Nicole Hong reports for the WSJ, "Joaquín 'El Chapo' Guzmán, the Mexican drug lord awaiting trial in New York, wants to hire private lawyers. But they may have to join the case without any assurance of getting paid."
Guzmán is presently represented by the federal defender. His potential private lawyers want "blanket, prospective assurance" from the government that the money he uses to pay them won't be forfeited. The government, unsurprisingly, said "fuggedaboudit," or something to that effect.
See this post from last year on the Supreme Court's fractured decision in Luis v. United States and Dean Mazzone's article that I linked to yesterday. Continuing with the WSJ article:
As for the right to a fair trial, is every trial in which the defendant is represented by a public defender inherently unfair? I don't think so.
Guzmán is presently represented by the federal defender. His potential private lawyers want "blanket, prospective assurance" from the government that the money he uses to pay them won't be forfeited. The government, unsurprisingly, said "fuggedaboudit," or something to that effect.
See this post from last year on the Supreme Court's fractured decision in Luis v. United States and Dean Mazzone's article that I linked to yesterday. Continuing with the WSJ article:
Mr. Guzmán wants to hire a team led by Jeffrey Lichtman, most well-known for securing an acquittal for John A. Gotti, son of the notorious mob boss. The team also includes A. Eduardo Balarezo, William Purpura and Marc Fernich, all of whom have had experience defending mobsters or drug traffickers.Um, yes, this is still America, but a defendant does not have, and never has had in this country, a choice of counsel he does not have the money to pay for. Indigent defendants get the counsel they are appointed. Is the rule any different for a defendant who has money obtained illegally and forfeitable to the government? No, but tracing the money can get complicated.* * *"This is still America. The man deserves not only his choice of counsel, but he deserves a fair trial," Mr. Lichtman said.
As for the right to a fair trial, is every trial in which the defendant is represented by a public defender inherently unfair? I don't think so.
"blood money" might be an even better descriptor.