Chris Bray: Thoroughly Reframed: The First Circuit Cuts Through the Haze
A panel of judges from the First Circuit heard arguments today -- listen to them here -- in the pair of appeals filed by Belfast Project researchers Ed Moloney and Anthony McIntyre. But first there was a long wait, as the judges heard a challenge to the Defense of Marriage Act in a courtroom that had no open public seats. So everyone filing in for the arguments over the Boston College archival material stood around in a remarkably pleasant seventh-floor hallway, where the federal judiciary should open a bed and breakfast to take advantage of the awesome waterfront views.
Then the DoMA case ended, the courtroom emptied, and the people in the hallway filed in for the Belfast Project hearing. The result of that repopulation of an empty courtroom was clear enough. At one point, a judge asked a question that, as legal blogger Ted Folkman wrote shortly after the hearing, "sparked some laughter from the side of the courtroom where the Moloney & McIntyre partisans were sitting."
Like guests at a wedding, observers at the hearing lined up behind their sides: a team of lawyers from the U.S. Attorney's Office watched from the public seats on the center-right behind their colleague arguing the case, while (for example) the lawyers who wrote the ACLUM's amicus brief lined up on the left behind Eamon Dornan, the lawyer arguing on behalf of Moloney and McIntyre. Ed Moloney and Carrie Twomey, Anthony McIntyre's wife, sat up front on the left, behind Dornan.
Two lawyers attended as observers for Boston College: Associate Counsel Nora Field, and Jeffrey Swope, the outside lawyer the university hired to contestulate(*) the Belfast Project subpoenas.
Field and Swope? They sat to the right of the government lawyers.