| Judge blasts stall tactics { January 15 2003 } Original Source Link: (May no longer be active) http://www.newsday.com/news/local/newyork/ny-stall0116,0,6259294.story?coll=ny-nynews-headlineshttp://www.newsday.com/news/local/newyork/ny-stall0116,0,6259294.story?coll=ny-nynews-headlines
http://www.newsday.com/news/local/newyork/ny-stall0116,0,6259294.story
Judge Blasts Govt. Stall Tactics By Patricia Hurtado Staff Writer
January 15, 2003, 9:03 PM EST
A federal judge assailed prosecutors Wednesday for resisting his order to allow an American citizen accused of plotting to detonate a “dirty bomb” in this country to meet with his attorneys.
U.S. District Court Judge Michael Mukasey directed his pique largely at U.S. Deputy Solicitor General Paul Clement for appealing his Dec. 4 order allowing the incarcerated Jose Padilla, whom President George W. Bush designated as an “enemy combatant,” to confer with his legal counsel.
Mukasey had directed the government and defense lawyers to come up with a schedule by Dec. 30, 2001, for Padilla to meet with his attorneys, while also permitting Padilla to argue through his lawyers that his detention is improper.
The New York-born Padilla, who later moved to Egypt and took the name Abdullah al Muhajir, was arrested in May as a material witness after arriving at Chicago’s O’Hare Airport on a flight from Pakistan.
Bush administration officials contend he met with Abu Zubaydeh, a high-ranking al-Qaida coordinator in Afghanistan and proposed stealing radioactive materials to build and detonate a dirty bomb in the United States.
On June 9, the government secretly transferred Padilla to a Navy brig in Charleston, S.C., and into the custody of the Department of Defense. He has been held incommunicado there while his New York lawyers, Donna Newman and Andrew Patel, have sought access to their client.
Last week, government lawyers filed a brief urging Mukasey to reverse his ruling to allow Padilla to confer with his counsel. They argued that Mukasey should reverse the ruling in light of “the grave damage to national security” that they contend could result if Padilla’s ongoing interrogation by the Department of Defense is interrupted.
Wednesday, Mukasey was skeptical and even angry at the government’s arguments. “It appears …the government has no intention of allowing that [meeting] to happen, at least voluntarily,” the judge said.
Mukasey said he was also puzzled by the government’s failure to follow court rules regarding requests that judges reconsider their own rulings.
“I really can’t believe, and I do not believe, that it didn’t occur to you that this was a re-argument motion,” Mukasey told government lawyers. “That’s just absurd.”
In the end, Mukasey gave the government until Jan. 29 to finish submitting arguments. Copyright © 2003, Newsday, Inc.
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