Audio of this morning’s en banc argument in USA v. Katzin is up already, here. Katzin is a high-profile Fourth Amendment case. The specific issue at argument was application of the good-faith exception to warrantless vehicle placement of a GPS, a search not covered by binding precedent. My argument preview is here. Lead EDPA appellate AUSA Robert Zauzmer seems likely to extend his impressive en banc win streak; in my opinion he’s one of the top oral advocates regularly appearing in CA3.
Chief Judge McKee offered a characteristic practice pointer, commending Zauzmer for admitting that he was seeking a slight extension of a particular case, noting “lesser advocates would not have done this.”
Catherine Crump argued for the defendant (starting at 27:50 in the audio). At the close of argument, McKee described her argument as “phenomenal.”
For more, early AP news coverage here.
It should be noted that Catherine Crump argued on behalf of all defendants, in lieu of their CJA counsel. She is a member of the ACLU’s national Privacy and Technology legal staff, based in New York. At the panel stage, she was principal author of the ACLU-NACDL amicus brief, and received permission to present a short oral argument as amicus at that stage.
Her command of the law was dazzling.