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Judge blasts stall tactics { January 15 2003 }

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   http://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?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.



Battle over dirty bomb suspect { January 17 2004 }
Combatant allowed attorney { December 5 2002 }
Democracts suspicious
Dirty bomb arrest
Dirty bomb plot { June 11 2002 }
Dirty bomb suspect isolation results in mental illness { December 4 2006 }
Drity bomb suspect { June 11 2002 }
Fed drops attempt to charge padilla for dirty bomb { November 23 2005 }
Federal judge says to release padilla
Government ducks out of padilla case in supreme court
Government still troubled over prosecuting padilla { January 4 2007 }
Held indefinately
I13684 2003Dec18L [jpg]
Jose indicted to avoid supreme court ruling { November 22 2005 }
Jose padilla indicted after three years no charges
Judge blasts stall tactics { January 15 2003 }
Judges to hear legal challenge
Key padilla witnesses drugged and tortured { June 5 2006 }
Lawyer visits drity bomb suspect { March 4 2004 }
New civilian charges in florida against padilla
Padilla al qaeda { August 28 2002 }
Padilla case very light on facts
Padilla illegal tortured tactics in question { November 19 2006 }
Padilla lawyers asks for indictment { July 19 2005 }
Patriot act author has concerns { November 30 2003 }
Seized citizen is ordered released { December 19 2003 }
Sept 05 court gives bush right to detain without charges { September 10 2005 }
Suspect can meet lawyers { March 11 2003 }
Washington trick

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