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Gov't Wants New Judge in Perjury Case

By TChris, Section Court Decisions
Posted on Mon Dec 12, 2005 at 02:19:24 PM EST
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by TChris

Federal prosecutors are complaining that a judge has "not seemed fair since she wrote a 2004 article for a legal publication saying it was the duty of judges to protect individual rights in the wake of the Sept. 11, 2001, terrorist attacks." It shocks the government, apparently, that any judge would think it important to protect individual rights. The prosecutors have gone to the court of appeals to seek the judge's removal from a perjury case.

Their basis for claiming unfairness? The judge has expressed skepticism about the evidence in the government's perjury case against Osama Awadallah, and has made some rulings the government doesn't like. At one point, the judge dismissed the case, but it was reinstated on appeal.

The Second Circuit seemed to be unimpressed with the government's request to substitute a judge who is more to its liking.

Appeals Judge Barrington D. Parker Jr. challenged the government's reasoning in asking for a new judge, saying it was not unusual for a judge to express opinions. "The government surely is not entitled to always have its close friends as judges," Parker said.

The government is so used to appearing before pro-prosecution judges that it can only whine when a judge insists on protecting a defendant's rights. Awadallah's lawyer has it about right:

Outside court, one of Awadallah's lawyers, Elizabeth Fink, said she was outraged by the government's attitude in the case. "They want the same thing as George Bush, to be able to do whatever they want without critics, and anybody that criticizes them is wrong and evil and an enemy," she said.

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    Gov't Wants New Judge in Perjury Case | 3 comments (3 topical)
    Re: Gov't Wants New Judge in Perjury Case (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:06:56 PM EST
    Not fair is not a good enough of a reason. At least that's what I'm told when I ask for a different judge. I love to hear prosecutors make the same arguments they complain about the defense making all the time.

    Re: Gov't Wants New Judge in Perjury Case (none / 0) (#2)
    by jimcee on Sat Dec 17, 2005 at 01:06:57 PM EST
    Defense council try this all the time so I don't care if the prosecution tries the same. The difference I guess is that the prosecution can better determine whom is going to be the judge on any particular case. Either way it seems to me to be the same lawyering just from a different angle.

    Re: Gov't Wants New Judge in Perjury Case (none / 0) (#3)
    by Sailor on Sat Dec 17, 2005 at 01:06:57 PM EST
    Defense council try this all the time
    Links please?

    Gov't Wants New Judge in Perjury Case | 3 comments (3 topical)