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To: Wolfstar
This rule is so important that it is simply called "The Rule." Everyone knows what rule is being discussed.

In civil cases, a lawyer simply says "I'd like to invoke the Rule." Then the judge says that the rule is invoked and all witnesses must leave the courtrooom until it is time for them to testify. After they testify, the judge may release them from the Rule. Parties are excluded from the Rule as are select others (maybe an expert).

The Rule basically says that witnesses cannot be present to hear or otherwise be told what other witnesses have said. The penalty for a witness even innocently learning about the testimony of another is to bar that person as a witness.

It may work differently in criminal cases, especially one as high profile as this one. It sounds like the judge put it in a written order and treated it as more than a routine matter. So, the judge may decide that more than the routine remedy is called for.

It is an unforgiveable thing for a prosecutor to do. But I am not surprised. I have concluded that prosecutors truly do not believe that any rule applies to them or that any judge would call them to task for anything. Violating the Rule is probably one of the least offensive thing most prosecutors do.
70 posted on 03/13/2006 11:29:55 AM PST by Iwo Jima ("An election is an advanced auction of stolen goods.")
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To: Iwo Jima
It is an unforgiveable thing for a prosecutor to do.

According to the article, the lawyer who did it is from the TSA. It's unclear if the TSA lawyer was on the prosecution team. From the article:

Brinkema said a lawyer for the Transportation Security Administration sent e-mail to seven Federal Aviation Administration officials outlining the prosecution's opening statements and providing commentary on government witnesses from the first day of testimony.

99 posted on 03/13/2006 1:18:38 PM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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