A Government with Too Much Power

In United States v. Maloney, border agents stopped a guy who was driving a big rig, and uncovered 112 sealed packages of marijuana weighing north of 320 lbs. The defendant claimed he had been set up. In the government's rebuttal closing, the assistant United States attorney told the jury a number of reasons why it shouldn't believe the defendant's story. The thing is, he sandbagged defense counsel by referring to facts that were never entered into evidence.

The defense lawyer objected, but the trial judge shrugged it off, saying it was up to the jury to determine the facts.

This video is the Ninth Circuit's hearing of the case en banc. It's quite a smackdown.

[The video includes the entire oral argument. See Above the Law for selected highlights.]

Oral ArgumentSmythe PC