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Judge Unexpectedly Halts Moussaoui Trial (May dismiss the case)
AP via Yahoo News ^ | 3/13/06 | Michael J. Sniffen, AP writer

Posted on 03/13/2006 10:30:42 AM PST by Wolfstar

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To: Wolfstar

I can live with Moussaoui getting life in prison. BUT, only if Carla Martin receives the death penalty.


121 posted on 03/13/2006 8:42:58 PM PST by Calpernia (Breederville.com)
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To: americaprd; ovrtaxt; vadkins

Seems there is a conspiracy in that Able Danger discovery.


122 posted on 03/13/2006 8:47:01 PM PST by Calpernia (Breederville.com)
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To: Former Military Chick

Tx Former, we "old timers" have to stick together.


123 posted on 03/13/2006 9:02:31 PM PST by Williams
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To: Calpernia

Very interesting. Thanks for the ping.


124 posted on 03/13/2006 9:09:02 PM PST by americaprd
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To: Wolfstar
Moussaoui Motion to Dismiss the Death Notice ...
http://notablecases.vaed.uscourts.gov/1:01-cr-00455/docs/71839/0.pdf

Government's Opposition to Defendant's Motion ...
http://notablecases.vaed.uscourts.gov/1:01-cr-00455/docs/71842/0.pdf

Text of e-mails from Carla Martin, Senior Trial Attorney for TSA...
http://www.scotusblog.com/movabletype/archives/moussaouifiles.pdf

http://www.scotusblog.com/movabletype/archives/2006/03/moussaoui_lawye.html

Are there FReepers who are also lawyers, and who might be able to shed some light on the legal ramifications of this mess?

Click on the scotusblog link for a fair summary. Still unfolding.


Carla Martin's name comes up in the case of Dr Kamyar Kalantar v. Lufthansa German Airlines.
http://www.dcd.uscourts.gov/01-644a.pdf

... Counsel stated that Carla Martin, an FAA "department head," in a telephone conversation told him that, in similar circumstances, the FAA had consented to the disclosure of a security directive to counsel for a party in litigation. Consent to disclose the security directive to Kalantar or to his attorney would be withheld in this case, however. Defense counsel explained that Kalantar and his attorney are "involved in advocacy groups for Iranians fighting discrimination" and have a connection with a pro-Iranian website discussing supposed discrimination against Iranians in various forums including the airline industry and specifically by Lufthansa. Hr'g Tr. at 24-25. 3

---
3 According, to defendants' counsel, Ms. Martin also stated said that the FAA had permitted disclosure of security directives in similar cases to a party's attorney because, unlike in this case, the attorney "[did] not appear to be emotionally or otherwise involved in the issue. And she felt that in those cases there wouldn't be a threat to the information being disseminated." Hr'g Tr. at 25.

Stephen J. McHale, Deputy Under Secretary, Transportation Security Administration, United States Department of Transportation, in a declaration appended to the United States' Statement of Interest states the following:

While it is true that in the past the predecessor of the TSA, the Federal Aviation Administration's Office of Civil Aviation Security, in conjunction with the Chief Counsel's office, made accommodations in federal court litigation that allowed air carrier counsel to provide SSI to opposing counsel pursuant to a strictly controlled confidentiality order, the TSA is unwilling to make any exceptions to the need-to- know category at the present time. This is due in no small part because of recent intelligence reporting that al-Qaeda militants had obtained access, through media sources and publicly available U.S. Government reports, to information concerning security vulnerabilities at American airports. While we do not know what part such information may have played in the decision to use U.S. civil airliners in the attacks on September 11 , we cannot discount the possibility at this time that SSI provided to those outside the operational need-to-know categorycould be exploited to further terrorist objectives and put the the public at greater risk.

United States' Statement of Interest, Ex. A ¶ 10 (Decl. of S. McHale).

125 posted on 03/14/2006 11:08:07 AM PST by Cboldt
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To: Sandy
Sandy, I am definitely no lawyer and you may be correct by saying that ... the trial has already been taking place in this case. The jury's been seated, and arguments and testimony have begun. *If* the prohibition against double jeopardy applies, jeopardy would be attached already. That's how it works in a guilt trial at least.

But Double Jeopardy would not seem applicable here.

DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendment to the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).

(lectlaw.com)

126 posted on 03/14/2006 11:45:12 AM PST by catpuppy
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To: Diddle E. Squat

When she specifically (and correctly) tells the prosecution not to coach witnesses, and then the prosecution willfully does exactly that, her ideology is not the issue (IMHO). I think who appointed her to the bench is, in this case, a convenient dodge for accepting the reality that the prosecution royally screwed up.

The guy is still guilty. Nothing can or will change that.


127 posted on 03/14/2006 11:59:15 AM PST by dmz
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To: dmz
In April 2002, Moussaoui pleaded guilty to all six counts of the indictment that charged him with conspiracy to commit acts of terrorism, to commit aircraft piracy, to destroy aircraft, to use weapons of mass destruction and to murder U.S. employees and destroy property. Four of the charges carry a maximum sentence of death.

IMHO it has been decided at the highest level(s) of the US government Moussaoui alive is more important than Moussaoui dead.

128 posted on 03/15/2006 5:02:05 AM PST by hflynn ( Soros wouldn't make any sense even if he spelled his name backwards)
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