Saturday, March 11, 2006


"Due Process" Rights in Bizarroland

Compare and contrast:
Judge Issues Secret Ruling in Case of 2 at Mosque
New York Times, March 11, 2006
A federal judge issued a highly unusual classified ruling yesterday, denying a motion for dismissal of a case against two leaders of an Albany mosque who are accused of laundering money in a federal terrorism sting operation.

Because the ruling was classified, the defense lawyers were barred from reading why the judge decided that way.

On the other hand, if you're a former minion of Deadeye Dick Cheney:
Judge Tries Compromise on Briefs Libby Is Seeking
New York Times, March 11, 2006
WASHINGTON, March 10 — A federal judge ruled on Friday that I. Lewis Libby Jr. was entitled to review a limited amount of information from highly classified intelligence documents in order to defend himself against charges that he lied about his role in disclosing the identity of a C.I.A. operative.

Confronted with a legal issue that has the potential to sabotage the prosecution of Mr. Libby, the judge, Reggie B. Walton, sought a compromise to allow the case to go forward.
Theodore V. Wells Jr., his chief defense lawyer, argued that Mr. Libby needed the President's Daily Briefs to refresh his memory and to add substance to his argument that he was "so focused on urgent national security matters, it is hardly surprising that he would later confuse, forget or misremember" conversations with reporters about Ms. Wilson.
To recap, Scooter Libby's defense team has the right to view documents only marginally releted to his alleged crime - but Yassin Aref's defense team cannot view critical evidence against their client's alleged crimes.


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