April 7, 2009 / by emptywheel

 

Pre-Coffee Deep Thought

If Emmett Sullivan, the judge that is considering vacating Toobz Stevens’ conviction because the government withheld critical information also demands the government free Aymen Saeed Batarfi, a Gitmo detainee from whom the government withheld exonerating information…

"To hide relevant and exculpatory evidence from counsel and from the court under any circumstances, particularly here where there is no other means to discover this information and where the stakes are so very high . . . is fundamentally unjust, outrageous and will not be tolerated," Sullivan said, according to a transcript of the hearing.

"How can this court have any confidence whatsoever in the United States government to comply with its obligations and to be truthful to the court?"

[snip]

"The sanction is going to be high," he said. "I’ll tell you quite frankly if I have to start incarcerating people to get my point across I’m going to start at the top."

…Does that mean Sarah Palin will call for a special election to let Batarfi run for elected office? Or, at the very least, will Palin allow Batarfi to settle in Alaska, since Palin is so convinced that prosecutorial misconduct equates to innocence on the part of the accused?  

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Originally Posted @ https://www.emptywheel.net/2009/04/07/pre-coffee-deep-thought/