Fired Official Was Exploring Resolution to 9/11 Case Precluding Death Penalty [The New York Times]
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Source: The New York Times
Under the military commission rules, the convening authority — not prosecutors — negotiate plea deals with the defense, and even the appearance of “unlawful command influence,” or attempts by superiors to influence the handling of a case, is forbidden. David Nevin, the lead defense lawyer for Mr. Mohammed, said he had asked Brig. Gen. Mark Martins, the lead prosecutor, this past week to provide information about the basis for Mr. Rishikof’s firing as a matter of so-called discovery, the process by which the government must turn over to the defense relevant information in its possession. “The firing fairly raises the question of whether it constituted unlawful influence on the convening authority, and we have an obligation to try to learn everything we can about that,” Mr. Nevin said. Guilty pleas would offer a way out of a complex case that has been mired in years of pretrial hearings and is certain to face many more years of appeals if it ever gets to trial and results in con
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