Monday, January 12, 2009

Madoff Magistrate's Order of Today

Downloaded in segments of five pages. As a lawyer practicing in federal courts, here are my comments:

(1) This Opinion and Order is written by a "magistrate," not the judge in charge of the case. Magistrates, although often brilliant, are not of the stature of federal judges, although their technical title is "magistrate-judge" or "judge-magistrate."So any attacks by commentators critical of the trial judge are misplaced.
(2) The government lawyers were legally flawed in filing their motion, as they utterly failed in the legal requirements, as this document well-spells out.
(3) The opinion is well-written and clear.





















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