Lewis A. Kaplan
Encyclopedia
Lewis A. Kaplan is a United States District Judge for the Southern District of New York
. He took senior status
on February 1, 2011.
Born in Staten Island, New York, Kaplan received an A.B.
from the University of Rochester
in 1966 and a J.D.
from Harvard Law School
in 1969. He served as a law clerk
for Judge Edward McEntee
, U.S. Court of Appeals, First Circuit, from 1969 to 1970. Kaplan was in private practice in New York City
from 1970 to 1994 and was a Special Master, U.S. District Court for the Southern District of New York, from 1982 to 1983.
On May 5, 1994, Kaplan was nominated by President Bill Clinton
to a seat on the United States District Court for the Southern District of New York
vacated by Gerard Louis Goettel
. He was confirmed by the United States Senate
on August 9, 1994, and received his commission on August 10, 1994.
Kaplan presided over the first case where charges against a Guantanamo captives were laid in a civilian court.
On February 9, 2010, Kaplan ordered Ahmed Ghailani's Prosecution to review the record of Ghailani's detention in the CIA's network of black sites.
According to the New York Times any materials that show the decisions “were for a purpose other than national security,” must be turned over to Ghailani's lawyers.
Kaplan denied a motion to dismiss the charges on the grounds that due to Ghailani's long extrajudicial detention he was denied the constitutional right
to a speedy trial
, ruling that his extended incarceration had no adverse impact on Mr. Ghailani’s ability to defend himself. This cleared the way for federal prosecutors to try him for his suspected role in Al Qaeda’s 1998 bombings of embassies in Kenya and Tanzania.
The New York Times reported that Kaplan's ruling could set a precedent for the cases of other Guantanamo captives, who, like Ghailani, are transferred to the civilian justice system. On January 25, 2011, Kaplan sentenced Ghailani to life, and called the attacks "horrific" and saying the deaths and damage they caused far outweighs "any and all considerations that have been advanced on behalf of the defendant." He also ordered Ghailani to pay $33 million as restitution.
Working in New York City, Kaplan had been the judge in a number of federal racketeering cases involving Mafia members. In April 2010, Judge Kaplan was assigned to preside over the cases of 14 Gambino crime family
members arrested on charges, among others, of racketeering, racketeering conspiracy, witness tampering (in the 1992 trial of John Gotti
), and sex trafficking of a minor.
Kaplan has presided over a number of notorious cases at the district level, including Bridgeman Art Library v. Corel Corp.
, Universal v. Reimerdes
, Five Borough Bicycle Club v. The City of New York, and The People v. Ahmed Ghailani.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. He took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on February 1, 2011.
Born in Staten Island, New York, Kaplan received an A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from the University of Rochester
University of Rochester
The University of Rochester is a private, nonsectarian, research university in Rochester, New York, United States. The university grants undergraduate and graduate degrees, including doctoral and professional degrees. The university has six schools and various interdisciplinary programs.The...
in 1966 and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1969. He served as a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for Judge Edward McEntee
Edward McEntee
Edward Matthew McEntee was a Judge of the United States Court of Appeals for the First Circuit.McIntee was born and lived most of his life in Rhode Island. He attended College of the Holy Cross and Boston University School of Law, and served as a member of the Rhode Island House of...
, U.S. Court of Appeals, First Circuit, from 1969 to 1970. Kaplan was in private practice in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
from 1970 to 1994 and was a Special Master, U.S. District Court for the Southern District of New York, from 1982 to 1983.
On May 5, 1994, Kaplan was nominated by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
to a seat on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
vacated by Gerard Louis Goettel
Gerard Louis Goettel
Gerard Louis Goettel is a federal judge for the United States District Court for the Southern District of New York. Judge Goettel received a B.A. from Duke University in 1950 and a J.D. from Columbia Law School in 1955. He acted as a U.S. Magistrate for the court from 1971 to 1976...
. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on August 9, 1994, and received his commission on August 10, 1994.
Kaplan presided over the first case where charges against a Guantanamo captives were laid in a civilian court.
On February 9, 2010, Kaplan ordered Ahmed Ghailani's Prosecution to review the record of Ghailani's detention in the CIA's network of black sites.
According to the New York Times any materials that show the decisions “were for a purpose other than national security,” must be turned over to Ghailani's lawyers.
Kaplan denied a motion to dismiss the charges on the grounds that due to Ghailani's long extrajudicial detention he was denied the constitutional right
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
to a speedy trial
Speedy trial
Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the Sixth Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair...
, ruling that his extended incarceration had no adverse impact on Mr. Ghailani’s ability to defend himself. This cleared the way for federal prosecutors to try him for his suspected role in Al Qaeda’s 1998 bombings of embassies in Kenya and Tanzania.
The New York Times reported that Kaplan's ruling could set a precedent for the cases of other Guantanamo captives, who, like Ghailani, are transferred to the civilian justice system. On January 25, 2011, Kaplan sentenced Ghailani to life, and called the attacks "horrific" and saying the deaths and damage they caused far outweighs "any and all considerations that have been advanced on behalf of the defendant." He also ordered Ghailani to pay $33 million as restitution.
Working in New York City, Kaplan had been the judge in a number of federal racketeering cases involving Mafia members. In April 2010, Judge Kaplan was assigned to preside over the cases of 14 Gambino crime family
Gambino crime family
The Gambino crime family is one of the "Five Families" that dominates organized crime activities in New York City, United States, within the nationwide criminal phenomenon known as the Mafia . The group is named after Carlo Gambino, boss of the family at the time of the McClellan hearings in 1963...
members arrested on charges, among others, of racketeering, racketeering conspiracy, witness tampering (in the 1992 trial of John Gotti
John Gotti
John Joseph Gotti, Jr was an American mobster who became the Boss of the Gambino crime family in New York City. Gotti grew up in poverty. He and his brothers turned to a life of crime at an early age...
), and sex trafficking of a minor.
Kaplan has presided over a number of notorious cases at the district level, including Bridgeman Art Library v. Corel Corp.
Bridgeman Art Library v. Corel Corp.
Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 , was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack...
, Universal v. Reimerdes
Universal v. Reimerdes
Universal City Studios, Inc. v. Reimerdes was the first test of the Digital Millennium Copyright Act , a United States federal law.The plaintiffs, 8 movie studios, successfully sought an injunction against the distribution of DeCSS, a program capable of decrypting content protected using the...
, Five Borough Bicycle Club v. The City of New York, and The People v. Ahmed Ghailani.