The "I Didn't Know I Was A Felon" Defense: Over at Volokh Conspiracy, Eugene Volokh has a post on the Eastern District of Pennsylvania's decision in U.S. v. Kitsch. The decision holds that Kitsch could only be guilty of violating a federal law that prohibits firearm ownership by felons, 18 U.S.C. § 922(g)(1), if Kitsch knowingly possessed a gun knowing that he was a felon. According to the district court, Kitsch pleaded guilty to the New Jersey state offense of third-degree arson, a felony under New Jersey law, after law enforcement officials told him they would set aside the conviction. Kitsch served a 30 day sentence and then continued as if nothing had happened until he was charged with violating 18 U.S.C. § 922(g)(1). According to Volokh, the district court's decision relies on the general presumption against reading strict liability into gun laws. The district court relied on language in D.C. v. Heller, to justify its reasoning that "A statute that imposes criminal penalties for the exercise of an enumerated constitutional right despite defendant's reasonable belief in good faith that he has complied with the law must, at the very least, raise constitutional doubts." This is interesting given that a purpose of 18 U.S.C. § 922(g)(1) is to keep dangerous individuals -e.g. those willing to set fires to buildings - from owning guns, and the fact that Heller did say "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill." Kitsch's trial has yet to take place.

Hamdan and Hollywood: Dan Slater posts at Wall Street Journal Blog that George Clooney's production company has bought the rights to a book about Salim Hamdan, and that George Clooney is interested in playing Hamdan's attorney Lt. Commander Charles Swift. Both today's Wall Street Journal and NPR's coverage attribute part of Hamdan's verdict to his pleasant courtroom demeanor. Given Clooney's political leanings, chances are slim his movie will be favorable to the military commission process.