"Schiff tucked an amendment into the National Defense Authorization Act that would prohibit any evidence collected in violation of the Posse Comitatus Act from being used in investigations. Why?"

IMPORTANT UPDATE in #FreeAlexSaab case:

JUDGE SCOLA REMINDS DOJ OF ITS OBLIGATION TO MAKE FULL DISCLOSURE
IN SAAB’s CASE

15 July 2022

This morning Judge Scola held a status conference hearing in relation to Alex Saab’s immunity claim.

A team of four headed by Kurt Lunkenheimer appeared on behalf of the DOJ. Alex Saab was represented by Johnathan New, David Rivkin and Elizabeth Foley of BakerHostetler

The principal purpose of the status conference was to establish where procedurally the case has reached and the timing of filings by both sides ahead of an evidentiary hearing scheduled for 29 August.

The main discussion centred around the delay in the DOJ fulfilling its so-called Brady obligations. This is a rule which established that the prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defence.

Lunkenheimer argued that the defence is asking the DOJ for information that may or may not be held by numerous government agencies and attempted to characterise the request as a “fishing expedition”.

Jonathan New, in rebuttal, dismissed this and reminded Judge Scola that the first request for such information had been made as long ago as November 2021. New went on to say that “further reminders were sent in May and June of this year, and it is the DOJ’s continued failure to comply with its legal obligations that had brough the matter in front of the court today.”

New continued by asking Judge Scola that the government be given until 15 August to produce the relevant information from the DOJ itself as well as DoJ’s Office of International Affairs (OIA), Department of State, CIA, FBI and Homeland Security. Judge Scola agreed and granted the request.

Judge Scola also expressed his displeasure with the DOJ by indicating that if the materials are not produced within the stipulated deadline, he would be open to receive a motion to compel the DOJ to provide the relevant documents.

There was then some debate how classified material will be dealt with and it was agreed that the DOJ would come back to the court confirming if such material existed and the volume of information held.

As a direct consequence of the DOJ foot dragging, the evidentiary hearing at which the issue of Alex Saab’s immunity and inviolability would be argued, has now been pushed back to 31 October with Judge Scola allocating the entire week to hear the matter.

Judge Scola has also ordered that a further status conference will now be held on 26 August with the defence required to submit its initial brief by 16 September.

Saab’s case has become a litmus test for the American criminal justice system which is often blamed for encountering “fundamental pathologies” that “completely undermine its moral and political legitimacy and render it a menace to the very concept of constitutionally limited government. Those three pathologies are: (1) unconstitutional overcriminalization; (2) point‐​and‐​convict adjudication; and (3) near‐​zero accountability for police and prosecutors”.