https://www.baltimoresun.com/2024/06/18/city-asks-to-block-dali-crew-members-from-leaving-united-states-as-soon-as-thursday/?lctg=944A34AF55F3A4C5F5A074E8A7&utm_email=944A34AF55F3A4C5F5A074E8A7&utm_source=newsletter&utm_medium=email&utm_term=https%3a%2f%2fwww.baltimoresun.com%2f2024%2f06%2f18%2fcity-asks-to-block-dali-crew-members-from-leaving-united-states-as-soon-as-thursday%2f&utm_campaign=Breaking-News-Alerts&utm_content=alert
The city of Baltimore is asking a federal judge to block crew members of
the cargo ship that toppled the Francis Scott Key Bridge from leaving
the United States as soon as Thursday, according to new court filings.
The city learned Tuesday from lawyers for the ship’s owner that eight >members of the crew would likely leave for their home countries “on or >about June 20,” the filings state.
The city and another party with claims against the ship’s owner filed >petitions late Tuesday afternoon seeking an emergency court hearing so a >judge could hear the issue.
-- END QUOTE but more later.
Baltimore has had over 2 months to interview and depose these people.
What are they waiting for? Because all the lawsuits are not filed yet,
so the opposing lawyers have not been chosen, so they were not present
at the depositions??? I thought they didnt' have to be. Surely the
possible defendants know how they are, and they could be deposing the
same people.
Otherwise are they expected to stay here doing almost nothing until our >notoriously slow court system gets around to the trial prep or the
trials?
Does preventing them from leaving mean their employer will continue to
pay them? These people are foreign nationals who are away from home
for months at a time, granted, but what if they want to go home or
somewhere?
"“The crew consists entirely of foreign nationals who, of course, have >critical knowledge and information about the events giving rise to this >litigation,” wrote Adam J. Levitt, one of the lawyers for the city. “If >they are permitted to leave the United States, Claimants may never have
the opportunity to question or depose them.”"
What about last month? Most of them probably know nothing, or the
same thing every other crew memmber knows.
"The email also advised that the U.S. Coast Guard had given permission
for some crew members to return to their home countries but also asked
that others stay in the country. The email lists eight crew members who
would be allowed to return home.
Those crew members have been interviewed by the U.S. Department of
Justice, according to the email, which did not object to their
departure. The FBI boarded the ship in April as part of an investigation
into the bridge collapse. The crew also has obtained criminal counsel,
New York attorney Owen Duffy, who said he would advise the crew to
invoke their right against self-incrimination in depositions, according
to the email.....
The ship owner’s lawyers also wrote that they asked the Coast Guard to
help obtain “temporary parole from CBP,” seemingly a reference to
Customs and Border Protection, to allow crew members to briefly remain
in the United States. The request was denied, so the crew members
leaving the country will be taken directly from the Dali to the airport, >according to the email."
Has the US suspended Habeas Corpus ? Again ?
Unless they've been arrested for a crime (which does not appear to be the >case), it's hard to imagine how any judge could prevent them from traveling, >including to their native country. The article seems to acknowledge this >with the statement:
"The order does not block the crew from traveling, but requires the U.S. >government and the ship’s lawyers to make every effort to keep the crew >present through Thursday’s hearing...Bredar wrote in his order that it was >not immediately clear whether he has the authority to halt the crew’s >travel."
Unless they've been arrested for a crime (which does not appear to be
the case), it's hard to imagine how any judge could prevent them from traveling, including to their native country. The article seems to acknowledge this with the statement:
"The order does not block the crew from traveling, but requires the U.S. government and the ship’s lawyers to make every effort to keep the crew present through Thursday’s hearing...Bredar wrote in his order that it
was not immediately clear whether he has the authority to halt the
crew’s travel."
It seems clear to me that he does not have the authority to halt any crewmember's travel if they are not under arrest and haven't even been accused of any crime.
It seems clear to me that he does not have the authority to halt any crewmember's travel if they are not under arrest and haven't even been accused of any crime.
On Wed, 19 Jun 2024 11:15:05 -0700 (PDT), Rick wrote:
It seems clear to me that he does not have the authority to halt any
crewmember's travel if they are not under arrest and haven't even been
accused of any crime.
Wouldn't they be material witnesses, at least potentially? If I'm not >mistaken, material witnesses can have their liberty to travel
curtailed, temporarily.
