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Govt Admits: Fla. and Va. Prosecutors Were Split / Trial Postponed

Prosecutor Asks Judge to Reconsider: Will Third Time Be a Charm? 

DOJ SealMarch 7, 2009 – Alexandria, VA – According to  federal court briefs filed on Wednesday, Assistant U.S. Attorney Gordon Kromberg restated his request for the judge to overturn her order compelling prosecutors to turn over evidence regarding the 2006 plea negotiations. This marks the third time that the government has defied the court’s order, signaling a desperate move to avoid revealing the facts in the 2006 plea negotiations.

On February 5th, Judge Leonie Brinkema ordered the government to provide affidavits by prosecutors from Florida and the Department of Justice regarding their knowledge of the promises given to Dr. Al-Arian in those negotiations.

DOJ Seal

Kromberg then filed a motion asking the judge to reconsider her decision, which she denied in a February 20th hearing, giving prosecutors one week to provide the evidence.

On the eve of the February 27th deadline, prosecutor Kromberg then asked for a five-day extension, which the judge granted. However, on the day of the new deadline – which came a month after the judge first ordered the evidence – the prosecutor defied the judge’s order, asking her once again to rescind it. In the March 4th filing, he argued that the evidence is irrelevant. The latest government filings also reveal a number of important facts:

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