Post details: Fed.Int.Surv.Ct.Rev. presiding judge fully retiring


Permalink 08:53:39 am, by fourth, 1026 words, 620 views   English (US)
Categories: General

Fed.Int.Surv.Ct.Rev. presiding judge fully retiring

Arkansas Democrat-Gazette: A ‘regular ol’ tort case’ gives Arnold most joy by Linda Satter (pay wall; so a longer summary):


It’s been 48 years since a young Morris Sheppard “Buzz” Arnold strummed the guitar and sang Bob Dylan songs on a stage at the Ozark Folk Festival in Eureka Springs.

But it’s safe to say there’s still a little bit of “hippie” in this distinguished gentleman from Little Rock who, at age 71, has been quietly serving for the past year as the presiding judge on the nation’s Foreign Intelligence Surveillance Court of Review while wrapping up 21 years in his more-public job on the 8th U.S. Circuit Court of Appeals.

Now, Arnold says, he is planning to retire from both jobs, effective next Sunday,and move on to whatever might be “blowin’ in the wind.”

Known for his intellect, eloquent writing and knowledge of Arkansas history - which have served him well as an 8th Circuit judge - Arnold is also recognizable for his pinstriped seersucker suits and shock of longish gray hair that sometimes sneaks past his suit collars.

His nickname, Buzz, is a lifelong moniker imposed by his step-grandfather, the late Sen. Tom Connally, after Sergeant BuzFuz in Charles Dickens’ The Pickwick Papers.

In a recent interview in Little Rock, he said he doesn’t have any particular plans for retirement. He spoke as he was vacating his 31stfloor office in the Metropolitan National Bank Building, where he had a treetop view of the atrium of the federal courthouse, a building that is named for his now-deceased older brother, Richard, who also served on the 8th Circuit.

. . .

His favorite cases, he said, have been those involving the Bill of Rights - specifically, the First and Fourth amendments - as well as “just a regular ol’ tort case, like a slip and fall,” which can end up in federal court if the parties are in different states.

Asked if any of the numerous opinions he has penned as an 8th Circuit judge make him particularly proud, Arnold readily cited a 2001 case, Henderson v. Norris, in which the 8th Circuit granted a habeas petition from a man whom a state-court jury had sentenced to life in prison without the possibility of parole for first-offense delivery of a small amount of cocaine.

In a rare ruling, the 8th Circuit panel agreed with the convict that the sentence amounted to a violation of the Eighth Amendment, which prohibits cruel and unusual punishment, and ordered him to be resentenced or released.

“He was selling cocaine that weighed less than a paper clip,” Arnold recalled, shaking his head.

. . .

While most of Arnold’s jobs have left a well-publicized trail of accolades, from his written opinions to his books that have won prizes for both their literary and historical quality, it is his less-public role as the top judge of the nation’s top surveillance court that he focused on last week.

For starters, Arnold cringes at the description of the Foreign Intelligence Surveillance Court and its appellate court, the Court of Review, as “secret” courts.

That label has been frequently used in dozens of recent articles that began June 5, when a former National Security Agency contractor, Edward Snowden, leaked to a British newspaper, The Guardian, a highly classified court order directing a subsidiary of Verizon Communications to give the government logs of calls between the United States and abroad. It was followed by Snowden’s disclosure of a program called Prism, through which the government collects Internet data on foreigners abroad from companies such as Google, Facebook and Apple.

Among intense criticism about the “secret court” authorizing the government to snoop into the private emails and telephone calls of American citizens, President Barack Obama and others have rushed to explain that the data collection, which has gone on for years, captures only raw numbers for the most part and is aimed at foiling potential terrorist attacks.

Among the 11 judges on the surveillance court is U.S. District Judge Susan Webber Wright in Little Rock, who was appointed by the Chief Justice of the United States John Roberts in May of 2009. Roberts appointed Arnold in 2008 to the three-judge review court, which hears government appeals of surveillance requests that the lower court has denied. Just last year, Roberts appointed Arnold as presiding judge of the Court of Review.

Members of both courts serve seven-year terms and are not eligible for reappointment.

Arnold noted that the surveillance courts weren’t created until 1978, and, “Before that, there was no court that had review over the government’s foreign intelligence surveillance. The executive branch was free to do what it wanted to do, with no judicial oversight.”

Rather than worry about a “secret” court authorizing nosy intrusions into citizens’ privacy, Arnold said Americans should be glad that the courts consist of federal judges who know a thing or two about the law and are there as a protective barrier between the executive branch and individuals.

“They need to consider that the people who have been put in charge of the process have taken an oath to uphold the Constitution,” Arnold said, noting, “I’m as critical of the government as anyone, but the criticism needs to be reasonable.”

Arnold's term on the review court runs to May 18, 2015. Also, he swore me in as NACDL's 50th President in Milwaukee in August 2008. I always love hearing his stories about government overreaching. A Republican appointee, he's a libertarian, and he never believed in giving the government the free rein some of his colleagues on the Eighth Circuit did. I'm sure he's rankled by the suggestion that, just because he's a Republican appointee, he's in the government's pocket. NEVER.

Factoid of the day (actually again, in case you missed it): Little Rock has two judges involved in FISA cases: Arnold and USDJ Susan Webber Wright, who I went to law school with. I've always wondered about what extent the NSA went to to set up secure communications into their offices and the national security clearances of their staff. I have three sentencings with her week after next in drug cases. She just took senior status herself.


No Pingbacks for this post yet...

