Kaley v. United States (12-464)
argument 12-464Kaley v. United States
Supreme Court of the United States
59 min
5 speakers
8 chapters
transcribed 6 days ago
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What constitutional issue does the Court address regarding restraint of a defendant’s property?
We'll hear argument next this morning in case twelve four four four four four four sixty four, Cayley versus United States. Mr. Srebnik.
Thank you, Mr. Chief Justice, and may it please the court. When the government restrains private property The owner of that property has the right to be heard. At a meaningful time. and in a meaningful manner. For a criminal defendant? who's facing a criminal trial. Whose property has been restrained. That time is now before the criminal trial. so that he or she can use those assets, that property, to retain and exercise council of choice.
I find it hard to think that that of property is any More sacrosanct than the the right to freedom of the person. And we allow a grand jury indictment. Without without a separate mini trial. to justify the uh arrest. And and uh And holding of of of the individual. And if he if he doesn't have bail? He's permanently in jail until the trial is over. And we allow all of that just on the basis of a grand jury indictment. And you're telling us it's okay for that may maybe you think it's not okay for that. But I think you're saying it's okay for that, but it's not okay for Um Destraining his property. I I find it hard to to Think that it's okay for the one and not okay for the other.
Justice Scalia, it's not okay for either. Ah, okay. This is a bigger
case than I thought.
The right to be released on bail. That is the right not to be detained all the way until trial under this court's precedent in United States versus Salerno. The court provided Procedural safeguards to ensure that before someone is held all the way until trial They would have a hearing. A hearing which would include a right to challenge The weight of the evidence and other factors. We ask for something no different. Indeed, the indictment itself can justify the detention of the body and the detention of the asset until such time.
Well that's pre uh uh I'm sorry, that's pretrial detention without bail. I thought Justice Scalia's question had to do with detaining someone who was indicted but couldn't make bail.
Every person is limited by their own financial wherewithal. And so long as bail is set not as an excessive bail,
How does the Bail Reform Act and United States v. Salerno shape the right to be released on bail?
He or she must rely on the assets that he or she owns.
But why in that situation would the defendant not have the constitutional right to have a determination by a judge as to whether there was probable cause. In the context of a bail hearing,
A judge does make that determination.
Does it um there are several factors that are taken into account. One of them is weight of the evidence. Are you equating those two things? Probable cause to believe that the defendant committed the offence and weight of the evidence as one of several factors to take account of in the bail determination.
Yes we are, Justice Ginsburg. In the United States versus Salerno, this court upheld pre trial detention. Because there were procedural safeguards. A right to be heard. shortly after the arrest. In the context of the restraint of assets as it stands now in the eleventh circuit, there is no right to be heard at any time until we have a lot of the other. I thought your
answer might have been that uh yes, in fact the property is entitled to greater protection because it is going to be used to uh higher counsel that will keep the person out of jail long term even if he can be put in jail pending the trial.
Mr Chief Justice, we've certainly made that argument in our brief. Some might find it More important to have those assets to retain Council of Choice. And having their liberty deprived temporarily. In either case, The right to be heard. should include the right to be heard By a judge. A judge who would have the authority to provide relief.
Uh the person has no other assets where all of his assets are seized so that he can't He can't hire counsel. Suppose uh only half of his assets are uh determined to or or asserted by the government to have been the product of criminal activity. And he has a lot of other money. with which he can hire an attorney. Would is that a different case? And we're not That's not before us here.
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Chapters
8 chapters
1
What constitutional issue does the Court address regarding restraint of a defendant’s property?
0:02–2:55
2
How does the Bail Reform Act and United States v. Salerno shape the right to be released on bail?
2:55–6:46
3
Why do the petitioners argue that a pre‑trial hearing on asset traceability is required?
6:46–11:02
4
What is the significance of the grand‑jury indictment versus a judicial hearing on probable cause?
11:02–17:34
5
How do the various circuit courts handle hearings on asset restraint and what statistics support the petitioners’ position?
17:34–24:39
6
What arguments are made about the government’s burden to prove traceability and the defendant’s right to counsel of choice?
24:39–34:07
7
How would the Court’s decision affect forfeiture, restitution, and the use of restrained assets for legal fees?
34:07–46:17
8
What are the final requests of the petitioners and how does the Court conclude the oral argument?
46:17–59:46