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Ashcroft On the Hot Seat in Detroit

Atrios has an update on the motion to hold Attorney General John Ashcroft in contempt in the Detroit terror trial for his improper comments. The defense had requested a contempt order against Ashcroft for violating the Court's gag order. The matter was postponed until the trial was over. It's now over. And being considered.

Here's some background on the incident. After learning of the remarks back in October, the Judge declared:

I was distressed to see the attorney general commenting in the middle of a trial about the credibility of a witness who had just gotten off the stand," Rosen said. Later, Rosen added, "The attorney general is subject to the orders of this court. ... The attorney general has specifically been put on notice about the scope of its gag order."

Our opinion at the time:

The Attorney General of the United States knows better than to comment on trial evidence at a press conference. It's the second time he has violated the gag order in the case, according to defense counsel. The Judge may make Ashcroft explain himself after the trial. That hardly helps the defendants overcome the prejudice caused by his comments if one of the jurors saw the conference or had his comments repeated to him or her. Jurors weigh the credibility of witnesses and strength of evidence, not proseuctors.

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