The Cato Institute, ACLU of San Diego, Electronic Frontier Foundation, First Amendment Coalition, and Brechner First Amendment Project at University of Florida filed a joint amicus brief in his support wanting the court to reverse a decision from a San Diego federal judge who found Mr. Chaker violated probation by posting a blog about Nevada Attorney General Investigator Leesa Fazal, of Las Vegas. A compelling opening brief was filed by Federal Defenders of San Diego Inc.
The amicus brief was authored by the Washington D.C. office of Wilmer Cutler Pickering Hale and Dorr, who is consistently ranked as an international top 20 law firm. See opinion, Darren-Chaker-Appeal, where the Ninth Circuit found absolutely no harassment or defamation took place.
Ms. Fazal complained to the FBI, the Nevada Attorney General, and Las Vegas Metropolitan Police Department and no one arrested or questioned Mr. Chaker.
The Las Vegas Metro Police report stated, in relevant part, “All the evidence was reviewed and does not rise to the level of criminal harassment.”
15:33 Judge Kozinski to AUSA “she [sentencing judge] did say I am not going to limit your [Chaker’s] First Amendment rights?” AUSA, “that’s correct your honor”;
20:08 Judge Kozinski told the AUSA to go back to her office and watch oral argument with her colleagues to be "properly embarrassed";
23:16 Judge Kozinski to ASUA - “You managed to bamboozle…I mean the United States, managed to fool the district judge imposing the condition…”;
26:31 Judge Kozinski, “It’s okay for the district court to say obey all laws...but this is not at all limited to criminal conduct…this is conduct that is not illegal…agree this is conduct that is not illegal?", reluctantly AUSA said "agreed that the condition reached conduct that is not illegal."
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