On 6/19/2024 11:15 AM, Rick wrote:
Unless they've been arrested for a crime (which does not appear to be
the case), it's hard to imagine how any judge could prevent them from
traveling, including to their native country. The article seems to
acknowledge this with the statement:
"The order does not block the crew from traveling, but requires the
U.S. government and the ship’s lawyers to make every effort to keep
the crew present through Thursday’s hearing...Bredar wrote in his
order that it was not immediately clear whether he has the authority
to halt the crew’s travel."
It seems clear to me that he does not have the authority to halt any
crewmember's travel if they are not under arrest and haven't even
been accused of any crime.
I'm inclined to agree with Rick, but that leaves me wondering: what do
you do about witnesses that have been served with a subpoena who then
leave the country. There is, ISTM, no way to enforce the subpoena
unless they choose to reenter the US.
"micky" wrote in message news:ct547jl2qrg4aq2edr64o1dug73a0f7uq7@4ax.com... >> >>https://www.baltimoresun.com/2024/06/18/city-asks-to-block-dali-crew-members-from-leaving-united-states-as-soon-as-thursday/?lctg=944A34AF55F3A4C5F5A074E8A7&utm_email=944A34AF55F3A4C5F5A074E8A7&utm_source=newsletter&utm_medium=email&utm_term=https%3a%2f%2fwww.baltimoresun.com%2f2024%2f06%2f18%2fcity-asks-to-block-dali-crew-members-from-leaving-united-states-as-soon-as-thursday%2f&utm_campaign=Breaking-News-Alerts&utm_content=alert
The city of Baltimore is asking a federal judge to block crew members of >>the cargo ship that toppled the Francis Scott Key Bridge from leaving
the United States as soon as Thursday, according to new court filings.
The city learned Tuesday from lawyers for the ship’s owner that eight >>members of the crew would likely leave for their home countries “on or >>about June 20,” the filings state.
The city and another party with claims against the ship’s owner filed >>petitions late Tuesday afternoon seeking an emergency court hearing so a >>judge could hear the issue.
-- END QUOTE but more later.
Baltimore has had over 2 months to interview and depose these people.
What are they waiting for? Because all the lawsuits are not filed yet,
so the opposing lawyers have not been chosen, so they were not present
at the depositions??? I thought they didnt' have to be. Surely the >>possible defendants know how they are, and they could be deposing the
same people.
Otherwise are they expected to stay here doing almost nothing until our >>notoriously slow court system gets around to the trial prep or the
trials?
Does preventing them from leaving mean their employer will continue to
pay them? These people are foreign nationals who are away from home
for months at a time, granted, but what if they want to go home or >>somewhere?
"“The crew consists entirely of foreign nationals who, of course, have >>critical knowledge and information about the events giving rise to this >>litigation,” wrote Adam J. Levitt, one of the lawyers for the city. “If >>they are permitted to leave the United States, Claimants may never have
the opportunity to question or depose them.”"
What about last month? Most of them probably know nothing, or the >>same thing every other crew memmber knows.
"The email also advised that the U.S. Coast Guard had given permission
for some crew members to return to their home countries but also asked
that others stay in the country. The email lists eight crew members who >>would be allowed to return home.
Those crew members have been interviewed by the U.S. Department of
Justice, according to the email, which did not object to their
departure. The FBI boarded the ship in April as part of an investigation >>into the bridge collapse. The crew also has obtained criminal counsel,
New York attorney Owen Duffy, who said he would advise the crew to
invoke their right against self-incrimination in depositions, according
to the email.....
The ship owner’s lawyers also wrote that they asked the Coast Guard to
help obtain “temporary parole from CBP,” seemingly a reference to
Customs and Border Protection, to allow crew members to briefly remain
in the United States. The request was denied, so the crew members
leaving the country will be taken directly from the Dali to the airport, >>according to the email."
Unless they've been arrested for a crime (which does not appear to be the >case), it's hard to imagine how any judge could prevent them from traveling, >including to their native country. The article seems to acknowledge this >with the statement:
"The order does not block the crew from traveling, but requires the U.S. >government and the ship’s lawyers to make every effort to keep the crew >present through Thursday’s hearing...Bredar wrote in his order that it was >not immediately clear whether he has the authority to halt the crew’s >travel."
It seems clear to me that he does not have the authority to halt any >crewmember's travel if they are not under arrest and haven't even been >accused of any crime.
| Sysop: | Keyop |
|---|---|
| Location: | Huddersfield, West Yorkshire, UK |
| Users: | 360 |
| Nodes: | 16 (2 / 14) |
| Uptime: | 136:37:21 |
| Calls: | 7,686 |
| Files: | 12,831 |
| Messages: | 5,711,624 |