's Trial Advocacy class). He has taught Advanced Trial Advocacy here as a part-time faculty member for years. (Sign up for it in winter 2007!) The Times profile quotes two Trial Ad instructors, private attorney Jeffery Robinson and federal public defender Thomas Hillier.

Filed in: Coughenour, judges, Robinson, Hillier, Ressam, Freemen, sentencing, prisoners, gender

Tuesday's Lunchtime Choices

Tomorrow has a couple of trial-practice-related programs during the lunch hour:

• Michael Shadow, a well-respected consultant on effective speaking, is presenting a workshop -- courtesy of Career Services and WSTLA.
• Federal Public Defender Tom Hillier is speaking about his experience representing Ahmed Ressam ("the Millennium Bomber") (Forum on Law and Policy).

I wouldn't want to discourage anyone from attending the library's regular Tuesday Library Lifesavers (this week: selecting a database on Westlaw and starting points for foreign and international legal research) -- but these sound very interesting too.

Coughenour on How to Try a Terrorist

Judge John Coughenour (W.D. Wash.) wrote an op ed in the New York Times disagreeing with Michael Mukasy's suggestion that we need a "new adjudicatory framework" for trials of terrorists. John C. Coughenour, How to Try a Terrorist, N.Y. Times, Nov. 1, 2007.

In 2001, I presided over the trial of Ahmed Ressam, the confessed Algerian terrorist, for his role in a plot to bomb Los Angeles International Airport. That experience only strengthened my conviction that American courts, guided by the principles of our Constitution, are fully capable of trying suspected terrorists.

Local U.S. Attorney Resigns

John McKay, the United States Attorney for the Western District of Washington, announced his resignation yesterday, effective Jan. 26. U.S. Attorney Who Led Fight Against Terrorism Steps Down, Seattle PI, Dec. 15, 2006. McKay was appointed to the post in September 2001, just after 9/11, and worked to improve cooperation among federal investigating agencies. One of his most prominent prosecutions was of Ahmed Ressam for charges in connection with a plot to bomb Los Angeles International Airport. McKay will return to private practice, but did not comment on specific plans for the short term -- other than skiing.