The ruling has been put on hold. But there already is a ripple effect. Just the other day in Miami, a federal judge ruled that three guys in a drug case, who had flipped, couldn't testify against a fourth. They adjust their testimony. Their interviews with prosecutors and federal agents are not recorded.
Defense lawyers have little chance to explore whether they are lying.
Cohen said that Florida's state courts give a defendant a better chance to explore the motives of a flipped witness. Florida allows defendants to interview witnesses before the trial. I talked to Bernie McCabe, the state attorney for Pinellas and Pasco counties. He said he doubted these federal cases would affect state court, since they dealt only with federal laws. McCabe said that using flipped defendants isn't exactly his favorite method.