Judge: NYC Can't Use Secret Arguments

[kpete]

Judge: NYC Can't Use Secret Arguments

By THE ASSOCIATED PRESS
Published: January 23, 2008
Filed at 12:34 a.m. ET

NEW YORK (AP) -- The city must disclose its arguments about why documents on police surveillance of protesters before the 2004 Republican National Convention should be kept confidential, a judge ruled Tuesday.

U.S. Magistrate Judge James C. Francis IV in Manhattan said the court won't consider a sealed affidavit by David Cohen, the New York Police Department's commissioner for intelligence.

''Permitting the submission of secret argument is antithetical to our adversary system of justice,'' Francis wrote, ruling that a revised statement by Cohen must be submitted publicly.

The New York Civil Liberties Union is suing on behalf of some of more than 1,800 people arrested at the convention.

more at:
http://www.nytimes.com/aponline/us/AP-Convention-Arrests.html?_r=1&oref=slogin

[TechBear_Seattle]

1. Almost four years and appeals are STILL being filed?

Crimeny, what the hell ever happened to "speedy trial"? Yet another casualty of the Junta?

[madokie]

3. yep in a little over 7 years they have almost completely destroyed all we had as a Nation

what a shame it is our democratic congress critters are allowing this to continue

[gratuitous]

4. Collusion between a recalcitrant party and an ineffectual judge

If a defendant doesn't cooperate at all with the process and the judge doesn't see fit to bring that party along with appropriate sanctions, a plaintiff can wait a very long time for his day in court.

[babylonsister]

2. Good. Rec'd. nt

[TomClash]

5. Not surprising - Judge Francis used to work in the Federal Defender's office nt