So says a magistrate judge. As you may recall, the defendants invoked the WTO Gambling decision as a defense against their prosecution for various gambling related crimes. Some excerpts from the ruling:
As an initial matter, the defendants do not have standing to raise alleged violations of the GATS or the rulings of any WTO body. “However, ‘WTO decisions are not binding on the United States, much less this court’”.
...
Defendants have no standing to raise the argument that the instant prosecution is prohibited by the GATS. Even if they did, based on the enabling legislation, as set out above, their arguments are without merit and their Motions to Dismiss on that ground should be denied.
...
... the Charming Betsy canon has no application to United States statutes concerning the GATS and its dispute resolution process.
...
The defendants rely on the GATS treaty and the rulings of the WTO Appellate Body as a defense to the charges. This treaty does not create private or individual rights. It does not directly impact domestic law. The defendants have no standing under the GATS to challenge this prosecution. The federal statutes authorizing the Uruguay Round Agreements preclude reference to the GATS, WTO panel reports or appellate body rulings in determining the legality, application and scope of United States statutes. The defendants’ various Motions to Dismiss the Superseding Indictment on the ground that the instant prosecution constitutes a violation of United States treaty obligations should be denied.
Not a particularly surprising result, but fun to see it argued nonetheless.