Notes on Use

April 2014
Sun Mon Tue Wed Thu Fri Sat
<< <     
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30      


by John Wesley Hall
Criminal Defense Lawyer and
  Fourth Amendment consultant
Little Rock, Arkansas
Contact / The Book
Search and seizure law consulting

© 2003-14, online since Feb. 24, 2003

URL hits since 2010


Fourth Amendment cases,
citations, and links

Latest Slip Opinions:
U.S. Supreme Court
Federal Appellate Courts Opinions
  First Circuit
  Second Circuit
  Third Circuit
  Fourth Circuit
  Fifth Circuit
  Sixth Circuit
  Seventh Circuit
  Eighth Circuit
  Ninth Circuit
  Tenth Circuit
  Eleventh Circuit
  D.C. Circuit
  FDsys: Many district courts
  FDsys: Many federal courts
  FDsys: Other
  Military Courts: C.A.A.F., Army, AF, N-M, CG
State courts (and some USDC opinions)

Google Scholar
Advanced Google Scholar
Google search tips
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on $

Most recent SCOTUS cases:
2009 to date:

2013-14 Term:
  Riley v. California, granted Jan.17, argued Apr. 29 (ScotusBlog)
  United States v. Wurie, granted Jan.17, argued Apr. 29 (ScotusBlog)
  Plumhoff v. Rickard, granted Nov. 15, argued Mar. 4 (ScotusBlog)
  Stanton v. Sims, 134 S.Ct. 3, 187 L. Ed. 2d 341 (Nov. 4, 2013) (per curiam)
  Navarette v. California, granted Oct.1, argued Jan. 21 (ScotusBlog)
  Fernandez v. California, 134 S.Ct. 1126, 188 L. Ed. 2d 25 (Feb. 25) (ScotusBlog)

2012-13 Term:
  Maryland v. King, 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013) (ScotusBlog)
  Missouri v. McNeeley, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013) (ScotusBlog)
  Bailey v. United States, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013) (ScotusBlog)
  Florida v. Harris, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013) (ScotusBlog)
  Florida v. Jardines, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013) (ScotusBlog)
  Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)

2011-12 Term:
  Ryburn v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (other blog)
  Florence v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012) (ScotusBlog)
  United States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (ScotusBlog)
  Messerschmidt v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)

2010-11 Term:
  Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
  Camreta v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011) (ScotusBlog)
  Ashcroft v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog)
  Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)

2009-10 Term:

  Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog)
  City of Ontario v. Quon, 560 U.S. 746, 130 S.Ct. 2619, 177 L.Ed.2d 216 (2010) (ScotusBlog)

2008-09 Term:
  Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009) (ScotusBlog)
  Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (ScotusBlog)
  Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009) (ScotusBlog)
  Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (ScotusBlog)
  Safford Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174 L.Ed.2d 354 (2009) (ScotusBlog)

Research Links:
  Supreme Court:
  S. Ct. Docket
  Solicitor General's site
  Briefs online (but no amicus briefs) 
  Curiae (Yale Law)
  Oyez Project (NWU)
  "On the Docket"–Medill
  S.Ct. Monitor:
  S.Ct. Com't'ry:

  General (many free):
  Google Scholar | Google
  LexisOne Legal Website Directory
  Crimelynx $ (criminal law/ 4th Amd) $ (4th Amd) $
  F.R.Crim.P. 41

  FBI Domestic Investigations and Operations Guide (2008) (pdf)
  DEA Agents Manual (2002) (download)
  DOJ Computer Search Manual (2009) (pdf)

  Congressional Research Service:
    Electronic Communications Privacy Act (2012)
    Overview of the Electronic Communications Privacy Act (2012)
    Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
    Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
    Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012)

  ACLU on privacy
  Privacy Foundation
  Electronic Privacy Information Center
  Criminal Appeal (post-conviction) (9th Cir.)
  Section 1983 Blog

"If it was easy, everybody would be doing it. It isn't, and they don't."

"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud

"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced."
Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).

"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."
Mapp v. Ohio, 367 U.S. 643, 659 (1961).

Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment.
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).

"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today."
Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).

"The great end, for which men entered into society, was to secure their property."
Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment."
United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)

"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth."
Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).

"A search is a search, even if it happens to disclose nothing but the bottom of a turntable."
Arizona v. Hicks, 480 U.S. 321, 325 (1987)

"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."
Katz v. United States, 389 U.S. 347, 351 (1967)

“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”
United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.”
United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

"You can't always get what you want / But if you try sometimes / You just might find / You get what you need."
—Mick Jagger & Keith Richards

"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
Martin Niemöller (1945) [he served seven years in a concentration camp]

“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”
Pepé Le Pew

"There is never enough time, unless you are serving it."
Malcolm Forbes

"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."
Johnson v. United States, 333 U.S. 10, 13-14 (1948)


XML Feeds

What is RSS?

Who's Online?

  • nakreinia Email
  • alobabera Email
  • himbdyday Email
  • jolosizezef Email
  • wearsehem Email
  • illilmbiostus Email
  • emunlinuifofs Email
  • repflielt Email
  • gopiestinee Email
  • noistnoxolo Email
  • shourryhego Email
  • abileachali Email
  • ketitesetug Email
  • excexycheetry Email
  • spisyfoes Email
  • chaphsiperype Email
  • gypeplaipiz Email
  • hyncassinny Email
  • vemaddidgetat Email
  • deannydwerm Email
  • cyperewly Email
  • essexisalaync Email
  • exitiettwesee Email
  • carpinteyropgh Email
  • scargaice Email
  • iteptinenna Email
  • aerothshiesse Email
  • shodiaded85 Email
  • mariyixe Email
  • boypepelelync Email
  • slepleentaiff Email
  • fuhintoneetef Email
  • oppopezed Email
  • word99ozltg Email
  • comeensuche Email
  • Guest Users: 148

powered by