Moussaoui judge questions government

[Eugene]

Source: Associated Press

Moussaoui judge questions government

By MATTHEW BARAKAT, Associated Press Writer
2 hours, 38 minutes ago

McLEAN, Va. - A federal judge expressed frustration
Tuesday that the government provided incorrect
information about evidence in the prosecution of Sept.
11 conspirator Zacarias Moussaoui and raised the
possibility of ordering a new trial in another high-
profile terrorism case.

At a post-trial hearing Tuesday for Ali al-Timimi, a
Muslim cleric from Virginia sentenced to life in prison
in 2004 for soliciting treason, U.S. District Judge
Leonie Brinkema said she can no longer trust the CIA
and other government agencies on how they represent
classified evidence in terror cases.

Attorneys for al-Timimi have been seeking access to
documents. They also want to depose government
witnesses to determine whether the government
improperly failed to disclose the existence of
certain evidence.

The prosecutors have asked her to dismiss the
defense request. The government has denied the
allegations but has done so in secret pleadings to
the judge that defense lawyers are not allowed to
see. Even the lead prosecutors in the al-Timimi
case have not had access to the information; they
have relied on the representations of other
government lawyers.

-snip-

Read more: http://news.yahoo.com/s/ap/20071120/ap_on_re_us/terror_paintball

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Last week: CIA erred and had tapes in September 11 conspirator case - Reuters via LBN

[gratuitous]

1. Did we repeal the Sixth Amendment?

I don't remember Congress doing that, but I've been a little busy lately:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

I mean, that "all criminal prosecutions" would seem to include this proceeding, wouldn't it? So why isn't the accused enjoying the right to be confronted with the witnesses against him? Is there some law above the Constitution now?

[TexasLawyer]

2. good question

It looks like every single clause of the Sixth Amendment is being violated.

Good for Judge Brinkema!

U.S. District Judge Leonie Brinkema said she can no longer trust the CIA and other government agencies on how they represent classified evidence in terror cases.