Prosecutors must produce memos by high-ranking Justice Department officials on the transfers of an accused terrorist because they might explain why he was kept out of the criminal justice system for almost five years, a New York federal judge has ruled. Judge Lewis A. Kaplan, in an opinion unsealed Wednesday, ruled on Jan. 21 that the discovery obligations of prosecutors extend to the memos because DOJ officials can rightly be considered part of the "government" within the meaning of Rule 16 of the Rules of Criminal Procedure.
Judge: Disclosure Obligation in Terror Trial Applies to Top DOJ Officials
New York Law Journal
February 25, 2010