Legal Doc: Consent Motion To Add Additional Amici

Filed Sept. 29, 2004

ORAL ARGUMENT SCHEDULED FOR JANUARY l3, 2005
UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES OF AMERICA,
Appellee
v.
JONATHAN JAY POLLARD,
Appellant
No. 03-3145
Consolidated with Nos. 01-3103 & 01-3127
CONSENT MOTION TO ADD ADDITIONAL AMICI

The National Association of Criminal Defense Lawyers and fourteen individuals hereby move for leave to join, as additional amici curiae, the amicus brief being filed today by the American Civil Liberties Union of the National Capital Area and the American Association of Jewish Lawyers and Jurists. All parties graciously have consented to the granting of this motion.

The American Civil Liberties Union of the National Capital Area and the American Association of Jewish Lawyers and Jurists had previously filed, with the consent of all parties, a timely notice of intention to participate in this appeal as amici curiae supporting the appellant. The addition of the movants as an additional amici will not delay the briefing or argument of this case, nor will it cause the amicus brief to exceed the 7,000-word limit provided by Circuit Rule 29(d).

* * *

The statements of interest of the additional amici are as follows:

The National Association of Criminal Defense Lawyers (NACDL) is the preeminent organization in the United States advancing the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct. A professional bar association founded in 1958, NACDL's more than 11,000 direct members - and 82 state, local, and international affiliate organizations with another 28,000 members - include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors and judges committed to preserving fairness within America's criminal justice system. As an organization of criminal defense attorneys, many of whom regularly practice in the federal courts, NACDL brings to this Court an important perspective on the obligations of defense counsel, the prosecution, and the courts in federal post-conviction proceedings.

The individual amici are fourteen law professors and other distinguished individuals from around the country who have an interest in the fair administration of justice, the principled interpretation of law, and the protection of rights guaranteed by the Constitution.*

They are representative of a larger number of academics and practitioners concerned with the manner in which the government has treated the defendant here.

* * *

Pursuant to Circuit Rule 28(b), this consent motion may be granted by the Clerk.

Respectfully submitted,

G. Brian Busey (D.C. Bar 366760)
Morrison & Foerster LLP
2000 Pennsylvania Ave., NW
Suite 5500
Washington, DC 20006

Counsel for Amici Curiae

* The individual amici are:

Robert Abrams

, Former Attorney General, State of New York;

Anthony D'Amato

, Professor of Law, Northwestern University;

Robert Drinan

, Professor of Law, Georgetown University;

Monroe Freedman

, Professor of Law, Hofstra University;

Howard Glickstein

, Dean and Professor of Law, Touro College;

Malvina Halberstam

, Professor of Law, Benjamin N. Cardozo School of Law;

Theodore Hesburgh

, Past President, Notre Dame University;

Laurence Katz

,Professor of Law and Dean Emeritus, University of Baltimore;

Robert Lande

, Professor of Law, University of Baltimore;

Kenneth Lasson

, Professor of Law, University of Baltimore;

George Leighton

, Retired United States District Judge;

Charles Rice

, Professor of Law, Notre Dame University;

Anthony D. Weiner

, Member of Congress; and

Stephen Wizner

, Professor of Law, Yale University.

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing CONSENT MOTION TO ADD ADDITIONAL AMICI have been served upon the following counsel by first class mail, postage pre-paid, this 29th day of September, 2004:

Eliot Lauer, Esq.
CURTIS, MALLET-PREVOST, COLT & MOSLE LLP
1200 New Hampshire Avenue, N.W., Suite 430
Washington, D.C. 20036

Jacques Semmelman, Esq.
CURTIS, MALLET-PREVOST, COLT & MOSLE LLP
101 Park Avenue
New York, New York 10178-0061

and

David Goodhand, Esq.
Assistant United States Attorney
Appellate Division, Room 8104
555 4th Street, NW
Washington, DC 20530

(signed)
Alexandra Steinberg Barrage