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Politics : PRESIDENT GEORGE W. BUSH
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To: MKTBUZZ who started this subject8/15/2003 12:24:34 AM
From: Doug R  Read Replies (1) of 769670
 
U.S. District Judge Leonie Brinkema is expected to issue a critical sanction any day in the federal criminal case prosecution of Zacharias Moussaoui, who is charged with having conspired to participate in the September 11 terrorist attacks. The order arises out of the government’s refusal to comply with the judge’s order that the government produce for deposition Ramzi Binalshibh, a suspected high al-Qaeda official who is currently in U.S. custody. Moussaoui is seeking Binalshibh’s testimony to help establish his innocence of the charges.

Judge Brinkema’s original order granted Moussaoui’s request based on the Sixth Amendment to the U.S. Constitution, which guarantees the right of an accused in federal criminal prosecutions to summon witnesses in his behalf at his trial. Despite the oath that the attorney general took to support and defend the Constitution when he was sworn in office, John Ashcroft has chosen to knowingly, intentionally, and deliberately disobey Judge Brinkema’s order by refusing to produce Binalshibh for testimony.

Clearly, the judge must impose some sanction on the government. Otherwise government officials will feel free to violate the Constitution and disobey court orders whenever they feel like it.

Thus the question is, What would be the most appropriate remedy? What remedy would discourage this kind of wrongful conduct on the part of the government? What remedy would best serve the interests of the American people?

The answer is, Judge Brinkema should cite John Ashcroft for contempt of court for knowingly, intentionally, and deliberately violating her order enforcing the U.S. Constitution.

Such a citation of contempt followed by incarceration would not be unusual at all. Punishing both litigants and attorneys for refusing to obey court orders is one of the standard remedies available to the courts.

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