FOREIGN AFFAIRS
A Brooklyn federal judge has ruled that a city lawsuit against 15 out-of-state gun retailers, accusing them of helping illegal weapons proliferate in New York City, will go to trial next January. The New York Law Journal has the story. In a 100-page decision, U.S. Eastern District Judge Jack B. Weinstein wrote in City of New York v. A-1 Jewelry and Pawn that the city had a case because of “allegations that there have been crimes committed in New York with the defendants' guns; that there are a significant number of traces linked to criminal investigations in New York that are attributable to the defendants' conduct; and that defendants’ distribution practices have a substantial effect on crime in New York.” The defendants said their staffs followed all state and federal laws, and that "they had no reason to expect that their sales of handguns outside of New York would produce lethal consequences in New York.”

 
SHUSH! WE'RE SEARCHING YOU 
In federal court in White Plains yesterday, American Civil Liberties Union attorneys faced off against prosecutors in a battle over whether the part of the U.S. Patriot Act that allows for national security letters, or NSLs is in violation of the First Amendment. The quarrel is over two main features of NSLs: first, they allow the FBI to subpoena records without a court order, and forbids the recipient of the subpoena from telling anyone about it. Newsday has the details. In 2004, Southern District Judge Victor Marrero ruled such requests are unreasonable search and seizure and violate the Constitution. Marrero is now hearing the matter for a second time after the 2nd U.S. Circuit Court of Appeals returned the case after Congress tweaked the law. “We do think it's a classic prior restraint because it conditions speech on the permission of executive officers,” said ACLU attorney Jameel Jaffer. Countered Assistant U.S. Attorney Jeffrey S. Oestericher: “We're talking about information someone learns as part of a confidential government investigation.”

 
CRYING FOUL
The former NBA referee enmeshed in a gambling scandal made an appearance in Brooklyn federal court yesterday, where he pleaded guilty to betting on games and was released on a $250,000 bond. After surrendering to federal authorities, The New York Times reports, Tim Donaghy sneaked in the back door of the courthouse, avoiding reporters, and spoke in depth about his crimes before U.S. Eastern District Judge Carol B. Amon. His attorney ducked questions as to whether Donaghy had made a deal with prosecutors in return for naming names. “I cannot speak to any cooperation,” said John F. Lauro. “Because it is an ongoing matter, I cannot comment on the substance of the case.”

 
ASTOR & FAMILY
And finally, the Times also weighs in on legal papers filed by the court-appointed guardians of recently deceased socialite Brooke Astor, who want the will she signed in 2002, awarding the bulk of her fortune to her son, Anthony D. Marshall, tossed out. Marshall’s son has accused him of neglecting his mother while enriching himself with her money.