Judge ... no longer confident in government briefs ... similar representations made in the Moussaoui case were false

Moussaoui judge questions government | By MATTHEW BARAKAT, Associated Press Writer | Tue Nov 20, 6:55 PM ET

McLEAN, Va. - A federal judge expressed frustration Tuesday that the government provided incorrect information about evidence in the prosecution of Sept. 11 conspirator Zacarias Moussaoui and raised the possibility of ordering a new trial in another high-profile terrorism case.
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The prosecutors have asked her to dismiss the defense request. The government has denied the allegations but has done so in secret pleadings to the judge that defense lawyers are not allowed to see. Even the lead prosecutors in the al-Timimi case have not had access to the information; they have relied on the representations of other government lawyers.

After the hearing, the judge issued an order that said she would not rule on the prosecutors' motion until the government grants needed security clearances to al-Timimi's defense lawyer, Jonathan Turley, and the lead trial prosecutor so they can review the secret pleadings.

Brinkema said she no longer feels confident relying on the government briefs, particularly since prosecutors admitted last week that similar representations made in the Moussaoui case were false. ...
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Brinkema made no rulings during the brief, 20-minute hearing in Alexandria, but her displeasure at the government was apparent. Prosecutors did not have the opportunity to speak during the hearing, except to note their appearance for the record. ...