This year’s weekend seminar began on Saturday, April 21, and stretched through Sunday. There were 10 credit hours offered for attorneys who attended the entire event. The presenters are not average attorneys as many have a military background, and all are experts in their respective subject matter.

On day one, Justice Barry Kamins, former administrative judge for the Kings County Supreme Court, Civil Term, covered general criminal law topics; Justice Jeffrey Sunshine, supervising judge of the Kings County Matrimonial Court, presented on matrimonial law; Justice Joseph Maltese presented on evidence; Justice John Ingram presented on admiralty law; and U.S. District Court Judge Brian Cogan, of the Eastern District of New York, discussed terrorism trials that take place in his court.

During Cogan’s discussion, he examined some of the recent terrorism trials that have come to his court including the case of Ibrahim Suleiman Adnan Adam Harun, who was convicted in February 2018 on charges of murder, conspiracy to bomb a government facility and providing material support to a terrorist organization.

Cogan used that trial and others to discuss why the U.S. tries terrorists in Brooklyn instead of by a military commission at Guantanamo Bay.

“The last administration made the determination that we do not like military commissions and therefore we’re going to treat him like an ordinary criminal and that’s what we prosecute him for,” Cogan said. “At the first conference at the case, I asked the U.S. Attorney why not send him to Gitmo? The attorney said to me, ‘Judge, it’s the executive prerogative to deal with these people and we’re dealing with him in front of you.’”

The judge explained that part of trying them in Brooklyn involves trying Al-Qaeda terrorists as “unlawful combatants” rather than “enemy combatants”. The difference is that an unlawful combatant is not commanded by a person responsible for their subordinates, does not wear an identifiable emblem or uniform, does not carry their arms openly and does not conduct operations in accordance to laws and customs of war.

“We don’t really worry about reciprocity as to Al-Qaeda because they’re going to treat us brutally in any event,” said Judge Cogan, who pointed out that he neither supports or condones the U.S. Government’s positions, but merely enforces the law.

Afterward the judge pointed out that the case of Ibrahim Suleiman Adnan Adam Harun took five years from start to finish. He pointed out reasons why the trial took so long, including the need to have his law clerks receive proper clearance — the same level as the president — to examine evidence.

“If you want help from your law clerks, they’ve got to get that clearance,” said Cogan. “That takes months and I get two new law clerks every year. I went through three or four different sets of law clerks during that trial.”

When he wrapped up, Cogan didn’t make a determination as to whether or not these types of trials are appropriately held in Brooklyn. He merely pointed out that even one trial was a huge effort on behalf of the court.

“Is it effective [to hold trials in Brooklyn]?” Cogan asked. “They’re both [either Brooklyn federal court or Guantanamo Bay] are going to result in convictions so it’s a question of which is going to be more efficient in getting convictions. I only know one side. I only know my side, which was just an enormous undertaking.”

On the second day, professor Burt Lipshie presented on civil practice; Justice Frank Seddio, a former surrogate court judge, presented on estate practice and wills; attorney Pooja Kothari covered diversity and attorney Pery Krinsky wrapped up the weekend with a discussion on ethics.

The session used to be an annual event, but organizers said that it was too tough to organize every year so they switched it to an every-other-year format which has boosted attendance for the weekend.

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