But the officials who took the stand today revealed several other problems, including an assertion by government lawyers in a Feb. 14 letter that three federal aviation officials did not want to talk to defense attorneys. The three, who were sought as witnesses by the defense, said in today's hearing that they were unaware of the letter, and one said he would have been willing to talk to the defense, the Associated Press reported.
Martin, the TSA lawyer accused of misconduct, told one official who was sought as a defense witness that he should not have any contact with defense lawyers, the court was told.
That is a huge no-no. Prosecutors are not allowed to tell witnesses not to discuss the case with the other side. They can only say the decision is up to them.
Then, there's this, for which blame falls squarely on the prosecutors:
In addition, the prosecution acknowledged that it did not advise witnesses of the judge's order governing their conduct and that it held a telephone conference call with two witnesses at once, violating a rule barring trial witnesses from interacting with each other before their testimony. Novak, the prosecutor who initiated the call, told the judge it concerned only the logistics of trial exhibits, not the substance of testimony, AP reported.
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Original Post 11:10 am
Judge Brinkema, with good reason, is seriously miffed at former FAA and TSA attorney Carla Martin. At the hearing this morning, the Judge said Martin could refuse to testify because she faced legal jeopardy over her e-mails to trial witnesses.
Martin asked for more time to get a lawyer, and the judge gave it to her -- till tomorrow morning. The Judge probably knows any lawyer she gets is going to advise her to take the 5th and refuse to testify so a long delay isn't necessary. The Judge also refused to allow Martin to make a statement to the Court, admonishing her that she is now a witness.
My theory on Ms. Martin's separate agenda in disclosing the transcripts and her opinions to trial witnesses is here.
From the WaPO article linked above:
Carla J. Martin, a Transportation Security Administration lawyer who was been accused of coaching witnesses in the case, asked permission to address the court and was immediately cut off by an irritated U.S. District Judge Leonie M. Brinkema, who told her, "No, you're a witness."
When prosecutor David J. Novak suggested that Martin be advised of her rights, Brinkema told her that she has the right not to testify, that her testimony could be used against her because she is in jeopardy for the alleged violation of a court order and that she has the right to be represented by counsel.
Update: There's been a lot of talk about whether Carla J. Martin was just an attorney for the Government or an attorney in the Moussaoui case. As I wrote yesterday here, she wasn't a prosecutor in the case, but she co-signed this pleading with the prosectors which I think makes it fair to say she is an attorney in the case.